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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33072
Experience:  16 yrs. of trial experience
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Ex-wife and I are in a child custody battle over medical

Customer Question

Ex-wife and I are in a child custody battle over medical issues, specifically vaccines.
It's going to trial. Current attorney is worthless. Getting rid of her. In process of getting new one.
I was thinking about bringing up my daughter's pediatrician on criminal charges, since my daughter had an adverse reaction to a vaccine back in July 2013. Because she didn't lied to me and said that the vaccine was harmless and didn't bother to tell me the truth on the possible adverse reactions.
Case is going to trial and she'll probably be one of the witnesses. Will this look like I'm trying to intimidate her by bringing her up on criminal charges now??
Also, child rep is horrible. She seems to be bias towards mothers. And has not advocated for my daughter at all ... and did some borderline unethical stuff. I was thinking about filing a complaint against her to the Attorney Reg. & Discipline Committee here in IL. And also try to push for another child rep.
What are your thoughts on all this??
Submitted: 2 months ago.
Category: Legal
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Customer: replied 2 months ago.
Had a typo above ... so fixing it. Here's what I meant to say ..."Because she LIED to me and said that the vaccine was harmless and didn't bother to tell me the truth on the possible adverse reactions."
Expert:  P. Simmons replied 2 months ago.

I think you have an uphill battle to convince the police to bring charges. You can certainly try...but it is important to understand law enforcement has discretion. That means that they are not required to investigate or prosecute any particular complaint of misconduct. So you can report this to law enforcement…but if they refuse to investigate/prosecute? There is no way to force them to do so.

And what you are describing...I highly doubt that the police bring charges... Frankly what you are describing is not likely a crime...but you can make the request.

As for complaining regarding the child's representative?

That is something you can do...if their attorney is not properly representing the child that would be a basis to file a complaint.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
Thanks for the quick reply. Much appreciated. But my main point on filing charges against doctor is ... will it look like I'm trying to intimidate a potential witness for the trial?? Will I get in trouble from the judge??And if I know that the child rep dislikes me, should I go for the complaint via the Attorney Reg & Disciplinary Committee?? Or just bite my tongue and hope to win her over ... but probably won't. She seems to be biased towards mothers/women.
Customer: replied 2 months ago.
This child rep attorney really upsets me, because it looks like she coerced my daughter into signing a HIPAA document ... so she could do her investigation. Daughter told her that she didn't feel comfortable about signing it ... and child rep said, "Well, I'm going to be meeting w/ the judge soon, so I need a decision on this." Something to that effect. In my opinion, that's coercion ... putting a child under duress. You got a child hearing the word "judge" ... well over that child going to sign the document. I think this was unethical on the part of the child rep.
Customer: replied 2 months ago.
Plus, the child rep doesn't want my daughter to do the in-camer in front of judge. I want this ... so my daughter can tell judge how horrible her mother is. My daughter does NOT like her mother and loves me very much. And the child rep knows this because my daughter told her when they met. However, it seems that the child rep is now trying to prevent this in-camera thing from happening. She said that she does NOT support it. She's really pissing me off.
Expert:  P. Simmons replied 2 months ago.

You can NOT be sanctioned for reporting a crime...it is the role of the police to determine if there was a crime and if there is evidence that supports protection (again, I think that is a stretch based on what you are describing). And, frankly, if you report and the police do not take the case there is no reason for the judge or anyone else to learn of it.

As for the child's attorney? If there is evidence that they are not doing their job, that would be a basis to report.

If you can "bite your tongue and win her over"? Well...that is not a bad idea if you can pull it off. But if there is evidence she is not representing the child that would be a basis to complain to the bar

But the complaint...in and of itself is not legally significant...the issue will be is there evidence to support the lawyer is not doing their job properly.

But honestly what you are describing does not sound like there is clear evidence that the attorney is not doing their job...it sounds like they have an opinion on you...but that is not a violation of their role or duties. It would be a violation if they are taking steps that harms the child

Customer: replied 2 months ago.
In my humble opinion, since I'm anti-vaccine ... or at least on the Gardasil HPV (and a couple others) ... this child rep is trying to sabotage me. Trying to prevent the in-camera ... so I don't have a chance of winning.Getting back to HIPAA document. Don't you think that's coercion? Of course, you weren't there, but when you got an attorney .. a person in a position of power ... saying that she's going to meet the judge ... well, that's going to scare the hell out of any child.
Customer: replied 2 months ago.
When I get my new attorney ... hopefully soon ... can he request that a new child rep is assigned?? Or is the judge going to laugh at that??
Expert:  P. Simmons replied 2 months ago.

The attorney is charged with representing the child. If they are taking steps to harm the child? That is an issue. But, frankly, that can be tough to prove.

You may be better off waiting for your new lawyer to file a motion with the judge to have the childs attorney removed...they (your attorney) will be able to craft the motion to the judge an (hopefully) provide evidence to support the request

Customer: replied 2 months ago.
That's what I'm thinking. My only concern is that I live in a small-city (about 120k) and most of these attorneys are more concerned about being buddy-buddy w/ the other attorneys than taking off the gloves and truly advocating for their client.
Expert:  P. Simmons replied 2 months ago.

You can always look outside your city for counsel...so long as they are licensed in the state they can appear in the case

Customer: replied 2 months ago.
True, but then you got travel costs, etc.
Expert:  P. Simmons replied 2 months ago.

Well...you have to make a cost benefit decision. But there are options available...

Customer: replied 2 months ago.
What about a civil lawsuit against this doctor?? Is it too late for that?? And is this once again, going to look like I'm trying to intimidate a potential witness?Because trial is coming up in late October, and she'll probably be a witness, since my ex-wife likes this doctor. This doctor is uber pro-vaccine. Like pushing even the optional ones hard!
Expert:  P. Simmons replied 2 months ago.

That is a separate issue. To sue the doctor you have to prove how they harmed you (like, for example, harmed your child through malpractice). If you have evidence of that you can file the suit

But you can not sue simply for giving a vaccine...you have to prove how they harmed the child.

Customer: replied 2 months ago.
Negligence. The doctor did NOT inform me that the vaccine can and does injure people. It was presented as harmless, and was NOT harmless. The doctor should've gone over the vaccine insert w/ me ... or at least stated the potential serious adverse reactions. But there was none of that.
Expert:  P. Simmons replied 2 months ago.

If you want to sue for negligence you have to prove how you were harmed...so you have to prove your daughter or you were harmed...if you have such evidence you can file suit.

Customer: replied 2 months ago.
Also, switching gears a bit. My ex-wife's husband has video surveillance INSIDE the house, as well as outside. This is totally creepy. I don't like the fact that he has video surv. in all major rooms and hallways. None in bedrooms or bathrooms. But still ... it's over the top. For example, when my daughter leaves bathroom after shower. Now, I will say that she actually gets dressed in bathroom. But still, I don't like this. I don't think it's appropriate video-recording children like this. It's disturbing. What say you??
Expert:  P. Simmons replied 2 months ago.

I say that unless you have evidence the video is used for illegal reasons the fact they are taping is not legally significant.

You may find it odd...but it is not a crime to videotape inside your own home.

Expert:  P. Simmons replied 2 months ago.

Hi

I have to step away for approx 1 hour but will follow up if you have more questions when I return.

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Thanks for your understanding
Phil