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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38237
Experience:  Attorney with 17 years experience
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Customer Question

I am a single foster Mom. My two infants were put into respite care for three days while I was hospitalized. They went to a home where that foster Mom is notorious for getting the children in her care diagnosed with an illness so she can obtain the higher state rate for them. Both my babies have had horrible diaper rashes. I was beginning to suspect a milk allergy, but had not yet had time to contact the MD as I went into the hospital. The Respite foster Mom took the babies to their MD with a bucket list of questions about their health history, if they were current with shots, at appointment and asked many other questions that were freely answered by the office PA. I am the Foster parent of record that has signed all HIPPA papers. The result of that appointment prompted the County to remove the children form my care because of the story form the respite care worker and the PA. They do not of course have all the pieces to the puzzle! I am obtaining a lawyer to fight for me. Can I sue the MD office & Practitioner for sharing so much information with the Respite Foster Mom? I am so lost, disillusioned. and saddened! BUT I am getting mad now and need to fight for the babies and what has been done to damage my reputation as a foster parent and nurse. I believe I may have a legitimate suit against the county also?
Submitted: 5 years ago.
Category: Family Law
Expert:  Barrister replied 5 years ago.

If the respite care included medical "consent to treat" paperwork, (and it should have) then the care worker would have had the legal authorization to take the foster children to the doctor for evaluation and care. As part of caring for them, the care worker would have been allowed access to the children's health history so as to discover if there were any particular care requirements that would not have been obvious, such as allergic reactions.
If the children were removed as a prevenatative action, your recourse would be to vigorously defend against any neglect charges by adequately explaining the children's medical care and why certain things were or were not done.
But as for legal grounds to sue, I don't see anything illegal that has been done here that would give a cause of action.





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