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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33752
Experience:  Began practicing Family Law in 1992
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My ex-husband took ourchild to the Emergency room for an

Customer Question

my ex-husband took ourchild to the Emergency room for an elevated fever. The new wife is a nurse in the ER where the child was taken. The new wife was working that day. The child was not having any difficulty breathing or respiratory issues. Just a fever. The new wife took it upon herself to ask the doctor to change the child's long acting inhaler. The the wife told the husband that he should not and could not tell me the mother of the change so for 6 weeks my daughter recieved one on acting steriod inhaler for 7 days and then while at the fathers house for 7 days recieved another. Is the docotor in violatoin of changing the medicaiton and? is the Nurse (wife) inviolation of any medical issues
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

As to the doctor, the only way he would be in any trouble is if he chose a medication that wasn't appropriate for some reason and your facts don't indicate that occurred.

As to the nurse, there is nothing obvious in the facts, other than her telling her husband not to tell you of the medication change. I haven't seen a specific code of ethics that this would violate although I would think that the judge in the family court would look upon this with disapproval.

It is my understanding, based on experience in a prior case, that a child taking one inhaler at one parent's home and a different inhaler at the other parent's home doesn't cause any ill effects to the child and I am basing my above answers on that premise. However, if this is incorrect and you have a medical expert who will testify that this is not a correct treatment or that using two different forms of inhaler will cause some type of harm then the nurse would definitely be in violation of the standard of care and the father would be acting in a way that was not in the child's best interest.

As to the family court, I absolutely believe they acted inappropriately and a judge, as I said, could disapprove. Many court orders, particularly when a child has a problem like asthma, have a provision in them stating that medical information or doctor's visits has to be shared with the other parent within a certain period of time. If your orders contain this provision then a Motion for Contempt against the father is justified.

Customer: replied 1 year ago.
I am not looking at this from a family law issue. I am looking to see if the doctor violated any standards (not looking to sue) and if the nurse violated any nurse practice acts. I am writing the hospital a letter, filing a complaint with the board of physicians and filing a complaint with the Board of nursing. If they investigate they do if they don't they don't. Just wanted to see if there was some standards violated. Other than my former husband listening to the new wife and not standing up for our daughters health.
Expert:  JD 1992 replied 1 year ago.

Your facts don't indicate any violations other than the areas I mentioned, even though their actions were extremely inappropriate.