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I need to know if my situation constitutes a civil rights…

Hi I need to...

Hi I need to know if my situation constitutes a civil rights case? The hospital has taken custody of my baby for no medical logical reason

Lawyer's Assistant: What state are you in? It matters because laws vary by location. Has anything been filed or reported?

I'm in GA. They reported it to DFS in Dekalb county

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes...I'd like to know what steps I can take for legal action or at the very least file a complaint

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Answered in 8 minutes by:
3/4/2017
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,699
Experience: 30 Years In General Practice,
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. DFS has the power to take a child under certain circumstances. Can you explain what occurred that caused DFS to become involved?

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Customer reply replied 1 year ago
I wanted to take me baby out of the hospital on a AMA waiver and they refused...I tried to take my baby anyway and security and the police were called. The doctor signed a paper stating she's taking custody of my baby and I was escorted off the premises. My baby has a complex medical history but she's completely healthy at this time and the docs have no medical/logical reason for keeping her. They tell me it's just their standard of care practice.

They must provide a reason that you cannot remove the baby from the hospital. You stated DFS was involved can you tell me what grounds the hospital alleged as reason to bring in DFS?

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Customer reply replied 1 year ago
They provided me a reason but it wasn't a good one. It's not their standard of care practice. DFS was notified when custody was taken. It's another standard practice I guess.
Customer reply replied 1 year ago
My baby was healthy at the time of admission. She just needed labs and to establish care with a few specialists since we're new to this state. After these things were accomplished...I feel she should have been discharged to prevent unnecessary exposure to sickness.

What was the reason?

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This may be a violation. I need to know what they are alleging.

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Customer reply replied 1 year ago
My baby doesn't have proper medical supply support. Even though she has an order to get supplies delivered on Mon. to my house. They said it's not their "standard of practice" to let babies in her condition go without this support even though she came to them in the same condition and I have a emergency plan in place. It's just 2 days.
Customer reply replied 1 year ago
she also has the equipment they're ordering it's just from another state but still everything she needs to survive 2 days!

You will want to contact the State Health Department to see if this is standard. If not you can also contact the Health and Human Services Department of the U.S.

Where are you located so I can provide a link for civil rights Attorneys in your area that provide FREE consultations?

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Customer reply replied 1 year ago
Atlanta GA

This is a link for Civil Rights Attorneys that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/civil-rights/atlanta/georgia

Let me give you the State and Federal Health Department links as well. One moment please.

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This is a link for regulation of health care facilities in Georgia https://dch.georgia.gov/hfr-file-complaint

This is the link to file a civil rights complaints with the Federal Government Department of Health and Human Services https://www.hhs.gov/civil-rights/filing-a-complaint/complaint-process/

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Attorney2
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