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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35003
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My friends 18 mo old son accidentally ingested an over the

Customer Question

My friends 18 mo old son accidentally ingested an over the counter medication and ended up in the ER as a precaution IAW poison control protocols. Tricare sent them a DD 2527 to fill out. Could the information provided result in some sort of parental negligence charges? In other words, should my friend talk to a lawyer before signing the form and sending it?
JA: Have you talked to anyone in the chain of command about this?
Customer: No. Friend is retired.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Military Law
Expert:  P. Simmons replied 11 months ago.

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

Expert:  P. Simmons replied 11 months ago.

Could that form be used to help prove a negligence case? could. At least in theory...if there is evidence the service member was negligent and that negligence led to harm to their child? That could be prosecuted under UCMJ.

So yes...that is possible.

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.