Hospital treated a minor without legal consent.

[ashleyaewing]

Are you known to the physicians at that particular hospital?

ETA: Actually, that doesn't matter. Did the father claim, to hospital personnel, to have legal custody?

No, I have no affiliation with this particular hospital.
He may have but that's why I called ahead of time to advise he didn't have legal custody. There is a state sheriff on site at this hospital that confirmed he had no legal custody.

 

[I'mTheFather]

So, it's one parent's word against the other's. The state sheriff couldn't confirm until you arrived. I don't see how you can blame the hospital.

 

[I'mTheFather]

Also, if you're a medical professional, then you should know how the staff would respond if the father claimed there had been abuse, legal custody or not.

I get that you're angry, but your anger is misplaced.

 

[ashleyaewing]

OK....I have some issues with your statements:
1) most medical providers know that they can lose objectivity when treating a person that they care about
2) CT scan is probably on of the simplest tests! Good Grief--at most it took 10 min! It isn't a big scary tube like MRI. Seriously? "The hospital subjected"....dial the drama and histrionics down a bit
3) Just as you have the suspicions of Dad and his judgment, perhaps Dad has suspicions of YOUR judgments. Good for Dad for taking the kiddo to the hospital!

I see you point as an objective third party. I will say this about his father's judgement, he knew about the accident and contusion waited until 9PM to take him when he knew it would be difficult for me to do anything about it. I didn't get him out of the hospital until well after midnight. On top of this because it was reported to Child Protective Services they then showed up at my home at two in the morning to further evaluate my home and family. This would have all been avoided if the hospital would have followed the law about treating a minor without legal consent.

 

[I'mTheFather]

I see you point as an objective third party. I will say this about his father's judgement, he knew about the accident and contusion waited until 9PM to take him when he knew it would be difficult for me to do anything about it. I didn't get him out of the hospital until well after midnight. On top of this because it was reported to Child Protective Services they then showed up at my home at two in the morning to further evaluate my home and family. This would have all been avoided if the hospital would have followed the law about treating a minor without legal consent.

Does your custody order specify who may consent to treatment?

 

[ashleyaewing]

So, it's one parent's word against the other's. The state sheriff couldn't confirm until you arrived. I don't see how you can blame the hospital.

No, this is state record the officer looked up the judgement before I got there. The hospital has a legal obligation to confirm legal guardianship once an objection has been noted.

 

[I'mTheFather]

No, this is state record the officer looked up the judgement before I got there. The hospital has a legal obligation to confirm legal guardianship once an objection has been noted.

Where are you getting this information?

 

[Ladyback1]

No, this is state record the officer looked up the judgement before I got there. The hospital has a legal obligation to confirm legal guardianship once an objection has been noted.

Oh good grief....just file for a contempt motion against the father!
That's what you want? Someone to tell you that you have right to angry...Bad Father...Awful hospital!

Thank God the kidlet was/is fine!
Hopefully, the kid isn't exposed to this sort of bickering all the time.

 

[CdwJava]

If a parent shows up at a hospital with a child bearing obvious injuries, I doubt that any hospital is going to start asking for official custody paperwork. Heck, I don't carry around my kids' birth certificates, and no one has ever called the court, contacted my wife, or ascertained in any way that my kids are actually even mine! I sign the consent to treat, they are going to treat. I suspect that dad signed the consent here, too. As was mentioned, if you believe dad violated the custody order, ask the court to hold him in contempt. Though, I am a little confused as to how dad may have had visitation (as I assume he did) and not have at least shared legal responsibility- at lest limited to his visitation time. Or, if he is injured in any way, do you expect your child to languish in pain until you can be tracked down?

Note that having CUSTODY does not necessarily mean that he does not have shared legal responsibility for the child unless such rights are removed via the court order.

Also, nothing would have prevented him from making the report to CPS even without the hospital visit if he wanted to. And, as mentioned, facial injuries due to a fall from e bed ARE suspicious. I have raised four sons and they have had many injuries over the years - I have seen it all! Facial bruising from a fall out of bed? Never seen that ... but, anything is possible. I'm also curious what the child said about his injuries and how they occurred.

 

[quincy]

If you want to file a complaint, here is a link to the South Florida Baptist Hospital with contact information:
https://baycare.org.sfbh

I have some problems with what you have written, ashleyaewing.

You said "a facial wound constitutes an envestigation [sic] from Child Protective Services" and this is not true. More is (generally) needed before CPS gets involved. If medical personnel thought the injury was suspicious, or if your son's father suggested there might be child abuse, then CPS would investigate.

The hospital examination of your son supported your claim that the bruises (contusions/wounds) were the result of an accidental injury. Why would CPS have come to your house at 2 in the morning, after it was determined by the hospital that the injury was accidental? Why would they come at 2 in the morning?

For clarification: You said you "evaluated [your] son after the accident and the time up to the hospital visit." You were able to call the hospital before your son was seen by medical personnel, which means you were notified shortly after your son was taken to the hospital, correct? Who notified you?

For clarification: You said your son's father waited until 9pm to take your son to the hospital, "when he knew it would be difficult to do anything about it." How did you know your son was not injured again while under his father's care and this "new" injury required the hospital visit?

For clarification: You said the sheriff at the hospital "looked up" the judgment which showed you had legal custody? When and how did he do this?

I suggest you contact the hospital, if you have a complaint to make over how they handled the examination of your son. I suggest you speak to your son's father if you have a problem with how he handled the visit to the hospital. I do not see that you have much to support a legal action, though, if CPS thought there was enough to investigate. A suspicion of abuse would have allowed your son's father to have your son examined without your consent (and as the father, he would probably be allowed to take your son to the hospital without your consent anyway).

I guess I am starting to understand Proserpina's earlier post.

 

[Ohiogal]

I see you point as an objective third party. I will say this about his father's judgement, he knew about the accident and contusion waited until 9PM to take him when he knew it would be difficult for me to do anything about it. I didn't get him out of the hospital until well after midnight. On top of this because it was reported to Child Protective Services they then showed up at my home at two in the morning to further evaluate my home and family. This would have all been avoided if the hospital would have followed the law about treating a minor without legal consent.

It is NOT up to the hospital to determine whether a PARENT has custody or not. That is something to take up with court regarding his actions. Why do you think a hospital is going to get in the middle of two parents? As for your judgment, you are not exactly one to be criticizing dad due to the various improper things you have said and done based upon your own words in this thread.

 

[Proserpina]

I suppose that means none of us can ever take the neighbor's kid to the ER to get treatment? Urgent care?

The ER/Urgent care facility is NOT going to delay assessment and treatment because some random woman on the phone is telling them Dad has no rights to consent. .

It's painfully clear that this is not and never was about the actual child. And that makes it truly heartbreaking.