My question involves medical malpractice in the state of: South Carolina
I have a 4 week old baby who felt warm yesterday morning. I checked his temp with 2 different thermometers because the first said the didn't have a temp, but the 2nd said he did have a temp of 101. I called the doctor to get an appointment to make sure he was ok. They checked his temp and he was fine. but they said he would have to be admitted because I reported a fever of 101, and a series of test needed to be done (spinal tap, catheter/urine test, blood work, etc.). I was floored; my poor 4 week old baby. I told them I didn't feel comfortable, I wanted to leave to get a second opinion at another hospital. The first doctor told me they would call the cops if I did that. The attending doctor came in and said if we left they would call the department of family and children services and my son may be taken away. I feel like I'm being held against my will by threatening to take my son. They are making him suffer with all these unnecessary tests. What should I do? Should I get a lawyer? Please help.
Hospital Refused to Release Infant to Parent
Printable View
-
11-22-2012, 08:25 PMgcarawayHospital Refused to Release Infant to Parent
-
11-22-2012, 08:45 PMjkRe: What Should I Do
a newborn with a temp of 100.4 (rectal) or above needs prompt medical attention. A rectal temp is about the same as a tympanic temp (ear) and about .5-1 degree higher than an oral temp. An armpit temp is about .5 degrees below an oral temp. I suggest you let the medical professionals do their jobs. I am not a doctor so I cannot second guess what tests they feel are warranted but the temp does warrant a further examination.
I would also suggest obtaining an accurate thermometer so you do not react to a temp that is erroneous. -
11-22-2012, 09:11 PMgcarawayRe: What Should I Do
jk...thanks for the response, but that was not very helpful. I was not asking for help with a thermometer. If I feel I need a second opinion before they stick my baby's spine with a needle, I should have that right to take my child to another facility. Instead these people threaten me with calling the cops and DFACS. I am going to talk with administration and a patient care representative tomorrow. As a parent I feel my rights were taken from me.
- - - Updated - - -
Maybe this is what I should have asked: What rights do I have as a parent when comes to declining tests the doctors want done on my child? or What rights do I have as a parent when it comes to wanting a second opinion before a spinal tap is performed on my child? -
11-22-2012, 09:38 PMjkRe: What Should I DoI was not offering you help with a thermometer. You did not state how you took the temp so I gave you the additive or subtractive amounts of temp for the various types of thermometers. It may have changed the importance of the 101º F reading.Quote:
Quoting [QUOTE
.then be my guest and call their bluff.Quote:
If I feel I need a second opinion before they stick my baby's spine with a needle, I should have that right to take my child to another facility
You are missing the point. A child that has a 101 temp is an emergent situation. You seem to be more concerned with your rights than your child's health.Quote:
Instead these people threaten me with calling the cops and DFACS. I am going to talk with administration and a patient care representative tomorrow. As a parent I feel my rights were taken from me.
So, you show them your medical degree and tell them the tests are not warranted. Oh, you don't have one? Then how do you determine the tests are not warranted? You have already shown a lack of knowledge concerning the importance of a 101 temp.Quote:
They are making him suffer with all these unnecessary tests.
Have you even bothered top ask the reason for the spinal tap? Why it may be necessary? It doesn't sound like it.
- - - Updated - - -
but you didn't and since you seem to be offended by the fact I did speak to what you did ask, I will refrain from attempting to explain anything more to you. Have a nice day.Quote:
Maybe this is what I should have asked: What rights do I have as a parent when comes to declining tests the doctors want done on my child? or What rights do I have as a parent when it comes to wanting a second opinion before a spinal tap is performed on my child?
-
11-23-2012, 07:52 AMgcarawayRe: What Should I Do
"I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice..."
Thanks for taking the time to help me, but I think I will ignore your advice. After speaking with the patient rep and administrator, the concerns I raised were warranted. -
11-23-2012, 07:56 AMDogmatiqueRe: What Should I DoQuote:
Quoting gcaraway
You managed to do that over Thanksgiving, huh?
Please don't lie. -
11-23-2012, 08:00 AMgcarawayRe: What Should I Do
Actually, It was this morning jack ass. Why even waste your time and post this? Hospitals always have an AOD (administrator on duty) and patient rep available 24/7.
-
11-23-2012, 08:03 AMDogmatiqueRe: What Should I DoQuote:
Quoting gcaraway
And you kiss your baby with that mouth? Delightful. Be sure to see a malpractice attorney ASAP. -
11-23-2012, 09:21 AMjkRe: What Should I DoQuote:
Quoting gcaraway
Really? Not at the 5 in my immediate area. What happens after business hours is pure medical. If you have an issue that requires an administrator, wait for the morning.
and claiming the concerns are warranted does not mean you were correct. It appears you are a lot more concerned about your rights than your child's health. I sure hope there is another parent around that will help the child when your rights cause the child injury. From the information you presented here, there is nothing wrong with what the medical provider told you. -
11-23-2012, 01:44 PMMr. KnowitallRe: What Should I Do
If you take a baby to the E.R. for emergency treatment, and you decide that you are going to walk out with the baby A.M.A., you can expect that the doctor is going to want to retain the baby and, if necessary, get a court order to permit the necessary medical treatment. You can also find yourself chatting with a social worker from protective services.
If somebody associated with the hospital humored you and calmed you down, that's great.