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Safety Plan Wrongly Requried for a Newborn Due to False Drug Test Result

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  • 05-15-2018, 12:50 PM
    lawfacts
    Safety Plan Wrongly Requried for a Newborn Due to False Drug Test Result
    A three-week-old child was taken to the hospital for lethargy. The doctor ordered a drug test, and it came back positive for opiates. The hospital then involved protective services and the family was told that they had to agree to a safety plan or the child would be taken into state custody. The safety plan prohibited the family members from being alone with the child. The parents agreed to the plan.

    A follow-up test was administered and showed that the first test was a false positive. Do the parents have any recourse against the doctor, hospital, drug test or protective services for making them agree to the safety plan?

    The child had to spend five days in the hospital, for reasons completely unrelated to drug use. (The final test came back negative for all drugs.)
  • 05-16-2018, 03:01 PM
    Mr. Knowitall
    Re: Safety Plan Wrongly Requried for a Newborn Due to False Drug Test Result
    Unfortunately, this is just one of those unfortunate events in life for which there is no remedy. Everybody acted appropriately and in good faith based upon the initial test result, and they are not going to be liable for those good faith actions. The measures were taken to protect the child.
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