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Is it medical malpractice if a Medical doctor treats a patient, physical, take blood, take urine, examine and question a minor.

San Ramon, CA |

No consent from parents. Dr. knew this. Child was 5.

Attorney Answers 4

  1. This is a duplicate post. A lawsuit would be fruitless.

  2. You do not provide enough information to provide a meaningful response. How did a child get to a doctor without an adult or a parent present? Was this done in an emergency room??--certainly a 5 year old does not walk into a doctor's office and a doctor decides to take blood and urine sample just for the fun of it?? In any event, unless there is some harm to the child, based only on what you write, I still would not see a viable claim.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  3. This is a duplicate post. See the other responses.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

  4. No way on the facts you presented. Maybe other legal issues, but dubious.

    Just tell us what happened. What's the point of asking half a question for 1/8 an answer? If this is a criminal situation, DO NOT SAY ANYTHING MORE, GET A CRIMINAL LAWYER.

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