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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

Posted

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

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Posted

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.

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Asker

Posted

No, my mom took my son into the doctor when she was supposed to take him to a birthday party. She has accused me the last 6 years of doing drugs, called cps and every time it is unfounded and my tests are clean, so the doctor cuts his hair and then gives the hair sample back to my mom and my mom pads off and delivers it to another lab who sends it away, and then 20 days later the doctor reports it came back positive, but the kicker is that it is totally fabricated and CPS didn't believe it either, and in their reports, they majorly question the doctor's motives, and procedure.

Asker

Posted

His urine was clean, but the 20 day drug test supposedly didn't but I know its a crock of sh&%, for one, hair tests are not for kids, kids hair matures at puberty, not enough reference data available to even test child hair, not to mention not one single laboratory accross the country offers a hair test on their pediatric test list.

Asker

Posted

And the bit#$ DOCTOR is a friend of the family. Conspiracy.

Posted

This is a duplicate post. See the other responses.

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Posted

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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