My son has a medical problem and the doctor prescribed meds which I pick up the same day...however, the pharmacy didn't enter this info in the computer. The doctor called there several times and was told that I didn't pick them up...she thought I was neglecting my child, and called DCF...can I sue them?
Medical providers are mandatory reporters to DCF - Connecticut General Statute, Section 17a-101. Mandated reporters are required to report or cause a report to be made when, in the ordinary course of their employment or profession, they have reasonable cause to suspect or believe that a child under the age of 18 has been abused, neglected or is placed in imminent risk of serious harm. (Connecticut General Statutes §17a-101a)
Child neglect occurs where a child has been abandoned, is being denied proper care and attention physically, emotionally, or morally, or is being permitted to live under conditions, circumstances or associations injurious to his well-being. (Connecticut General Statutes §46b-120)
Regardless of whether or not you were acting as a fit parent, it appears the doctor was not acting in malice and was following the law so as to protect the best interests of the child. It is my opinion that you do not have a viable cause of action. However, I am sure you can find an attorney who would disagree. I hope this was helpful information. Please feel free to call with any further questions.
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