What is a doctor's legal obligation to report suspected child abuse or neglect, to authorities? CPS does nothing also.

Asked over 1 year ago - Waldorf, MD

My son's mother has refused to give our son his prescribed and recommended medicines for his allergies/asthma, over at least the last four years. Our son constantly gets respiratory infections due to this. He is severely allergic to pets, and she recently added 2 more dogs for a total of four, knowing full well he is allergic and gets sick. The doctors have been kept aware of this problem by me, and I have emails from the mother specifically stating she refuses to give our son his medicine. When contacted to see if they would testify for my son & me, the doctors say they want to stay out of it. Do I need a malpractice atty or can my family atty remind them of their oath and obligation and the consequences of looking the other way. This is abuse and neglect and the courts do nothing.

Attorney answers (1)

  1. Lauren E. Ruff

    Contributor Level 4

    1

    Lawyer agrees

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    Answered . I am sorry that you are going through this. Sadly, many physicians do not wish to get involved in child custody disputes. It is extremely difficult to make a physician testify, and if you do so you may alienate your child from physicians in your area who will then refuse to take him as a patient. If you wish to change his custody and visitation, you have the burden of showing it is in your child's best interest to do so. I suggest you take your child to the doctor every time you notice problems when he comes back from his mother's. Count your child's medications carefully and keep a journal of the amounts of meds and times your child takes them so it is easy to pinpoint when the child is not getting his meds. Evidence is very important here and these are some things you can do to gather evidence: (1) Save all emails between you and the mother, and enable the full headers for those emails. (2) Do not call her. Only communicate with her in writing.

    Last of all, only an attorney licensed in your jurisdiction can represent you. They cannot make a case unless you bring them evidence. Follow that attorney's instructions to the letter.

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