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What kind of lawyer should i contact to sue a hospital?

Jeffersonville, IN |

In may 2012 i delivered my second child. I had private insurance through my work and i was never on medicaid during this pregnancy. The day before they released me they told me i had tested positive for an opiate and so did my son. I admitted to them i took an opiate the day before i went into labor due to the pain but i didnt do drugs. they called cps on me and i had to submit a drug test for them which i did and passed but im really upset because i found out that the hospital should have never drug tested me unless i was on govt insurance or i signed a consent waiver which i never did. my babys prenatal dr called me the other day and told me the hospital told them i was on medicaid which im not so now im wondering why they broke the law and assumed i was on medicaid!!! do i have a case?

when i delivered my first child at the same hospital in 2010 i was on medicaid during that pregnancy but i had updated my insurance since then....they also gave my babys prenantal dr an old address and it wasnt the same one i used during registration!!!

Attorney Answers 3

Posted

you should hire a lawyer who specializes in medical malpractice claims.he will be familiar with the requirements for such a claim

without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice

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Posted

The hospital did the right thing by calling cps as they found opiates and you admitted to taking opiates. They did what was in the best interests of the child. Even if you wanted to sue the hospital, without damages, a lawsuit would be fruitless.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

i understand that but there was a case in 2000 that made if federally aganst the law for hosptals to drug test pregnant women unless there were on government insurance or signed a consent form. It violates our constitutional rights. and like i said the best interest of my children i also have a 2 year old i work i go to school my kids have everything they need i was in pain and i also passed the drug test cps gave me because i did tell the truth but i suffered a lot of anxiety right after had a kid because of all this.

Posted

What you describe is not a malpractice claim. Medical malpractice cases require proof of a departure from standard care causing an injury. It does not seem that any of those things happened in your case.

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Posted

i didnt know what kind of case it was thats why i was askng what kind of lawyer in the initial question. People told me thought it was medical malpractice because theres a federal law stating you cant drug test someone who is pregnant or after pregnancy in the hospital unless they are on medicaid or signed a consent which neither applies to me.

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