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!!!
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
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.
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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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