My wife took my daughter to hospital for a breathing treatment which was advice to us by our children doctor until they could get prescription filled. Er doctor contacted dfcs and stated that my wife didn't have proper medicine for my daughter who has asthma. My daughter isn't prescribed any medicine on a daily but on a as needed basics so she have to get sick in order to get a prescription filled.On day of incident me and my wife spoke with my daughter doctor and nurses around 3 or 4 o'clock they was working on getting prescription sent in but when we called pharmacy they said it wasn't called in so my wife took my daughter to local hospital. Sometimes between them transferring her to another hospital doctor made a report stating my wife didn't have proper meds for our child. Next day dfcs worker visited hospital and talked to my wife sister and open a case for not having our daughter proper meds which is far from truth we was just following primary doctor orders. And meds was called in later that day after doctor was at hospital already. Primary doctor called my phone personally the next day and told me that the meds was called in around 6 o'clock the day of the hospital visit.
While I am sorry for your pain, if you want to know about suing DFCS, this is not a medical malpractice case. It is VERY difficult to successfully sue DFCS. If you want to sue in state court system you have to provide an ante litem notice within in 12 months of the complained of incident; you have 2 years to sue in State or Federal Court systems. Given the issues you have described, you probably will have to pay the attorney to represent you (which would be very expensive), as it is unlikely an attorney would take the case on a contingency. You could try searching the internet for some type of non-profit legal organization which might be willing to help you. Unfortunately, this type of action does not lend itself to self-representation. Hope you can end this painful cycle and move on with your lives. Good luck! Jim.
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