My daughter took her newborn to hospital thinking he may have injury and doctors xrayed and said he had skull fracture cps was called and police she was taken downtown questioned not allowed to make any phone calls and was accused of hurting her baby and told to just confesse because accidents happen they said and had certain rights taken away then 3days later doctor fessed up to misreading the xrays never an injury of any kind
Unfortunately if the error in interpretation was without malice, nothing in your post suggests a basis for any sort of viable lawsuit. Child welfare agencies and the police are given broad latitude to protect the rights of those who cannot protect themselves. Clearly in this instance, the baby got thrown out with the bath water. And medical malpractice is an extremely expensive area of the law to prosecute, hence it requires substantial, often permanent injury to justify. But all anyone can do on this forum is speculate based upon a few lines of information. Gather your medical records and consult local counsel for further clarity. Best of luck.
Errors happen in medicine .....it’s the conduct of the agency that disturbs me and for that she may want to see a civil rights lawyer
Under Texas law, doctors are required to report suspected child abuse. The defamation claim would likely be countered with an anti-SLAPP motion (a motion to dismiss because his statement was about a matter of public concern). Under the anti-SLAPP law, she would owe his attorney's fees if she loses. Further, suing an ER doctor for malpractice is extremely difficult as they have added protections under Texas law.
She can still look for a lawyer, but that's a tough case. She should look for lawyers with high Avvo Ratings™ (on this website), high Martindale Hubbell Legal Directory Peer Review Ratings™ (http://lawyers.com), and/or Board Certification in Personal Injury Trial Law from the Texas Board of Legal Specialization (http://tbls.org).
Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services. My Avvo posts are based on limited information provided and are not intended as conclusive legal advice.
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