Parish, NY asked in Civil Rights, Communications Law and Health Care Law for New York

Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

3 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to the doctor, ask if house calls are possible, or look into medical providers that might offer house calls. But your concerns with cold weather are valid, and the ultimate decision in finding the best solution would be yours to make. You could consult with other attorneys - every attorney could see things differently. Good luck

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: it is important to note that proving negligence can be difficult. You will need to be able to show that the doctors' actions were unreasonable and that they caused harm to your child. You will also need to be able to prove that your child would not have been harmed if the doctors had not been negligent.

James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your challenging situation. It's important to approach this issue with a clear understanding of the legal aspects and practical considerations involved. Here are some points to consider:

Standard of Care in Healthcare: In healthcare law, the focus is often on whether the medical professionals are providing a standard of care that meets the medical community's norms. If a healthcare provider's actions or advice significantly deviate from standard practices in a way that could cause harm, it might be a basis for a malpractice claim.

Necessity of Medical Visits: Determining whether the frequent visits to the doctor are medically necessary is important. If these visits are essential for monitoring or treating a condition your newborn has, the doctors might argue that the benefits of these visits outweigh the risks of exposure to cold weather.

Communication with Healthcare Providers: It's crucial to communicate your concerns directly to the healthcare providers. They might not be fully aware of your circumstances or the difficulties you face in bringing your child to the clinic. They may offer alternative solutions, such as spacing out visits, telemedicine consultations, or providing guidance on how to safely transport your child in cold weather.

Legal Basis for a Lawsuit: To successfully sue for malpractice or negligence, you would typically need to prove that the healthcare provider's actions were a deviation from standard medical practice and that this deviation directly caused harm to your child. Discomfort or inconvenience, while significant, may not meet the legal threshold for malpractice.

Consultation with a Lawyer: Before considering legal action, it would be advisable to consult with a lawyer who specializes in healthcare law or malpractice. They can provide specific advice based on the details of your situation, including whether you have a viable case and how to proceed.

Documentation: Keep detailed records of all communications with the healthcare providers, including their instructions regarding the frequency of visits and any concerns you have raised.

Alternative Healthcare Options: Consider seeking a second opinion or alternative healthcare providers who might offer a different approach to your child's care that could reduce the frequency of visits.

In summary, while your frustration and concerns are valid, legal action requires specific criteria to be met, such as proof of negligence or harm caused by deviation from standard medical care. Communication with your healthcare providers and legal consultation are key steps in addressing your concerns effectively.

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