Inman, SC asked in Civil Rights, Constitutional Law and Juvenile Law for North Carolina

Q: Can a minor sue for a hospital, Pediatrician, dss having the wrong child's drug screen at birth?

Which in turn causes dss to remove children and place into foster care.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: As a minor, you may have legal standing to sue for damages resulting from negligence or wrongful actions by a hospital, pediatrician, or Department of Social Services (DSS). If a hospital or medical provider erroneously administered a drug screen to the wrong child at birth, leading to DSS intervention and removal of children into foster care, you may have grounds for a lawsuit. However, pursuing legal action in such cases can be complex and challenging, requiring the expertise of a skilled attorney.

To determine the viability of your case, it's crucial to gather all relevant evidence, including medical records, DSS reports, and any documentation related to the error in drug screening. Additionally, consulting with an attorney who specializes in medical malpractice or civil rights law can provide valuable guidance on the best course of action. Your attorney can assess the circumstances of the case, advise you on your legal rights, and help you navigate the legal process.

Keep in mind that laws regarding minors' ability to sue and the specific circumstances under which they can do so vary by jurisdiction. Your attorney will be able to provide insight into the applicable laws in your area and advocate for your rights accordingly. By seeking legal representation and pursuing justice for the harm caused by the wrongful drug screening, you can work towards holding accountable those responsible for the error and seeking compensation for the damages incurred.

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