What Can We Do If Our Newborn Was Given Medicine Against Our Wishes?

Question from Don, What Can We Do If Our Newborn Was Given Medicine Against Our Wishes?

Answer from AI:

First of all, congratulations on the birth of your baby girl! It’s understandable that you are concerned about the medical treatment she received against your wishes. Here are some steps you can take and legal avenues you might consider:

Immediate Steps to Take at the Hospital

1. **Document Everything:**
– Write down the names of the hospital staff involved.
– Note the time and details of the incident.
– Keep a record of any conversations you have with hospital staff regarding the incident.

2. **Request Medical Records:**
– Ask for a copy of your daughter’s medical records, including any consent forms you signed and details of the medication administered.

3. **Speak to Hospital Administration:**
– Request a meeting with the hospital’s patient advocate or ombudsman to discuss your concerns.
– Clearly state that the medication was given against your explicit wishes and ask for an explanation.

4. **File a Formal Complaint:**
– Submit a written complaint to the hospital administration detailing the incident and your concerns.

Legal Avenues to Consider

1. **Informed Consent Laws:**
– In the U.S., medical treatment generally requires informed consent, meaning you should be fully informed about the treatment and give your explicit permission. If this was not followed, the hospital may have violated your rights.
– Refer to state-specific laws on informed consent. For example, California’s Health and Safety Code Section 24172 outlines the requirements for informed consent.

2. **Medical Malpractice:**
– If the administration of the medication caused harm to your daughter, you might have grounds for a medical malpractice claim.
– Medical malpractice laws vary by state, but generally, you would need to prove that the hospital staff deviated from the standard of care and that this deviation caused harm.

3. **Patient Rights:**
– Hospitals are required to respect patient rights, including the right to refuse treatment. The American Hospital Association’s Patient’s Bill of Rights can be a useful reference.

Consulting with a Legal Professional

Given the complexity of medical and legal issues, it is advisable to consult with a legal professional who specializes in medical malpractice or patient rights. They can provide personalized advice based on the specifics of your case and jurisdiction.

Resources for Further Information

– [American Hospital Association’s Patient’s Bill of Rights](https://www.aha.org/other-resources/patient-care-partnership)
– [California Health and Safety Code Section 24172](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=24172)

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to discuss your specific situation and legal options.