Injury/Medical Malpractice

[jp6718]

Jurisdiction

Maryland

My husband and I adopted a baby in Modesto, CA in 2000. She was adopted from the largest adoption agency in the world. We paid a premium for "non special needs". We were matched with a baby girl, born exposed to Methamphetamine. We were told, "Methamphetamine does not produce any long term ramifications". We moved home to Potomac, MD. 18 months later we received a call from Bethany Christian Srvs. and told our daughter had a biological sister in the hospital. Parental rights were terminated b/c she was born addicted to Meth. Social Services asked us if we would adopt and raise the girls together. Both adoption agency and SS told us, "No special needs" girls will be fine.

2 years post adoption we received a random letter from SS. They had done an investigation and found out the birthparents had given birth to 10 meth addicted babies. The babies had 0 prenatal care, the parents were hard core drug addicts and used throughout the pregnancy. We were told, the babies should be fine.

EVery doctor I have been to since birth I have given then a copy of the report. Not 1 doctor ever mentioned, adoption subsidies, special needs, etc. At age 8, I began researching, as my older daughter began exhibiting LD and other symptoms. I found out about County adoption subsidies for babies born addicted to drugs. Montgomery County MD immediately granted us a 750/mo subsidy. They never told us about any other services. Today, my 16 year old daughter is not attending school. She was hospitalized last month at Dominion Hospital for suicide attempt. I asked the psychiatrist to PLEASE examine DSMV ND-FASD diagnosis (FAS). I was ignored. Last month I found a doctor that specializes in FAS. My daughter now has a 17 page diagnostic evaluation indicating moderate/severe FAS. STat. of limitations is waived I heard for FAS babies. Do I have a case against Dominion Hospital?

 

[adjusterjack]

Do I have a case against Dominion Hospital?

For what?

Dominion Hospital didn't cause your daughter to attempt suicide.

At worst, it's responsible for a one month delay in the FAS diagnosis.

You have no case unless you can show that the one month delay caused substantial harm to your daughter. I don't see it. But you are welcome to consult a medical malpractice attorney and review your options.

 

[jp6718]

For what?

Dominion Hospital didn't cause your daughter to attempt suicide.

At worst, it's responsible for a one month delay in the FAS diagnosis.

.

 

[jp6718]

I am going to post a segment of a letter from CA attorney general, and a law referring to prenatal methamphetamine exposure.

 

[army judge]

I am going to post a segment of a letter from CA attorney general, and a law referring to prenatal methamphetamine exposure.

Why not take the letter, as well as any other alleged proof to a couple local attorneys?

Most attorneys will review your alleged case free of charge and further obligation.

Why waste time with the horse's south end, if you can talk to his north end?

You have a very emotional and complex issue.
The Internet can't do much for you, except to advise you to consult licensed attorneys in your jurisdiction.

If things are as you suspect, this wont be a DIY effort anyway.

I do pray your child recovers.
I'm sure her health is paramount in your thoughts and efforts.

Good luck.

 

[jp6718]

I am going to post a segment of a letter from CA attorney general, and a law referring to prenatal methamphetamine exposure.

Substance Exposed Infants: States Response to Problem (www.samhsa.gov)


The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify child protective services (CPS) agencies of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or having withdrawal symptoms resulting from prenatal drug exposure.


Some States specify in their statutes the response the CPS agency must make to reports of SENs. California, Maryland, Minnesota, Missouri, Nevada, Pennsylvania, and the District of Columbia require the agency to complete an assessment of needs for the infant and for the infant's family and to make a referral to appropriate services.


Maryland and California consider prenatal substance exposure as Child Abuse…..of which there are a whole other group of legal implications.


Given this information:

1) The hospital, and adoption agency had a legal obligation to report the methamphetamine exposure and assign a team of doctors to our daughter. EARLY INTERVENTION IS CRITCIAL.

2) Every year going forward she has seen a variety of specialists, all of whom were told about the prenatal methamphetamine exposure. I asked each doctor about:

a. Reporting requirements,

b. Post adoption services for prenatal exposed infants,


None of the doctors were familiar with the legislation. In 2009, Montgomery County, Maryland, office of Adoption and Social Services labeled her an "at risk" child. However, they failed to let us know about the services mandated by laws that she was entitled to.


In 2013, The Montgomery County Public School Board determined she had severe anxiety, she was "self harming" and suggested we seek services for her anxiety and self harm.


She has finally been appropriately diagnosed. This is after us spending over $700K out of pocket for mental health services over 15 tears. She will need services the rest of her life. The doctor I am working with is a world renown doctor, she said, "the reason the doctors did not diagnose her earlier, is they are not taught about FAS in medical school". She said emphatically, "This is medical malpractice, and child abuse". She is an active participant in every FAS organization, and believes someone needs to initiate a class action law suit b/c of the severe negligence on hospitals, schools, and doctors' behalf.

Given this information, any feedback would be appreciated.

 

[army judge]

Substance Exposed Infants: States Response to Problem (www.samhsa.gov)


The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify child protective services (CPS) agencies of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or having withdrawal symptoms resulting from prenatal drug exposure.


Some States specify in their statutes the response the CPS agency must make to reports of SENs. California, Maryland, Minnesota, Missouri, Nevada, Pennsylvania, and the District of Columbia require the agency to complete an assessment of needs for the infant and for the infant's family and to make a referral to appropriate services.


Maryland and California consider prenatal substance exposure as Child Abuse…..of which there are a whole other group of legal implications.


Given this information:

1) The hospital, and adoption agency had a legal obligation to report the methamphetamine exposure and assign a team of doctors to our daughter. EARLY INTERVENTION IS CRITCIAL.

2) Every year going forward she has seen a variety of specialists, all of whom were told about the prenatal methamphetamine exposure. I asked each doctor about:

a. Reporting requirements,

b. Post adoption services for prenatal exposed infants,


None of the doctors were familiar with the legislation. In 2009, Montgomery County, Maryland, office of Adoption and Social Services labeled her an "at risk" child. However, they failed to let us know about the services mandated by laws that she was entitled to.


In 2013, The Montgomery County Public School Board determined she had severe anxiety, she was "self harming" and suggested we seek services for her anxiety and self harm.


She has finally been appropriately diagnosed. This is after us spending over $700K out of pocket for mental health services over 15 tears. She will need services the rest of her life. The doctor I am working with is a world renown doctor, she said, "the reason the doctors did not diagnose her earlier, is they are not taught about FAS in medical school". She said emphatically, "This is medical malpractice, and child abuse". She is an active participant in every FAS organization, and believes someone needs to initiate a class action law suit b/c of the severe negligence on hospitals, schools, and doctors' behalf.

Given this information, any feedback would be appreciated.

We've done all we can.
You need to see a lawyer for more specific advice.
Again, we wish you well.

 

[ElleMD]

At the time of the adoptions you were apparently told of the addiction status of the parents and chose to go through with the adoption. I dearly hope you never told your children that you paid extra for a child without disabilities. I can't even the fathom the devastation it would cause a child to learn her parents only wanted her if she was "perfect" and disability free. Learning disabilities and many, many other disabilities do not appear at birth. In fact, most do not. No one can ever guarantee a child will never develop a disability. Perfectly healthy parents who never touched an illegal substance and ate all organic foods still have children who develop disabilities.

I am not sure why you think your doctor should have advised you about or even know about adoption subsidies. They aren't social services. I have no idea why your daughter attempted suicide but dear lord, if you have an emotionally fragile child, I beg of you to think what trying to sue anybody because of the way she turned out or something about her which is beyond her control would do to her and her sister. Focus on keeping your daughter alive and worry about finger pointing and the blame game later and never in front of her.

I'm not sure about CA's law but in MD, the law protects children born to and being raised by the alcohol user, not babies adopted elsewhere.