Legal Question in Family Law in Florida
medical neglect
my rights were terminated to my kids because they charged me with medical neglect for my son who has down syndrome come to find out he has a bacteria that is causing his symptoms that the doctors overlooked i recently started seeing a new doctor and he did test and found this bacteria this condition he has caused them to take my kids from me please help
2 Answers from Attorneys
Re: medical neglect
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I am not sure what you are asking. If you failed to have the children treated medically when necessary, then the court's actions may be correct. If you believe that the court made an error, then you can request a rehearing although without sufficient facts to prove your request, the court may deny any hearing.
Scott R. Jay, Esq.
Re: medical neglect
Medical neglect is a legitimate basis for terminating parental rights. However, Downs Syndrome is a genetic condition which would have been identified before birth, at birth, or very soon thereafter.
Please answer the following questions which will help me understand your situation a bit better.
What is your child's date of birth?
When was he diagnosed with Downs?
When was he diagnosed with the bacterial infection?
What was the alleged "medical neglect" -- what treatment do they say you failed to provide?
Was your child declared "dependent," or has a judgment been entered terminating your parental rights (TPR)?
When was the TPR judgment or dependency order entered?