Legal Question in Civil Rights Law in Iowa

my wife just recently when to the doc for a pap smear and took my daughter with her

who made a cold the doctor listed to my daughter ( 5 years ) said she had a heart murmur and wanted to do echo cardiogram ( 1000) as this doctor is what i would describe as a quack mom ( she was there to ) said we would take her to d different doc for 2ND

opinion a few days go by and the nurse calls and say i have to apply for title 19

for legal reasons ( process of immigration for my wife ) i cant apply for any of the state

heath ins or title 19 the clinic knows this or i have to come up with 1000 dollar

i told they we where getting a 2ND option and hung up 2 days later we final got in to see

a good doc he say there's no murmur and no reason to put my kid through the stress

of the test 2 more days past other call from mercy clinic says that if we did not file

for title 19 or pay the 1000 dollar they would call DHS we told them we had a 2nd option

and no murmur found a few hours later DHS show up at my house and scared my wife

so bad we had to take to the Mercy room ( thought was heart attack )

as i am i collage now i told class about what happen my instructor said that it

was a violation of civil rights i would like help find a lawyer and knowing what i can

sue them for and if a can sue the DHS worker too thanks

and was this a violation of civil rights and can i press criminal charges

this is in iowa


Asked on 6/21/10, 9:26 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

You were the victim of a shakedown that backfired because you were smart enough to see through it.

If a report is filed with DHS they have to investigate and turn in a report within 20 days so you're not going to get any traction there-they're compelled by law to do what they did.

As far as the attempted shakedown and threats are concerned I suggest you report it to the police in your city and also contact the attorney general's office and the physician's licensing people in state government. You could maybe sue them but doctors can afford more and better lawyers than you or I can and your chances are not good there.

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Answered on 6/22/10, 5:43 am


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