Legal Question in Family Law in New York

Re: medical treatment of minor without custodial parent consent

You don't have any cause of action. This is about your daughter. There is likely no cause of action unless you can prove that the girlfreind knew that there was a potential problem and that she took action anyway. Such as if your daughter was known to the girlfreind to be sensitive to to certain medications or had known a medical condition.

Medical treatment of a child usually requires permission of a parent or legal guardian. Any parent will do as long as parental rights have not been legally severed. Even then such a person would suffice where another person was unknown or unavailable. And even in that abscence treament personnel may act to save the life or prevent greater harm to a child.

I would also question why this happend at all since if you were aware of this potential condition and you did not inform the girl's father of the potential condition.

If your daughter's condition could have been determined easily before treatment then your daughter may have a claim against the treating personnel. Such as if there were a quick and simple test which was ignored or if your daughter had a medical alert bracelet or necklace.

You have my most sincere wishes that your daughter fully recovers. In the future, please be certain that your daughter's father has a complete medical history of your daughetr available to him. And while I know it is hard, be thankful that your daughter has her father and anyone he cares about to be concerned about her.

If this matter happened in Pennsylvania I would be open to discussing it further.

Regards and best wishes,

Roger Traversa

email: [email protected]

Re: medical treatment of minor without custodial parent consent

What would you have preferred? If your ex and his girlfriend had not sought medical attention for your daughter? They didn't intentionally harm her and assuming the father didn't know about the condition they acted as could be expected under the circumstances. Let this go.

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