Legal Question in Family Law in New York

Pediatrician's misconduct

My daughter was taken to her pediatricians office along with a friend of my ex wife. I understand that the Doctor examined my daughter without any parent being present, can the Doctor do this? Also, the Doctor took my daughters cell phone away from here and proceeded to remove the battery, accusing my daughter of tape recording her via the cell phone. Is this not ethical? Is this not legal? Please advise. I had always thought that a parent MUST always be present when a Physician is examining a minor. Tell me if this is correct. Thank you so much for your help.

--name removed--

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Asked on 5/19/04, 7:56 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Pediatrician's misconduct

A parent need not be present if permission for the examination has been properly given by the custodial parent.

Presumably, Your Ex Wife made the arrangements to have someone take your daughter taken to see the doctor; and scheduled the appointment. If that is the case, it appears you should ask your Ex the purpose, nature and circumstances of the visit, rather than speculating.

You might also ask your EX whether you can take your daughter in the future, for whatever appointments or other activities your daughter may have, whenever she might not be available, should it be necessary.

Please note, cell phones and other similiar electronic equipment are often taken away if brought into medical facilities (and other public spaces), if Used or Not turned OFF after A Warning.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 5/19/04, 11:57 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Pediatrician's misconduct

There is no legal requirment for a parent to be present when a doctor examines a minor, however it is good policy. While most doctors would ask their patient's to turn off cell phones (and other electronic equipment) when being treated, if the behavior you describe as far as the doctor removing the batteries is accurate, the behavior is bizarre. If you are not comfortable with your daughter's treatment perhaps it is time to arrange a meeting with your ex-wife about finding another doctor for future visits. Also if you are uncomfortable with your ex letting a friend take your daughter to the doctor, perhaps you could arrange your schedule so that you can make necessary medical visits with your daughter.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/20/04, 9:29 am


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