Legal Question in Family Law in North Carolina

CPS and medical problem

Recently I took my 10 week old son to the doctor as his head size was increasing and it took a few visits to diagnose that he had skull fractures and as soon as the doctor discovered this he immediately called DSS and reported that an abuse had taken place. We know for sure that there was no abuse but no one will believe us as we discovered that my son has other fractures of the ribs and collarbones and we now believe that he has brittle bones and the doctor said he did not have it but we learned then that it takes 6-8 weeks for results to come through and my son was taken from my custody and we plan on taking him to be tested for this disease as he shows some other syptoms. My question is, if we find that he does have something wrong with his bones and that no abuse occurred, is there any way we can bring upon a lawsuit against the DSS and the doctor? Also, myself and my husband are deaf and in all those visits, we were never provided with an interpreter and all communication was on notes.


Asked on 11/03/00, 9:41 am

1 Answer from Attorneys

Donald Gillespie Attorney at Law

Re: CPS and medical problem

In NC the health care provider is required under state statute to report

cases of suspected abuse. So are teachers, day care workers, even lawyers.

The statute also holds harmless any of those people who, in good faith, comply

with the law by making such a report.

The DSS must investigate and decide whether to take a petition alleging

neglect or abuse of the child. You will be

assigned an attorney by the court at that time.

In fact, your husband may be assigned a different

lawyer, unless there is no question but what

you both have a single position and neither spouse

is suggesting as a defense that the other spouse is the

potential abuser.

Unexplained injuries cause you a big problem with the DSS

Generally I suggest that you deal with the people openly.

Invite them to make announced and unannounced visits to

your home. Make damn sure there are no drugs, and it's a goo

idea not even to have a beer in your refrigerator

for the time being.

At this point it will be hard for you not to get a real attitude

toward the meddlesome , holier than thou, middle class, bureacrats of

the DSS, but you cannot appear anything other than genuinely

concerned.

If you have financial means, get a specialist working on the brittle bone

question now.

Read more
Answered on 11/17/00, 5:30 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in North Carolina