Legal Question in Criminal Law in Ohio

Oh my, this is a difficult question indeed. I would venture that the doctor breached doctor/patient confidentiality and also the HIPAA while you were pregnant. After birth I am not so sure. The doctor has a duty to the infant to keep this infant well and it could be argued that THC in the infant's blood is something that should be tested in light of your drug use history.

Moreover, reporting to child services may be indicated if the newborn tested positive. You very well could have put your child's health and welfare at risk. Which begs the ultimate issue, you are not supposed to be smoking ANYTHING when you are pregnant. This is well-known. You have what we call in the legal business, "unclean hands" which can be used as a defense if you were to sue the doctor for violating HIPAA.