Legal Question in Medical Malpractice in Ohio

Is it legal for a hospital to keep a newborn, but discharge a mother. I only ask this as we live far away from that hospital due to high-risk pregnancy. The hospital wants to discharge the mother, and we cannot afford to travel back and forth as we please. The baby is mere days to be released as he was born at 35 and a half weeks. The mother did stay for 96 hours after an emergency c-section.


Asked on 3/12/11, 9:57 am

1 Answer from Attorneys
Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

If the newborn has not met discharge criteria that it is entirely appropriate to keep the newborn and in fact would be negligent to discharge the newborn. If mom is ok and meets discharge criteria then it is entirely appropriate to discharge. The hospital usually will make reasonable accomodations for the mom when the baby has to stay but that is more of a business decision then a legal decision.

Howard Mishkind

Mishkind Law Firm

216-595-1900

www.mishkindlaw.com

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Answered on 3/12/11, 1:29 pm


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