Legal Question in Criminal Law in Texas

If a mother is asked by her child's pediatrician to reveal the name of all medications being taken while breast feeding her newborn child and she does not answer the question at all, is she guilty of child endangerment? Is the doctor also responsible if she does not report this information? The mother is under investigation by Children's Protective Services and the doctor is aware of this situation. How can someone who witnessed the exchange report the incident in order to protect the child?


Asked on 1/12/11, 1:26 pm

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, there are certain rules and regulations which may protect patient and doctor communications. Additionally, there are certain rules and regulations which may require a doctor to disclose aspects to authorities if a child is in danger. If CPS has initiated an investigation, it sounds like to mother may want to obtain representation to ensure that her rights and her child's rights and interests are fully protected. Remember that CPS is out there to allegedly "protect" the child, but will always error on the side of caution in a questionable situation.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 1/17/11, 1:34 pm


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