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legal question about taking a baby from NICU? (neonatal intensive care unit)?
A few years ago our baby was born and they said he ingested stuff from the womb and they kept him in NICU for 8 days. the last 4 days he wasn't attached to anything. By the 8th day we thought that it looked like they were keeping him to get more Medicare money. There was no other reason. Now fast forward to the present. Our new son was taken to NICU for the same reason. He has been there 5 days. They took him off of everything and say that they want to keep him for a few more days. Here is the question I am getting to. This is OUR kid. Not THEIRS or anyone elses. Can't we just go and take him? We DID NOT say they could take him to NICU. Now, we GREATLY appreciate what they do when he is hooked up to machines, but that stops somewhere along the line. Can't we just go get him? he is ours, you know?
12 Answers
- Anonymous1 decade agoFavorite Answer
You could get him would i no!
been in that situation 6 days ago
I have a 6 day old baby he was born 51/2 weeks early he was taken to the SCBU its the UKS NICU
he was hooked up to wires and a feeding tube for the first 3 days then he was taken off and they were Just watching him
We have free health care in the uk but would i have taken my son even though they were just watching him no i would not
what if something happend if you just took him!
- AstarothLv 71 decade ago
Ok, this is really simple. You have what can only be described as the most valuable thing on the planet. Only someone who has had their child die can truly explain what that feels like and even then, it would be trying to explain the universe to an ant. You can guess what it is like but you cannot truly comprehend it. Now, how much monetary value are you going to put on your child's life. How much are you willing to pay to keep your child alive. If you were to take him whilst he is still "at risk", what are you going to do when he does not wake up? The hospital do not keep a child any longer than they have (NICU places are usually a valuable resource that are used when needed and kept vacant where possible incase there is a need for tehm) Also keeping a child beyond what is necessary would breach it's human rights and would make a hospital liable to be sued, so they don't risk it.
Yes you can take your child but you could face manslaughter charges if things go tragically wrong and a hospital would get an emergency court order to protect the child.
- 1 decade ago
They're keeping your children, off the machines, because they have to make sure that your children are going to be okay without them. You can't just not have working lungs, be put on a machine, and doctor's miraculously know when you're lungs will be okay without a machine. same thing for any machine, any person. That is why. They may also be running more tests because they want to make sure that the ingested stuff is out of his system, and make sure it didn't cause any damage. Doctor's tests can take a couple of days, and if they had found a serious problem and not had enough time to call you guys, and get you back up there, serious complications could occur.
You take them, and something does go wrong, and they don't make it, or are severly hurt, do you honestly want to be in that position?
Source(s): Pre-med Biology major. - NoWayOutLv 61 decade ago
It depends upon where you live.
I actually asked this question on a message board a couple years ago and I was told that in some instances they are required to file a report with Child Protective Services when someone goes against medical advice in regards to their children and that includes taking them from a NICU.
In some instances insurance companies will refuse to pay for a NICU stay if the parents take the babies against medical advice.
I also had some people whose babies were in the NICU get offended at the question.
I am so lucky, even after having twins and a VBAC none of my babies ever required special care. They were home within 3 days of their birth and roomed in with me at the hospital.
Congratulations on the birth of your son. I hope you get to take him home ASAP.
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- N and A's MommaLv 71 decade ago
Do you really want to put your baby's life in danger? Like others have said, they like to see how a baby will do breathing and acting on his/her own before they release him/her. It's just a safety precaution.
I am also not sure why you care about money since it sounds like you're not paying for anything. Things are taken pretty seriously in the NICU. They don't keep babies "just because". They have to ensure the baby is fine without being on all the machines. Unfortunately too many people are sue happy with doctors so they have to cover all their bases before releasing a baby. I'd rather it be that way, though, then them not caring at all.
- MommylhLv 41 decade ago
Why not just ask why they are keeping him? Even though he is not hooked up to anything, they do like to keep them for observation for a few days to be sure everything is okay. Sometimes they think they are ready to go home and something happens and they need to run a test, or hook them up to something etc...it happens. I am sure you want to take your baby home; however, I would wait until the Dr's are sure that everything is okay. How bad would you feel if you go in there, take him home and get home only for something to happen and cannot get help in time because you are not in the hospital.
I HIGHLY doubt they are keeping him there for more money. Hospitals are so busy, if it wasn't your baby it would be someone elses.
Just ask, they will tell you why, and if you don't like the response, question it! But also be thankful that we have access to the care that we do.
- 1 decade ago
our daughter was in the NICU for the same reason. she too was not hooked up to anything the last few days but they needed to keep her because they were still giving her antibiotics. some antibiotics need to be given for 7 to 10 days. they also needed to be sure that she could handel not being hooked up to the machines. for the health of your child let them keep him for a few more days. i don't know how bad you child is but mine almost died. if it wasn't for the doctors and nurses in the NICU she wouldn't be alive now.
- Anonymous1 decade ago
They can get a judicial injunction to keep the baby there for its own protection. Then good luck getting your baby back.
Listen to the doctors.. just because a baby isn't hooked up to anything doesn't mean there aren't still many concerns and problems your baby may have.
I'm assuming you meant Medicaid instead of Medicare -- but if Medicaid is paying for it what do you care about the money? You should be concerned for your child. Incidentally, you need to get over yourself and realize your baby needs help now.
- ?Lv 51 decade ago
AHHHH! NO! If your child's life could be in danger, they could have the state step in. Try to talk to them about supplying a baby monitor or just keep him in your room with you. But to tell the truth I would rather be safe and let them monitor him for the time they ask. Congratulations on the baby, but please be safe. I know it's hard to be away from your newborn but it's better a little while now then-----well you know--losing him for ever. Good luck. Of course you could be belligerent enough to where they release him just to get rid of you. Once again Good luck but I'm suret hey have good reason.
- 1 decade ago
The reason they keep him for a few days after he is taken off the machines is to make sure he can tolerate it. I have seen babies taken off the machines, only to go into respiratory distress a few days later... then they go back on machines. Trust me it isnt to get money, it is for the well being of your baby.
Source(s): nurse