Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
What is your opinion?
Douglas Kennedy, should he be charged or not?
Let's state some things real quick.
Hospital policy - policy created to limit liability for being sued. Not a law.
Supreme court on parental rights - Quilloin v. Walcott (We have recognized on many occasions that the relationship between parent and child is Constitutionally protected)
And many other cases that say that until a person is #1 informed of a charge, #2 had a chance to prove his innocence, #3 judgment issued to remove parental rights. That it is the right of the parent to make any and all decisions relating to the "destiny of their children."
So I guess my question is, that regardless of the logical reasoning of the hospital policy, does it trump the rights of the parents? (P.S. I know the answer to this question is a huge resounding NO. The charges will be dropped against Kennedy, and if he so chooses to sue the nurses they will settle out of court because they'll probably, and rightfully so, lose. But I want to see what you have to say.)
@ little 78 - You can sue the hospital even if they are not liable. But that doesn't mean that they are liable for anything that happens when you are in their care, (care not CUSTODY). No matter what you go to court for, you have to prove that the "actions of the defendant" are 51% of the reason that an injury occured. So if you made the decision to leave or just go outside and the hospital didn't have any part in that decision, they are not liable even 1%. An AMA form is a CONTRACT stating that you agree that the hospital is not liable. Can anyone in the world MAKE you sign a CONTRACT? No, So you do not HAVE to sign a FORCED CONTRACT UNDER DURESS because the hospital doesn't want to get sued. PERIOD. Also you or your child is thier CARE, not thier CUSTODY, which means they cannot FORCE you to do anything. No matter how logically you present it. Your argument, no matter how EMOTIONALLY attached you are to that thought process #1 holds no water and #2 is i
illegal in so many ways it's not funny.
Emotionally argue with that logic. Logic trumps emotion everytime.
2 Answers
- BonnieLv 69 years agoFavorite Answer
Litttle whoever does not know what she is talking about. We are the consumers in the hospital, and unless they have called social services to intervene for some reason, you don't have to be discharged to leave the hospital. Nobody can "make you stay" at the hospital. It is not friggin jail. I have personally gotten sick of waiting for a nurse at the ER to come and take my IV out and discharge me that I took the thing out myself, cleaned it with alcohol and put a band aide on it and walked out. And yes, the nurses were not happy as I was leaving, but I was done there. You can take your baby outside if you are at the hospital and take the baby home whenever you want to. If the hospital staff has concern that you should not have left, they call social services and the proper authorities take care of the situation. Not wanna be military police hospital personnel.
- little78luckyLv 79 years ago
Until a baby is DISCHARGED they are under the care of the hospital. If parents want to take their baby out of the hospital they must first get him/her discharged! either willingly or ama (against medical adivice) Barring that parents have NO RIGHT to remove their baby from the hospital. Believe it that if ANYTHING happened to a baby "prior to discharge" the hospital would be liable.
