If my child was born with marijuana in his system, shouldn’t the hospital have called Child Protective Services before they let him go home ?

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If my child was born with marijuana in his system, shouldn’t the hospital have called Child Protective Services before they let him go home ?

Asked on October 25, 2011 under Malpractice Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Whether or not a hospital was required to test a newborn child suspected of having cannibus in his or her system depends upon the protocol of the hospital and whether there were any objective signs of a controlled substance in the child's system necessitating blood testing.

 If you are the parent of the newborn that supposedly had marijuana in his or her blood system and are the natural mother of the child, then the only way the child could have had traces of marijuana in its system would have been as a result of you smoking marijuana.

If you are the father of the newborn child that supposedly had marijuana in its system when born, did you advise medical personnel of your suspicision that the child's mother was smoking marijuana late into her pregnancy?


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