I am looking for the law on taking children to the hospital?? please help?

Question

My friend was baby sitting. He was going to take a child in to the hospital because he was sick. The doctor and hospital said no he couldn't because he was not the father. I am looking for this law in California. I mean if a child is sick why would they take him in? does anyone know where to find this law . God bless Anthony

Answer 1

A hospital MUST evaluate and give necessary basic medical treatment to an emergency case brought in to them REGARDLESS of who brings the case in, and whether it's a child or adult.

Now, if the case doesn't meet the definition of an emergency, they won't treat a minor without a parents permission.

This is a good lesson for anyone who babysits, OR who hires babysitters. A babysitter should ALWAYS be given a medical power of attorney over the child before being left with him.

It doesn't need to be anything fancy, just a piece of paper that says "I authorize John Doe to approve necessary medical treatment for my son William Smith as necessary, and agree to be responsible for any medical costs incurred." that's signed by at least one parent. (Both is better)

If you trust someone enough to leave them alone with your kid, you have to trust them enough to get medical care for the kid if necessary, and if they have trouble reaching you.

Richard

Answer 2

The definitive factor is whether the treatment is emergent - true emergency. Unless the condition is life threatening and failing to treat could cause the child's death an ER or doctor's office isn't going to touch that child with a ten foot pole. You cannot treat a minor child without parental consent except for a few limited instances that vary by state (generally related to pregnancy, birth control, and sexual activity).

Any time you plan on caring for a child where the parents are more than 1 hour away or not accessible by phone it is wise to have a treatment consent form signed so that care be rendered.

I would always check with the parent before ever taking a child to the emergency room -- sometimes what the babysitter thinks is an emergency and what is actually an emergency are too very, very different things.

Answer 3

Unless it is in writing, only the legal guardian can make medical decisions (yes, even doc appointments). In the future your friend needs to have a signed release from the kid's parents. That way, in an emergency the child can be helped.

Not sure where the main law is, but there are notes to it in the HIPAA law.

Answer 4

You have to give consent in writing for someone else to admit you child to the ER. Only the guardian is liable for the fee incurred from treatment. A friend cant sign saying that you will pay the bills. Only you can say that.

Answer 5

they can not administer any medical treatment with out parental consent. Sorry, but to protect your child you can get a limited power of attorney that designated this person as a temporary guardian for the administration of medical car. You really need to see an attorney if you decide you may want to do this.

Answer 6

I don't know if it is a law, are you sure it is just not hospital policy?

I could be wrong

Answer 7

CALL THE CMA CALIFORNIA MEDICAL ASSOCIATION
916-444-5532