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Law Offices Of David Bliven
Law Offices Of David Bliven
  • White Plains Office 19 Court Street
    Suite 206
    White Plains, NY 10601
  • Bronx Office 3190 Riverdale Avenue
    Suite 1
    Bronx, NY 10463

Can I Sue A Hospital For Calling CPS And Falsely Accusing Me Of Child Neglect And Abuse?

  • By: David Bliven, Esq.
  • Published: January 25, 2017

Q: My son was not feeling good and was shivering had slight fever and I have him some Moltrin as if the hospital would be started shivering a little more so I decided to bring him to hospital he walked down my 45 stairs got in the car and I drive to hospital. When he got to emergency room doors my son collapsed and started having a Seizure he couldn’t move so I screamed he needs a wheelchair hurry up my son is having a Seizure. Afterwards my son couldn’t talk or move much. They ended up calling CPS. My son had no bruises, no damage to head, and nothing in his blood. He got transferred to a children’s hospital where CPS met me there and 6 days later the hospital ran blood tests, urine tests, EEG tests and couldn’t find anything. We were cleared to go home. They said he could’ve caught a Seizure from a high fever. It’s there a way I can sure the first hospital for falsely accusing me. I am always with my kids and I am very offended that I am accused of this and I want to clear my name.

A: David’s Answer: Many more facts would be necessary to properly assess the case. For instance, whether from the Hospital’s perspective what they believed you did or didn’t do which may have constituted “child abuse.” Only if there was no objective basis to call in the report & thus bad faith was used in calling in the report would you have any shot. Schedule a consult with a Westchester Child Abuse defense attorney for a full assessment.

David Bliven, Esq.

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