My son and his ex share 50/50% legal custody of their children. Does the Dr.have to keep both parents informed?

Last year my 1 y.o. grandson ended up in critical care because mom refused to listen to dad about their son's illness. My son took the baby to the ER. He was diagnosed with RSV, asthma and bronchitis and admitted to the hospital for 1 week, 3 of those days in critical care. We almost lost him.

The child is sick again and the doctor (that mom uses) refuses to call my son back with medical information regarding his illness. She claims it's "just a virus" but that's what she said last time and that did not turn out well. Last Wednesday during visitation my son took the baby to another doctor for a 2nd opinion. This doctor wants him on antibiotics since he does not seem to be getting better. Mom refuses to give the child his meds and dad is scared to death this is going to be another life-threatening issue. Anyone know what the doctors obligation is? Please, don't be rude. There's enough of that in our life.


I appreciate your answers. I agree that more than one doctor can be dangerous but when a child is misdiagnosed and mom continues to to take the child back to that doctor (who has lost credibility), SOMEONE has to make sure this baby gets the proper treatment. Thank you for your insightful answers.

Update 2:

My son has made sure the 'other' doctor has received every single note and recommendation (faxed AND sent registered mail) his pediatrician has made, however they have never been acknowledged. I have a phone call in to the attorney who said the doctor must follow the court order and share information. I'm guessing it's going to get uglier before it gets better.

5 Answers

  • Favorite Answer

    If the dad informs the doctor that he wants to be kept informed, the doctor would have to do so. That seems to be a different question. As you explain the situation, the parents have EACH taken the child to a different doctor? That is EXTREMELY dangerous, since the two doctors could be prescribing a different course of action.

    He needs to sit down with doctor #1 and have an explanation given on what is happening, and have some input into the treatment. Throwing competing doctors at the kid is NOT the right way to go. Second opinion, yes, but only one doctor can treat a patient. It's better if that is the doctor who is most familiar with the child.

  • 1 decade ago

    I agree in part with the other two answers, having two physicians in dangerous, each treating different illnesses.

    While a Medical POA would be wonderful, they can't agree on which doctor they want to treat the child, I don't see either of them relinquishing control.

    I suggest your son start by producing a copy of the custody agreement to the ex wife's physician, it should have provisions in it for medical care etc. If that fails to release the information, it may be time for the attorney to get involved again.

  • 1 decade ago

    The dr is not obligated to go out of their way to share information, but if he returns your son's call if your son has a court order giving him full access to medical information then the Dr. has to comply.

    However, it sounds to me like your son needs to take more immediate action. I would file a child in need motion, ex parte and get this rushed through the courts if the child has an immediate illness that is not being treated. Your son should file for custody.

    come join us at dad's house and we can all give you advice.

  • Erika
    Lv 4
    4 years ago

    Save all of your receipts for the whole lot. If he wishes you to pay baby aid he will need to take you to court docket. BUT then the court docket will come to a decision the visitation rights and who will get to maintain the baby. The winner will get the baby and will get the cash. When you pass to court docket maintain the receipts and exhibit them in order that if he continues the baby he is gonna try to argue that he merits baby aid from the day you men seperated. Your receipts will then come and aid you out. If you win, you MIGHT be ready to get him to pay part of the costs - perhaps.

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  • 1 decade ago

    I suggest that in addition to working out the legal custody arrangement, the two of them negotiate a medical power of attorney agreement that stipulates ONE of them as the primary decision-maker with respect to medical issues. If your son wants that role, then he should initiate the motion in court.

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