Penny - I think this calls for a 'legal answer'.  Mothers who disregard
their doctor's advice can (not always, mind you, but CAN) be reported to the
social service agency.  When it comes to newborns, refusing to follow the
advice of the doctors in the hospitals, is a very touchy thing.  I have seen
SSA put babies in foster care, or under their supervision pending the
hospital stay, if they are concerned that the baby could be at risk and the
mother isn't following advice.

As a lawyer, I can see both sides.  On one hand, we are supposed to be
making decisions ourselves, and our doctors are supposed to give advice, not
tell us what to do.  Same with lawyers.  We hire them, they don't hire us.
But, when a mother refuses to follow the advice of the medical personnel she
hires, it raises a question as to what she will do next, or what effect it
can have on the baby.  A case worker is only looking at the best interests
of the baby, and if a doctor or hospital reports a mother, they are not only
going to be concerned, but have to look closely at what is going on.  Now,
lets use common sense here.  A medical professional says something is
dangerous to the baby.  The mother says it isn't.  Which has more weight?????

When a mother disagrees with her doctor's (or lawyer's) advice, it is
important that she try to reach an understanding first (educate with
materials on the point), and if that is impossible, to find other
professionals that agree with the mother that can take over the case.

I had a case a few years ago where two well educated and employed parents
checked their baby out of the hospital AMA.  The doctor was late to show up,
and they felt it was just a mere formality to wait.  Unfortunately, the baby
stopped breathing when they were home.  They did CPR on the baby while
calling 911, and everything was fine.  But when they returned to the
hospital (upon doctor's order to check out baby again) SSA intervened.  They
were finally able to resolve it by picking a ped. that they could trust,
agree to follow his advice, and agree to a psych. eval. (a person of their
own choosing) to make sure they weren't neglectful, dangerous parents.

What could they have done differently?  When they checked out AMA, they
should have gone straight to another health professional.  If SSA thinks
that you won't follow your own doctor's advice, or are going to treat your
child yourself, then you are in big trouble.

I'm not trying to defend the system - SSA are in a state of crisis all over
the US - overworked, underpaid, babies dying and being killed all over the
place... but no one has come up with a better solution yet. Don't think your
idea was naive - otherwise I'd have to say that the majority of us are naive!

Elizabeth N. Baldwin,  Esq.
Phone:  305-944-9100  Home office:  305-940-7873
Fax:  305-949-9029
E-mail:  [log in to unmask]    or    [log in to unmask]
Attorney specializing in breastfeeding and the law; Leader
Internet Communications of America, Inc.