Babies: 0 - 3 Months

How would you react?

Friends of my mine had a baby earlier for this week. The mother's blood test came back positive for cocaine. The baby was taken into protective services. Less then 24 hours later they found that it was a mistake and the baby was back with his parents.

The father has contacted a lawyer for legal advice and what they can do next. My DH works at the hospital and said they did what was in the best interest of child at the time and they won't have much of a case against the hospital. I know I would be very pissed off (and that's an understatement of how upset I would be) and he would be too if we were in their shoes. My DH acted as if it wasn't that big of a deal, and it really bothered me.

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Re: How would you react?

  • shi*t would hit the fan if this happened to me. Not only did they take away her child because of a MISTAKE on thier part, but they also made her seem like a druggy to her husband and family?? I would be pisssed.
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  • Honestly, I am glad it happened. I HATE that it happened as a mistake and really feel for the family. BUT I think it is good to know that when there is a really situation like that, the child is taken out of it.
  • The only argument i think your friend would have is that the test should've been repeated from a new specimen before CPS got involved.

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  • I would be extremely upset as well.  But I can see your DH's point of view too. Tough situation. :o(
  • Is it standard for hospitals to drug test moms in labor? Because I'd never heard of that before, and am wondering what prompted them to test her in the first place.

    Obviously there are many situations in which that mistake is HUGE.

  • I would be upset/angry at the error/mix-up; however I can understand where the hospital was acting according to what was in the best interest of the child.  I don't think there was any malice involved in what the hospital did.

    Can I ask what may seem like a REALLY dumb question?  I know they draw blood when you are admitted to the hospital to give birth.  Do the blood tests include a full drug panel test?

  • I would pursue any and all legal remedies against the hosiptal the state and all involved.

     The problem is there may not be any damages.  But I would do what I could to annoy the crap out of all of them.

  • imagelauralee1:
    Honestly, I am glad it happened. I HATE that it happened as a mistake and really feel for the family. BUT I think it is good to know that when there is a really situation like that, the child is taken out of it.

    I do agree with you, but I just know how heartbroken I would have been if it have happened to me.

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  • why was she tested for cocaine?  was I tested unbeknownst to me?
  • I would be pretty MAD at everyone involved in this and would definitely pursue a complaint against them. Can you imagine taking a small baby away because they cannot get their sh*t together?
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  • Sorry to post again but I think this whole thing is fishy.  If it was me - who doesn't use cocaine - and they tried to take my baby I would not have let them or I would have gone straight to the police at the time!   
  • imagecjseeger:

    imagelauralee1:
    Honestly, I am glad it happened. I HATE that it happened as a mistake and really feel for the family. BUT I think it is good to know that when there is a really situation like that, the child is taken out of it.

    I do agree with you, but I just know how heartbroken I would have been if it have happened to me.

    I would have been terribly heartbroken as well and I hate that it happened to this poor family.

    But I would have hated even more to have to read another child abuse or heaven forbid child death news article. 

  • imageDuffOliver:

    Is it standard for hospitals to drug test moms in labor? Because I'd never heard of that before, and am wondering what prompted them to test her in the first place.

    This. They didn't test my blood, nor did they ask me if I was on any illegal substances.

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  • imageAngelaEsq:

    I would pursue any and all legal remedies against the hosiptal the state and all involved.

     The problem is there may not be any damages.  But I would do what I could to annoy the crap out of all of them.

    Speaking from someone who did have their baby taken away to go to the NICU right after birth and then not being able to see her for 24 hours post birth due to magnesium sulfate, the damages are immense.  Missing out on that critical bonding time can effect breastmilk production, bonding, etc. 

    I am definitely not a sue-happy person but in this instance, those hours can never be brought back.  No matter what.  I would definitely pursue it. 

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  • imageBigIsland07:
    imageDuffOliver:

    Is it standard for hospitals to drug test moms in labor? Because I'd never heard of that before, and am wondering what prompted them to test her in the first place.

    This. They didn't test my blood, nor did they ask me if I was on any illegal substances.

    I dont know if they tested it but in a long series of questions they asked me. 

  • imagebeckytr:
    why was she tested for cocaine?  was I tested unbeknownst to me?
    No. I believe that is illegal- you have to consent to testing except in an emergency. I believe they can test the baby, though.
  • imagebeckytr:
    Sorry to post again but I think this whole thing is fishy.  If it was me - who doesn't use cocaine - and they tried to take my baby I would not have let them or I would have gone straight to the police at the time!   

    This.  If someone tried to take away my baby because of a positive cocaine test, you can bet that I wouldn't allow it.  I would demand a retest before they took the baby away.

    However, I do understand the other side.  Babies with mother's who took cocaine need additional care since they can have withdrawal symptoms.  I think it's a very unfortunate mistake.

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  • I would be very upset, especially given pp hormones ... but in the end, the hospital did the right thing. What if the woman really HAD been doing cocaine?! I don't think a suit will wash in this case.
  • i would definitely be furious and think anout suing. so terrible!! you can never have those first moments back!
  • Ditto everyone who said the hospital did the right thing.  No one wants to be separated from their baby, especially within hours of giving birth.  But they followed protocol.  I suppose they can go forward with a lawsuit but I'm not sure how far they could get.

  • I agree with your husband. while its great that in the end it worked out that the results were wrong, if it were true that drugs had been used, then would you really want a new baby to go home to that environment? people need to be able to look at the bigger picture.
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