Dr. called me

[oneaddress]

Asthmatic child's Dr. called me last week and said that his allergies were severe. No smoking or pets. Dr. also called mom with test results.  Today he came home reaking of smoke. What should I do to prove that he is always returned in this condition? I know that smoke smells evaporate. He also said that he was given allergy meds. She did not tell me. I will text her to find out what he has taken, because I do not want an overdose. How do I preserve the evidence or can I.

[ocean]

You could go back and have a line added "no one will smoke around the child inside/outside and in vehicles as child has severe allergies" Have the dr write something up about child's condition for proof.

[sillystring]

We have that same line in our CO and honestly, the child still comes smelling like smoke and we haven't been able to do anything about it.  There's not really an easy way to prove that the mother is letting someone smoke around the child. 

[tigger]

Put the child's shirt in a sealable plastic bag (like a gallon size ziploc bag) for evidence.

[ocean]

Take child right to dr...and have them document it? 
You can have a lawyer threaten her with medical neglect...? Pay a lawyer just to write a letter on letter head and that if child comes to you smelling like smoke again you will file?

[grapeape]

take the child directly to the pediatrician. the doc with talk with the child and of course can smell the smoke on the child. also take a tobaccalert test that you can purchase at a local pharmacy. it is a urine test for second hand smoke exposure. this will document the ACUTAL amount of exposure.

the pediatrician is obligated to contact child protective services for medical neglect. (i know this because i have been in the exact same situation and unbeknownst to me dd's pediatrician called cps)

is the child's asthma exacerbated by the second hand smoke exposure? DOCUMENT
has he/she been to the ER on steroids, etc... DOCUMENT


also, does your CO contain any wording that refers to both parents following physicians medical advice or medical care?
if so, file contempt.

[oneaddress]

I will take child to doctor and obtain a test kit. Takes steroids often because of asthma. As a matter of fact, BM says that steroids cause to much "hyperactivity" and therefore does not want to give the full amount. BM does not think that asthma is a serious disease and thinks that I take it too seriously. Anytime you have a hard time breathing, it is serious. Thanks for the suggestions.

[Kitty C.]

'BM does not think that asthma is a serious disease and thinks that I take it too seriously.'

Pardon the pun, but she's dead wrong.  A good friend's otherwise healthy 12 y.o. son died of an asthma attack, even tho he had it well controlled via medication.  You are absolutely right to be seriously concerned and if the asthma is smoke-induced, you will need the medical back-up and resources to take action in court.  Long-term steroid usage is not good, so if the asthma can be controlled by staying in a smoke-free environment, it will limit the amount of steroids needed to keep it at bay.  Stay on top of it..........

[grapeape]

oh NO!  if BM isn't giving the full dosage of the steroid she is actually doing more harm than good. you must inform the doctor of this.
not properly administering prescribed medications for lung disease coupled with second hand smoke exposure is MEDICAL NEGLECT.

is the child seeing a specialist (pulmonologist)? larger clinics even have a large (step-in) approximately 6-7 ft tall spirometry machine. this machine is vital in measuring inspiratory and expiratory air flow.

during a flare-up the child probably needs albuterol or xopenex via nebulizer every 4 hours as well as the oral steroid.

the child's lungs can be permanently damaged from recurrent attacks. it is called lung remapping.

think about a machine, with moving parts. if you toss sand in it every once and a while... it still may work. not as well. and over a long time of having sand in its moving parts you can bet it will not function as well down the road.

please document everything... every event. get copies of medical records, ER records. you will also need to prove that she smokes in the child's presence. that is very difficult. so other than what i have said to do... if you can get photos or video that would be even better. i cannot advise on how to obtain this evidence unless you hire a PI, like i did.

otherwise, it is very difficult to prove it happens.

did you say whether you had a part in your CO about following medical orders/advice/prescriptions?
if it is there, you can file for contempt yourself.

oh... and did the asthma develop after the CO was entered or before?

[phil]

Everyone means well, but the focus (legally) is not right.  If there are no orders to the contrary, Mom can smoke around the child.  Of course as a Mom, I cannot imagine for the life of me doing that, but ugh...anyway.  You need to file for an emergency order asking that Mom, visitors, etc... are not allowed to smoke in the same house/car/vicinity of the child.  You also need to ask that Mom must comply with the physicians orders as written.   But honestly, these are difficult orders to enforce.  The other problem is - child comes home smelling like smoke, or so you claim.  You put clothes in a bag.  Problem with this is - this is so easy to dispute in court, Mom says she didn't smoke around child, you said she did.  You have the bag with shirt in it. How do you prove this came home that way and was not altered by you? Same thing with the test to measure second hand smoke.  You cannot prove that the child was only exposed at Mom's.   It's a very easy thing to have thrown out. You can take child to the doctor too, but it is YOUR allegation she is not giving the meds as prescribed. You have no proof of that, so medical neglect is extremely difficult to prove. Also, you can't prove an asthma attack was precipitated by smoke rather than another factor.  I don't mean to sound negative, just have seen this so many times and nothing is ever done. It is such a difficult thing. My sympathy is with you.    What you can do - get the orders for no one to smoke, must give meds as prescribed, file contempt for her not giving you the information on the meds...have an attorney threaten her, maybe she will shape up.  Truly , my best to you.