HELP for a Scared DAD!!!!!!!!!!!!!!

[mykidsdad]

Good morning Soc,

I have a question that I need your opinion on.

First of all sorry for the long post, but i wanted to make sure you had all of the details..

I live in Texas " Brazoria County", So do all Parties involved.

We have joint custody with the EX having domicile, as far as parental rights we both have
equal rights regarding everything except domicile.

With that said, Here we go.. I was contacted by my ex, and told that she was taking our
4yo daughter to the doctor, which she is employed by, who is a  General Practitioner,
and having her evaluated for ADHD, which she stated she believes she has, because
she had our daughter in his office one time before with her for about 30-45 mins, and
in which that time he told her that our daughter was ADHD.

I told the ex that I did not agree to him making such a life changing decision like this,because
#1 he is no a pediatrician
#2 he is not a specialist in this field
#3 you cannot properly diagnose her until she has had a complete physical and is a 100% "well child"

She has told me that whether I agree or not she is going to take her in and let him evaluate her,
and put our daughter on a "two week trial period of ADDERALL". So I agreed to go with her on 1-25-06
to the appointment and talk to the Dr. Which at that time I plan on telling him that he does not have my
consent, nor my authority to place our daughter on the dangerous drug..

She has had no formal evaluation.My ex has not taken her to a Pediatrician for a physical,
my daughter is constantly sick with allergy problems that the DR. mentioned above has supposedly been treating her for, in which
he has not done any testing of and just gives my ex samples for her to take.. He has had her
on Zyrtec for a year and has now switched her to singulair now.

Well I have done some checking on this DR. and Have discovered that in 1996 he was
arrested by the DEA in an undercover sting operation and charged with four (4) counts of
prescribing Dihydrocodone (Lortab 7.5 mg) a Schedule III narcotic, for other than valid purposes.

 Then in 1996 the court records show this



Filed on 09/05/1996
FRAUD DEL PRESCRIPT NOT MEDIC PURP SCH III/IV/
3rd Degree Felony
Case Information
Current Status: Disposed/CSCD

12/12/1997 - Placed On Deferred Adjudication (original Hearing Only)
Presiding Judge: BEN HARDIN
Probation: 02 Years
Fine: $2,000.00
Court Costs: $151.50
Other Fees: $960.00

Disposition Information
Current Balance: $600.00

Then you go to The Texas Medical Boards website, and this information is on there about said DR.

RESTRICTIONS AND ACTIONS:

Action Date:  02/07/1998

Description:  AN AGREED ORDER WAS ENTERED 2-7-98 RESTRICTING HIS LICENSE FOR 5
YEARS UNDER VARIOUS TERMS AND CONDITIONS. ACTION DUE TO VIOLATION OF LAWS CONNECTED
WITH PRACTICE OF MEDICINE, PRESCRIBING OR ADMINISTERING A DRUG OR TREATMENT THAT
IS NONTHERAPEUTIC IN NATURE OR NONTHERAPEUTIC IN THE MANNER THE DRUG OR
TREATMENT IS ADMINISTERED OR PRESCRIBED, ADMINISTERING DANGEROUS DRUGS IN AN
IMPROPER MANNER, AND FAILURE TO PRACTICE MEDICINE IN AN ACCEPTABLE MANNER
CONSISTENT WITH PUBLIC HEALTH AND WELFARE.

Now my question(s) are:

1) What are my legal rights to stopping him from Diagnosing, and prescribing this dangerous drug(s) to our daughter??

2) could you help me type up a letter to him that is worded correctly reguarding this matter, and my objection to him doing so.

[socrateaser]

>Now my question(s) are:
>
>1) What are my legal rights to stopping him from Diagnosing,
>and prescribing this dangerous drug(s) to our daughter??

Well, you are a determined investigator. The physician is lawfully entitled to practice medicine, under restrictions. If you believe that he is rendering in adequate services, you can file a complaint with the state medical board, and/or you can ask the court to restrain the other parent from using the physician, and you can submit your evidence of the public record to the court as grounds for your concern that the physician may not be the most qualified, and that you would prefer a different service provider.

What you don't want to do is anything that ties your intent to report the physician to the authorities, unless he suffers your demand to not provide services, because that is criminal extortion, and you will be in deep do do.

>2) could you help me type up a letter to him that is worded
>correctly reguarding this matter, and my objection to him
>doing so.

No letter. Nothing in writing. Too risky. The doctor almost certainly out earns you and can afford more legal manuvers than you, and you don't want to be dragged into a lawsuit with him, or a criminal investigation by the authorities.

[mykidsdad]

Good morning Soc,

I have a question that I need your opinion on.

First of all sorry for the long post, but i wanted to make sure you had all of the details..

I live in Texas " Brazoria County", So do all Parties involved.

We have joint custody with the EX having domicile, as far as parental rights we both have
equal rights regarding everything except domicile.

With that said, Here we go.. I was contacted by my ex, and told that she was taking our
4yo daughter to the doctor, which she is employed by, who is a  General Practitioner,
and having her evaluated for ADHD, which she stated she believes she has, because
she had our daughter in his office one time before with her for about 30-45 mins, and
in which that time he told her that our daughter was ADHD.

I told the ex that I did not agree to him making such a life changing decision like this,because
#1 he is no a pediatrician
#2 he is not a specialist in this field
#3 you cannot properly diagnose her until she has had a complete physical and is a 100% "well child"

She has told me that whether I agree or not she is going to take her in and let him evaluate her,
and put our daughter on a "two week trial period of ADDERALL". So I agreed to go with her on 1-25-06
to the appointment and talk to the Dr. Which at that time I plan on telling him that he does not have my
consent, nor my authority to place our daughter on the dangerous drug..

She has had no formal evaluation.My ex has not taken her to a Pediatrician for a physical,
my daughter is constantly sick with allergy problems that the DR. mentioned above has supposedly been treating her for, in which
he has not done any testing of and just gives my ex samples for her to take.. He has had her
on Zyrtec for a year and has now switched her to singulair now.

Well I have done some checking on this DR. and Have discovered that in 1996 he was
arrested by the DEA in an undercover sting operation and charged with four (4) counts of
prescribing Dihydrocodone (Lortab 7.5 mg) a Schedule III narcotic, for other than valid purposes.

 Then in 1996 the court records show this



Filed on 09/05/1996
FRAUD DEL PRESCRIPT NOT MEDIC PURP SCH III/IV/
3rd Degree Felony
Case Information
Current Status: Disposed/CSCD

12/12/1997 - Placed On Deferred Adjudication (original Hearing Only)
Presiding Judge: BEN HARDIN
Probation: 02 Years
Fine: $2,000.00
Court Costs: $151.50
Other Fees: $960.00

Disposition Information
Current Balance: $600.00

Then you go to The Texas Medical Boards website, and this information is on there about said DR.

RESTRICTIONS AND ACTIONS:

Action Date:  02/07/1998

Description:  AN AGREED ORDER WAS ENTERED 2-7-98 RESTRICTING HIS LICENSE FOR 5
YEARS UNDER VARIOUS TERMS AND CONDITIONS. ACTION DUE TO VIOLATION OF LAWS CONNECTED
WITH PRACTICE OF MEDICINE, PRESCRIBING OR ADMINISTERING A DRUG OR TREATMENT THAT
IS NONTHERAPEUTIC IN NATURE OR NONTHERAPEUTIC IN THE MANNER THE DRUG OR
TREATMENT IS ADMINISTERED OR PRESCRIBED, ADMINISTERING DANGEROUS DRUGS IN AN
IMPROPER MANNER, AND FAILURE TO PRACTICE MEDICINE IN AN ACCEPTABLE MANNER
CONSISTENT WITH PUBLIC HEALTH AND WELFARE.

Now my question(s) are:

1) What are my legal rights to stopping him from Diagnosing, and prescribing this dangerous drug(s) to our daughter??

2) could you help me type up a letter to him that is worded correctly reguarding this matter, and my objection to him doing so.

[socrateaser]

>Now my question(s) are:
>
>1) What are my legal rights to stopping him from Diagnosing,
>and prescribing this dangerous drug(s) to our daughter??

Well, you are a determined investigator. The physician is lawfully entitled to practice medicine, under restrictions. If you believe that he is rendering in adequate services, you can file a complaint with the state medical board, and/or you can ask the court to restrain the other parent from using the physician, and you can submit your evidence of the public record to the court as grounds for your concern that the physician may not be the most qualified, and that you would prefer a different service provider.

What you don't want to do is anything that ties your intent to report the physician to the authorities, unless he suffers your demand to not provide services, because that is criminal extortion, and you will be in deep do do.

>2) could you help me type up a letter to him that is worded
>correctly reguarding this matter, and my objection to him
>doing so.

No letter. Nothing in writing. Too risky. The doctor almost certainly out earns you and can afford more legal manuvers than you, and you don't want to be dragged into a lawsuit with him, or a criminal investigation by the authorities.

[mykidsdad]

Well I showed up at the ex's doctors office for the "so called" ADHD Evaluation.. After 2mins and 21 seconds, and two questions he came to the conclusion that my daughter was ADHD... I protested the findings and said I wanted a second opinion, and after much arguing, and being cussed out by the ex, she finally agreed to not put our daughter on ADDERALL.. Fast foreward to today..

I pick my kids up from daycare, and question how my daughters behavior has been, and am told that she has been acting like a different child the past couple of days, NO appetite, Very spacey, and still not listening or paying attention..

So I question them to see if they have been told of her being on any medication, and was told no that they have not been informed of any, but suspect that my daughter is on something, but they do not want to say what they think it is..

So we leave with kids in tow, and as we are driving I commit to my daughter that her nose is running, and ask if she was still taking her allergy meds, and she told me yes she was, plus another pill also, and my son proceeds to tell her that she is not taking another pill with her allergy pill and to shut up..

Well I start putting 2+2 together and decide to call the pharmacy that I know the ex goes to and proceed with questions about prescripts for my daughter, and was informed that there was a script brought in on wed for her and picked up on wed..

 My questions are

1) what should my first course of action be??

2) Do I have anything legally to stand on to get a emergency hearing to stop her from giving my daughter this untill she is properly diagnosed??

3) Would it be wise on my part to call CPS and get them involved, or would I risk losing my daughter along with my son???

4) Should I contact the doctor and let him know that I know what has been done and that I do not agree or consent to this without the proper evaluation being done..

5) I audio taped the whole Drs. visit on wed. and have all of it on tape to prove ex agreeing to not give my daughter anything untill the proper tests and evals were done, plus the Dr. also telling er to let me get a second opinion, and telling me that I was doing the right thing.. should I make this known to them also or should I keep that quiet untill a trial or something else??

[socrateaser]

> My questions are
>
>1) what should my first course of action be??
>
>2) Do I have anything legally to stand on to get a emergency
>hearing to stop her from giving my daughter this untill she is
>properly diagnosed??

Did you confirm that the drug is adderall? If so, and you are seriously concerned with the lack of diagnosis, then I would first request a copy of the doctor's records for the child. If they show that adderall, or some other amphetimine is prescribed, then I would take the notes to the court and ask for an ex parte emergency restraining order to prevent the administration of the drug by the parent, on grounds that the dr.'s diagnosis in your presense consisted of two questions, and that you are concerned because of the doctor's disciplinary record that he may be acting beneath the standard of care duy from a physician to his patient, and that you would like to obtain a second opinion prior to the administration of adderall to the child.

You could also complain to the State medical board.

Assuming that you have confirmed the prescription to be what you believe.

If not, then you don't really have any proof.

Frankly, the best course of action would be to independently take the child to a specialist and get the second opinion yourself, before moving to the courtroom. That way you will have an expert who will support your position, and you won't appear to be a controlling, hostile parent, which is how you may appear to the court, if you simply walk in and say that you know better than the doctor, regardless of his apparent prior problems.

>3) Would it be wise on my part to call CPS and get them
>involved, or would I risk losing my daughter along with my
>son???

Don't think you have enough evidence for this to be productive.

>
>4) Should I contact the doctor and let him know that I know
>what has been done and that I do not agree or consent to this
>without the proper evaluation being done..

I already told you what to do in this regard, and you are now asking me again. You didn't take my advice the first time, but I'll say it again -- the doctor is licensed to practice, and doesn't need both parents' consent to prescribe medication. Your only recourse with him is to simply ask that he not render any further services, because in view of his past disciplinary record, that you are not comfortable with him as your child's physician.

Anything else, will appear to be a threat, and you're gonna get your ass in a sling.

>5) I audio taped the whole Drs. visit on wed. and have all of
>it on tape to prove ex agreeing to not give my daughter
>anything untill the proper tests and evals were done, plus the
>Dr. also telling er to let me get a second opinion, and
>telling me that I was doing the right thing.. should I make
>this known to them also or should I keep that quiet untill a
>trial or something else??

Even though Texas is a one party state, if the parties to a conversation have a reasonable expectation of privacy, then the recording may be punishable as a crime. If you recorded a doctor's session and diagnosis without the doctor and other parent's consent, then you have arguable violated their reasonable expectation of privacy, because conversation in a doctor's exam room is not the same as a conversation on a bus or in a restaurant.

I don't know TX case law in this area, but I'm guessing that you could be looking at some very serious trouble revealing the contents of that tape. So, don't release it until you speak with a local attorney who is experienced in this area.

[mykidsdad]

Soc,
Yes i confirmed with the pharmacist the the perscription was in my daughters name, and it was for Aderrall 5mg. I also contacted the ex and she also confirmed that she has put her on Adderall.

I am taking her to a pediatrician, the first availabe date that I could get in was on Feb. the 8th, the only problem is that she is already on the meds, so that is going to throw off the possability for the pedi to give an acurate evaluation.

Hence that is why I am asking about the emergency order..
Please do not think i did not take your advice the first time, I am just very upset and scared for my daughters health and well being, I guess I ask again for some reassurance..

Thank You in Advance for you gracios help and guidance..

[socrateaser]

>Soc,
>Yes i confirmed with the pharmacist the the perscription was
>in my daughters name, and it was for Aderrall 5mg. I also
>contacted the ex and she also confirmed that she has put her
>on Adderall.
>
>I am taking her to a pediatrician, the first availabe date
>that I could get in was on Feb. the 8th, the only problem is
>that she is already on the meds, so that is going to throw off
>the possability for the pedi to give an acurate evaluation.
>
>Hence that is why I am asking about the emergency order..
>Please do not think i did not take your advice the first time,
>I am just very upset and scared for my daughters health and
>well being, I guess I ask again for some reassurance..
>
>Thank You in Advance for you gracios help and guidance..

Frankly, I don't think a pediatrictian is the way to go, but it's better than doing nothing. You need a specialist (child psychiatrist), but that may take you some time to get an appointment as well.

If you're really scared, then I would seek a local attorney and discuss the facts and see if he/she thinks you have sufficient grounds for an emergency restraining order, based on the dr's comments to you and his disciplinary record.

It's a close call, and I can't decide either way, because the doctor seems pretty shady -- but he's still got a license, so it's not like he's breaking any laws prescribing drugs to your child.

So, you should get a second legal opinion, because I'm undecided on what you should do at this point -- other than to get the child to a specialist.

[mykidsdad]

I agree she needs to go to a specialist, but you know how HMO's work..
So i have to follow the proper channels, I have to have her primary care doctor give me a referall.. I will be contacting my lawyer first thing Monday morning..