February 2007

Monthly Archive

What to do When Parent with Joint Custody Refuses to Give Child Needed Medication

Summary

Can you please tell me what could happen to a parent who refuses to give her child medication. My grand-daughter was just recently diagnosed with Juvenile Diabetes. The mother refuses to give my grand-daughter the insulin shots that she needs, thinking that there must be some sort of herbal medication she can take. Doctor has told her that if her daughter does not receive her medication that it could be fatal. Doctors and nurses in the hospital have heard her say that she will not give her daughter the insulin shots needed. Will the hospital release her to her mother knowing this?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“Can you please tell me what could happen to a parent who refuses to give her child medication. My grand-daughter was just recently diagnosed with Juvenile Diabetes. My son is not married to the mother but he does have joint custody. The mother refuses to give my grand-daughter the insulin shots that she needs, thinking that there must be some sort of herbal medication she can take. Doctor has told her that if her daughter does not receive her medication that it could be fatal. Doctors and nurses in the hospital have heard her say that she will not give her daughter the insulin shots needed. Will the hospital release her to her mother knowing this?”

The hospital might or might not. The main reason they may not release to the care of the mother would be their concern of liability for the death IF THEY KNOW ABOUT WHAT MOTHER IS GOING TO DO. Your son might try to get custody of the child based on this life threatening situation. At very least the judge would likely make a specific order, ordering mother to give the child doctor recommended medication.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

Should I Sign a Contract for a Fitness Center If I am Unsure About the Waiver Clause?

Both the contract and a waiver for a fitness center explicitly absolve it of all responsibility for anything that goes wrong on its premises. What if one of your machines malfunctions and someone gets hurt? The owner replied that, in such a case, the contract and waiver wouldn’t stand up in court anyway, so I would be able to sue if I wanted. Is she correct? Does it makes sense for me to sign such a contract?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“Both the contract and a waiver for a fitness center explicitly absolve it of all responsibility for anything that goes wrong on its premises. [See exact text below.] I asked: What if one of your machines malfunctions and someone gets hurt? The owner replied that, in such a case, the contract and waiver wouldn’t stand up in court anyway, so I would be able to sue if I wanted.

My question: Is she correct? Does it makes sense for me to sign such a contract? The kicker here is that this place is uniquely suited to my wife, who has had a stroke. We both desperately want her to go to this fitness center.

I suppose my other question is: Why are all these other people willing to sign away any responsibility on the fitness center’s part? Are they foolish, or am I crazy?

The exact text:

In the waiver, one agrees to “release, waive and discharge, and to indemnify and hold harmless, [center] and its employees and affiliates from all loss, expense and liability for injury, death or damages to the person or property of the undersigned while using [center]’s facilities.”

In the contract, one agrees that “I am hereby waiving and releasing [center] from and against any and all claims, costs, liabilities, and injuries incurred while on these premises.”

Waiver clauses commonly appear in contracts, and can be upheld. You are at your option to not sign the contract, and not use the facility. No matter how good the waiver clause, the center cannot get you to release all liability from the criminal or outrageously negligent acts of its employees, or intentional torts committed by employees in the course and scope of their duties. i.e. if they failed to adhere to a machine’s maintenance schedule or something. In the situation you described - failure of a machine - you likely would have recourse against the manufacturer or against the gym if they knew or should have known of the dangerous defect.

However, they are saying that you cannot sue them for your own negligent acts. If you do not like the clause, try to line it out. If you are still uncomfortable with it, don’t sign it.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.