Commentary
Every parent’s worst nightmare is when their child falls ill. Taking them to the emergency room and being faced with treatment options that may harm your child can be a harrowing experience. Refusing treatment and seeking alternative care is a parental right, but sometimes hospitals may prevent parents from removing their child from their care.
This situation can escalate further when Child Protective Services (CPS) gets involved, claiming the right to take the child for treatment against the parents’ wishes. Dr. Richard Fox, a pediatrician and lawyer, shared a recent case where a family in Northern California saved their child from what they termed a “medical kidnapping.”
Hope Schachter and her husband William found themselves in a similar situation on Sept. 21, 2023, when they took their daughter Autumn, 4, to the hospital due to a stomach bug.
After being referred to a children’s hospital for treatment of an E. coli infection, the Schachters began to question the medical team’s decisions. Their concerns grew as they felt the recommended treatment for a rare syndrome called HUS was unnecessary and potentially harmful.
As the treatment progressed, Mrs. Schachter witnessed her daughter’s condition deteriorate rapidly. Despite her objections, the medical team continued with invasive procedures and medications that seemed inappropriate for her daughter’s condition.
Feeling helpless, Mrs. Schachter tried to advocate for her daughter’s well-being but faced resistance from the medical staff. Eventually, the hospital involved CPS and took legal action against the Schachter family.
Despite wanting to seek alternative medical opinions and move her daughter elsewhere, Mrs. Schachter found herself unable to do so as the hospital and CPS intervened.
Lucile Packard Children’s Hospital did not respond to a request for comment, but according to court documents, they claim that the family did not follow the recommended treatment protocol.
Mrs. Schachter, however, stated that they had followed all of the doctors’ instructions regarding their daughter’s treatment. She alleged that just minutes before the court hearing, the medical team at Lucile Packard admitted that their accusations were false and that the family had indeed complied with the recommended medical guidelines.
Despite this admission, the hearing proceeded, and the judge granted Lucile Packard Children’s Hospital final decision-making authority over their daughter. Mrs. Schachter felt as though they were in a “hostage situation” and reached out to the Free Now Foundation, where she works as editor-in-chief.
Dr. Fox, who assisted the Schachter family on behalf of the Free Now Foundation, explained that a “medical kidnapping” can occur when there is a disagreement between parents and doctors regarding a child’s diagnosis or treatment plan, leading doctors to involve Child Protective Services (CPS) to gain consent for treatment without proper communication with the parents. He noted that if this process is not documented in the medical chart, legally, it did not happen.
Dr. Fox acted swiftly to remove Autumn from the hospital and provide care at home, where her condition is improving under his supervision. He emphasized that situations like this are unfortunately common and advised parents to proceed cautiously when CPS is involved, seeking legal assistance to protect their rights. He warned that hospitals may misuse their authority, putting innocent children at risk.
The opinions expressed in this article are solely those of the author and do not necessarily represent the views of The Epoch Times.
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