What are my rights if my 9 yea old son was given melatonin at a friend’s house without my consent.

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my 9 yea old son was given melatonin at a friend’s house without my consent.

The parent in question is an RN and gives drugs to her own son on regular basis.

Asked on July 16, 2012 under Malpractice Law, Arizona

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Melatonin is an over-the-counter drug, so her status as an RN doesn't have much to do with the situation. 

Most states allow for those acting "in loco parentis" to make decisions in the parent's place.  That said, if there is no statute allowing the parent in question to act on your behalf--or if you explicitly told her she had no such authority then you could have a cause of action for battery (in a civil case, not a criminal case).

That said, I don't really see what the big deal is here.  Melatonin is naturally produced in the body.  It is a natural supplement and was most likely given to help your 9 year old go to sleep.  If this situation made you uncomfortable (which clearly it did) then don't allow your child to go to that friend's house anymore. I don't think the use of the court system or the attorney fees you will incur are really valid here. 

Best of luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption