Can I sue if my child was temporarily taken from me after birth due to an inaccurate drug screen?

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Can I sue if my child was temporarily taken from me after birth due to an inaccurate drug screen?

While on labor with my first child I gave a drug screen that cane up positive for a synthetic heroin. I demand a second test. It was still positive. A CPS worker from the hospital visited me and demanded I tell the truth and admit. I did not admit to it and asked her to leave. A second CPS worker came from the state with a sheriff. They then took my daughter fron me and I was not allowed to see her. Shortly after the sherrif returned and had told me they made a mistake and my druf screen had been contaminated. And they returned my daughter to me. Do I have grounds to sue? And who would I sue?

Asked on July 1, 2015 under Malpractice Law, Idaho

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You would have a potential grounds to sue because of the emotional trauma to you and your family for the temporary loss of your daughter.  In these types of situations, you basically sue everyone in the chain:  hospitial, testing facility, person who drew the blood, the person who tested the blood, the CPS worker, the sheriff.  Your challenge will be suing the CPS worker and the sheriff.  For whatever reason, CPS workers have basically been given carte blanche to rip kids away from parents on any assumption they make with very little consquences because they have what is called governmental immunity.  However, visit with an attorney that specializes in suing governmental entities to see what remedies are available to overcome that immunity.


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