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unethical/illegal to make diagnostic statement w/o seeing patient?


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#1 nasty_divorce

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Posted 18 February 2013 - 10:22 AM

I was in a custody battle and have an in-law who is a doctor. As part of the doctors/relative declaration sritten in support of my ex spouse, they wrote *what appears to be* (from a lay person) a diagnostic statement about one of my family members. This statement is made in the attempt to discredit my family members ability to take care of my children. The statement lists some symptoms, which eludes to stating that they have a condition that would prevent my family member from safely take care of my children.

What I want to know is: 1) Is the statement the doctor/in-law family member made an actual diagnostic statement? 2) If it is, how unethical is it that the doctor made this statement without actually physically examing the patient, or have any actual medical data about this person? 3) Is it unethical that the doctor/ in-law family member stated this in a sworn statement in support of their own family member, in attempts to gain custody of children?

I'd be more than happy to provide the statement through a private email. I'd also be willing to pay an expert professional for an opinion on this.

I greatly appreciate your reply and help.

#2 Tax_Counsel

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Posted 18 February 2013 - 03:50 PM

What I want to know is: 1) Is the statement the doctor/in-law family member made an actual diagnostic statement?


No way to know that without actually reading the doctor’s statement.


2) If it is, how unethical is it that the doctor made this statement without actually physically examing the patient, or have any actual medical data about this person?


That’s a question for the state medical board.


3) Is it unethical that the doctor/ in-law family member stated this in a sworn statement in support of their own family member, in attempts to gain custody of children?


Doctors are allowed to provide medical services to family members. There is nothing illegal about the doctor providing a statement for use in a family member’s custody case, so long as the doctor is truthful in the statement he or she submitted. You may, of course, challenge the statement and point out the potential bias the doctor may have to the court.

#3 Guest_FindLaw_Amir_*

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Posted 20 February 2013 - 02:08 PM

To learn more about child custody matters, you may visit the Family Law Center and read Child Custody as a good resource.




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