Parents check infant out of hospital against medical advice, CPS swoops down

by Walter Olson on May 2, 2013

They were seeking a second opinion on whether the baby needed heart surgery, and didn’t trust the care they were getting from Sutter Memorial Hospital in Sacramento, so parents Anna and Alex Nikolayev went over to Kaiser Permanente to get a second opinion. Police and Child Protective Services then showed up at their house to seize five-month-old Sammy. “A judge ordered Monday that the child be moved to Stanford Medical Center in Palo Alto, a decision which the Nikolayevs consider a win,” and also ordered that they obey all medical advice. [KSL, Today, Good Morning America (auto-plays)]

{ 12 comments }

1 asg 05.02.13 at 12:24 pm

It’s not really advice any more then is it?

2 Avery 05.02.13 at 12:36 pm

Sutter Memorial Hospital also released a statement that said: “Our nurses and physicians are bound by duty to call authorities if they believe a pediatric patient’s health is in danger. We fully support the judge’s decision and are confident the family will receive an excellent second opinion from Lucile Packard Children’s Hospital at Stanford.”

If the original hospital believed the child would receive excellent care at another hospital, why did they call CPS in the first place? Gross intrusion of patient and parental rights by healthcare professionals, CPS, and law enforcement. With a condition as serious as a heart condition, what parent wouldn’t want a second opinion before subjecting their child to what may be an unnecessary and dangerous procedure?

3 mojo 05.02.13 at 12:48 pm

BTW: The statue of John Sutter that stands out front of the hospital is labeled “General” Sutter – he wasn’t. He was, at one time, a Captain in the Swiss Army.

So there’s that.

4 DensityDuck 05.02.13 at 3:00 pm

Alternate story: “Anti-science parents kidnap child from hospital despite doctors’ protests; endanger child’s life with reckless, pointlessly individualistic behavior; authorities act to save life of child, who needed immediate critical care due to a dangerous heart condition”.

5 david7134 05.02.13 at 3:19 pm

I am a cardiologist and saw the pictures of this child. I can assure you that the child was not in any immediate danger. That is exactly what the second hospital said before the child was kidnapped by the state. A doctor is bound to make sure that a child has continuity of care. In this case, it is readily apparent that the parents were acting in a responsible manner and that they were exploring their medical options. If the child had been on life support, then the doctor would have had a case. As it is, he over stepped his authority and ability. I can easily understand why the parents sensed that they were not getting good medical care and wanted an alternative or a safer environment. They have an excellent malpractice case, even with the law against them with child protection clauses.

Then, once again, we see the power of our government unleashed to harm law abiding citizens. When are we going to stop this stupidity?

6 Small Government Guy 05.02.13 at 5:12 pm

DD-

Nice piece of fiction…

7 nevins 05.02.13 at 10:06 pm

Small Guy.
I think Density Duck’s story is no more fictitious than that concocted by Sutter Memorial and Child Protective Services.

“They were also ordered to follow all medical advice.” Fat chance succeeding at that, given the medical teams at Sutter and Kaiser clearly differed substantially on what that medical advice should be.

8 rxc 05.03.13 at 6:25 am

Well, at least this is consistent with the new progressive theme that children don’t really “belong” to the parents any more. Rather, they belong to the community, which has the right and duty to take them away from the parents whenever the parents do not behave the way that the “community” (in the form of the government agencies) believes they should.

First it was the schools, now it is the medical system, soon it will be financial issues – parents will just be required to hand over a fraction of their income and wealth to the state organization that is put in charge of properly raising their children.

9 Small Government Guy 05.03.13 at 9:36 am

nevins-

I may have interpreted DD’s post incorrectly. My bad…

10 wfjag 05.04.13 at 11:44 am

@nevins:
Easy fix. Apply the Solomon Solution and just cut the child in half. That ensures that the Judge’s order is followed and both hospitals can demonstrate the correctness of their opinions.

As for the child and parents, . . .,
never mind.

11 D 05.06.13 at 2:22 pm

The antics of CPS were the first to lead me to see that our government is unconstitutional. At first, I thought it was limited to certain departments, commisions, etc.

12 C Hill 05.06.13 at 7:52 pm

“A judge ordered Monday that the child be moved to Stanford Medical Center…and that they obey all medical advice. ”

As long as the parents “obey” as instructed, I trust the judge is willing to be held personally responsible in the event of a bad outcome??? Who is this judge to use the power of the court to force his judgement to take precedence over the judgement of the child’s parents?

And, if they don’t “obey ALL medical advice” could the parents be held in contempt, even if the child recovers? And, how is the court going to know whether or not they “obeyed”, put cameras in their home?

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