In Florida is misrepresentation of guardianship on medical consent form for a minor illegal?

Legal Questions & AnswersCategory: CivilIn Florida is misrepresentation of guardianship on medical consent form for a minor illegal?
Jessika Brown Staff asked 3 years ago

Under his dad’s care, my 4 yr old son had an accident and broke his wrist. Dad sent his fiancé who is a nurse to urgent care with my son and he (Dad) stayed at home. The fiancé signed the Consent for Medical Treatment form as his Stepmother (she is not his stepmother). She also took him to hospital and did the same (same day). I was not notified of any of this until after he received treatment (she authorized) at the hospital where she works as a nurse. This women is not his stepmother, legal guardian or have power of attorney for care of my son. Did she break the law? Is the hospital liable? Can she lose her license? What should I do so this does not happen again?

chrisleroi Staff replied 3 years ago

The hospital definitely would not be liable because they were treating an emergency and were relying on false representations made by the fiancee to them. Yes, she did falsely represent herself to them, but the KEY question in any such situation is what harm did it cause and what are your damages. Depending on the requirements for nurses in FL, she might lose her license for making such a fraudulent or negligent misrepresentation. You should information the hospital Human Resources and patient relations individuals to try to avoid this from happening again. Good luck.

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chrisleroi Staff answered 3 years ago

The hospital definitely would not be liable because they were treating an emergency and were relying on false representations made by the fiancee to them. Yes, she did falsely represent herself to them, but the KEY question in any such situation is what harm did it cause and what are your damages. Depending on the requirements for nurses in FL, she might lose her license for making such a fraudulent or negligent misrepresentation. You should information the hospital Human Resources and patient relations individuals to try to avoid this from happening again. Good luck.