Monday, October 18, 2010

ACLU-PA To File Civil Rights Lawsuit Against New Castle Jameson Hospital For Drug Test Resulting In Seizure Of Newborn

Elizabeth Mort

Mother had eaten a bagel with poppyseeds the same day her baby was born and tested positive for opiates.

By H. Nelson Goodson
October 18, 2010

New Castle, PA - The American Civil Liberties Union (ACLU-PA) and Elizabeth Mort, 21, are jointly filing a civil rights lawsuit against Jameson Hospital for a test resulting positive for drugs and the seizure of Mort's newborn. The positive drug test results were reported to county officials as required by state law. The Laurence County Children and Youth Services then took the newborn by the named of Isabella, from her mother three days after her birth on April 27. Isabella was placed in a foster home for five days, according to county officials.
Under a state law that was passed three years ago, House Assembly Bill 2760 (state Act 146, 2006) allows hospitals to test the mother for drugs. If the mother fails the test, county officials are notified and the newborn is then taken from the mother or removed from the home.
The hospital takes a blood test from all mothers giving birth for the drug test. The ACLU says, the hospital is actually using low levels of drug traces in the mother's blood as a determining factor to notify county child services about the drug test results.
Jameson Hospital (Jameson Health Systems) officials say, the hospital had 500 births last year and tests results only discovered that at least five mothers in paternity had tested positive.
But Mort of Neshannock Township says, the hospital reacted to soon to inform county child services before actually investigating to confirm, if she was using drugs. Mort had eaten a poppy-seed bagel before giving birth, which the seeds triggered an increased level of opiates on in the urine test.
Dr. Nicole Carlson, Mort's doctor helped solved the mishap, because Mort doesn't use drugs.
The baby, Isabella and Mort have since been reunited, but Mort is now taking legal action against the hospital.
On Friday, Attorney Sara Rose, for ACLU-PA confirmed that Mort was a client. Mort contacted the ACLU on Monday at a Pittsburgh's ACLU event.
The hospital released a statement saying that they were just protecting the baby, according to state Act 146.

Connected by MOTOBLUR™ on T-Mobile

No comments: