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-- -- his back in session on the docket today -- California parents are now reunited with their five month old son Sammy.
But they say their battle with Child Protective Services.
It's far from over.
-- was taken away from them by police.
That happened after the parents told a doctor in a hospital they wanted to get a second opinion on whether -- needed surgery and left the hospital against medical advice.
The police showed up the next day and here's what happened.
-- -- And now the parents are getting ready to see you joining me now mark -- -- former prosecutor now defense attorney -- Jenkins former prosecutor and doctor Marc Siegel with our Fox News medically team.
They're getting ready to sue if our that mother mark our -- out with -- are all they are -- Megan I would help them pro Bono and I'm outraged by the video but some of the facts that weren't discussed their compelling.
They saw a nurse in the icu.
Give their baby antibiotics and a doctor had told that -- not to give the baby antibiotics that they had ever reason.
To question this hospital any reasonable parent should have -- could have taken for a second opinion cops got their doctors say the baby's fine.
But nevertheless they come the next day this is -- rate.
What's crazy is they didn't take that they get -- first hospital bring them home ignores her condition they took -- do another yes whereupon a doctor gave him a note saying these are good parents the -- viable pursue the air.
And the next day after bringing -- home pursuant to that doctors -- blessing the cops showed up and spoken.
You know -- -- doctors -- main -- reporters would be seated there meaning issue about a house hearing here it's not what indeed it's how they didn't they remove this five month old baby from me ten feet here as you can imagine this being probably had -- -- heart monitor hooked up to -- They took the baby on their own without waiting for the hospitals approval.
Two and perhaps seat he could be safely transfer to the hospital they took matters into their own hands and transferred him.
On their own that's the problem.
It with doctor -- your thoughts.
You know I actually -- rates make -- a great point here first of all Sutter memorial hospital.
Is known for its pediatric heart surgery it's the first in the region.
It's the top in the region while the couple didn't think they're getting their son -- there absolutely and they may very well have been misinformed and they may very well have been on to bed care but the issue here Megan.
Is how stable the baby was you know flow kills infants and if that was influenza and if this baby had.
A ventricular -- the fact which is the most likely part of -- -- the baby was in heart failure.
The baby could have been very well and unstable in the hospital has an obligation to not let the baby like that out of -- here.
I think -- other parents have an obligation when they see the nurse giving medication to the baby which -- -- was at -- According to the parents -- a lawyer that she shouldn't be getting it.
I agree this whole zero tolerance mentality.
Really means no common sense when you have a second hospital doctors who told police when they showed up.
The baby was fine they they they just -- about that -- as an imported discussed many more points so we have to get into regular -- after the break.
Mark a lawyer for the parents tell me that.
Everybody's exposed -- he he he sounds -- he's going after cops division of child and family services and the first hospital who do you think is the real culprit here.
Well I have a problem Child Protective Services they knew via law enforcement that that second.
Hospital the doctors there said there's no safety concern for the child that information was known.
The problem is suing government entities is not easy if it was they'd all be bankrupt.
Cut a fake -- I hate to come down too hard on on the -- to CPS of who I assume were acting in good faith.
But it's someone should be held accountable for what happened.
Here but -- -- medical issues are involved Child Protective Services there that basically raises the stakes it chopper -- -- services -- to act quickly and swiftly.
They absolutely have to investigate it and we got a call from Sutter hospital the first hospital and and the doctor tells them this child should not have been released the child needs to -- here.
And needs heart surgery which I understand he's now going to get adding another hospital.
They have to investigate that and perhaps take that -- a way to make sure the Chatzky the medical care that he -- -- eat.
Let me just go back to mark and that quickly driver -- of the final question your thoughts on that dark mark -- on -- -- -- she was telling them there's -- second doctor so they could have said all right we're not gonna do the extraordinary step of taking your child the way.
Let's do some follow up investigation instead know we're here we're taking a child.
That shouldn't happen.
Doctor -- with your child a sick in the hospital and UCK she says she witnessed the nurse give the baby antibiotics after the doctor said don't give me antibiotics.
And the mother said what do you given him antibiotics for -- and the -- that I don't now.
It was a round that point to the mother said I'm not feeling that good about this hospital that's the -- story.
What do you do if you want your child out you won a second opinion but the hospital saying he is not fit to -- Iran and it's a very emotional situation I kind of agree remark about Child Protective Services being very -- -- over the line.
But the bottom line here is that the first hospital has a right to protect the patient.
And the family no matter how much they feel badly about this are not in a position to make medical judgments about whether the -- -- unstable the infant could have done.
Panel thank you while.
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