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Can GP do this?

20 replies

themuppetshow · 18/09/2012 18:32

Ok, he can do this because he has, but it seems wrong to me and I'm having a bit of trouble working out exactly why - hope someone can help.

This is not a discussion about pros and cons of vaccination.

I want DD vaccinated with MMR pre-school booster, but ex doesn't - he cancelled it! (She's had all other vaccinations). Ex has now written to DD's GP (also my GP, not ex's) to this effect and on "union advice" GP is now saying they, as a practice, won't give vaccination until or unless the matter is resolved and agreement reached between those with PR.

Surely it's in DD's best interests to have it done and for GP to support this.

Ex is not going to agree, so I may be forced to apply to the court to get an order for DD to have the jab when I feel (not that it should have to come to court at all) that the default position should be that they will do it.

Anyone any ideas or advice?

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S1eepy · 18/09/2012 18:35

I thought the parent with care made decisions about such things. Not legal so might be wrong. Absolutely the right decision to have mmr IMO. Measles is a terrible illness.

monsterchild · 18/09/2012 18:37

I think if parents share legal custody (decison making) then GP is right to not proceed until it is resolved.

themuppetshow · 18/09/2012 18:38

No residence order, I am main carer, but DD's dad involved. We both have PR.

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S1eepy · 18/09/2012 18:39

Surely if she's already had mmr at 1, the pre school is a booster so to me the decision was already made 3 or 4 years ago!

OldLadyKnowsNothing · 18/09/2012 18:39

Both parents with PR have equal responsibilities when it comes to medical procedures. If your ex has stated he does not consent, it would potentially be possible for your ex to sue the GP for assaulting your dc.

Agree a Court would probably order in your favour, but in the meantime your GP cannot vaccinate.

lyndie · 18/09/2012 18:39

On the GP thing they will have taken advice from their medical defence society who will probably have given the advice. Maybe go and speak to them in person about their decision? If they don't have permission to do a procedure technically they can be charged with assault hence the fear and them contacting their lawyers.

lyndie · 18/09/2012 18:40

Cross posts sorry, all the best though.

Cluffyfunt · 18/09/2012 18:42

I think if your ex has parental responsibility (which he has if he is on your DDsbirth certificate) then he could either sue or have the Dr prosecuted for assault if your Dr gave your DD medication without his permission.

themuppetshow · 18/09/2012 18:48

Yes - its a booster. MMR done at 13 months. Ex didnt ask and didnt know.

OK it's suing for assault that's the issue. I wasn't clear why GP wouldnt do it, so thanks for clearing that up.

So I would have to take this matter to court presumably, crazy as that seems, as I can't see ex changing his mind.

thanks for all your imput. Much appreciated.

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NotaDisneyMum · 18/09/2012 18:51

As a mum who has recently discovered that DD has been receiving dental treatment without my knowledge while in her Dads care - I can see both sides of this.

It's better that the GP errs on the side of caution, I think.

stillwaitingforthesummer · 18/09/2012 18:57

My DS had a bad reaction to his first MMR (medical emergency, I'm not trying to make a point about the overall safety of the MMR - my younger DS has subsequently had it and was fine). When it came to his preschool booster, instead of giving him the booster (and risking the same reaction) the HV / GP agreed to check his immunity. Turned out that he was fine and didn't need the booster. Apparently all children are given the booster because this is easier / cheaper than checking every child's immunity, but in reality lots of children wouldn't need it. Could you ask your GP to check her immunity instead / in the meantime?

balia · 18/09/2012 19:05

If the position was reversed, you wouldn't want the GP to go ahead and inject on your ex's say-so. Do you know why your ex objects to the vaccination?

If it helps, DH had to go to court to get his son vaccinated, and won, but we did have to pay for an expensive report to be done.

TheDoctrineOfSnatch · 18/09/2012 19:07

Would ex pay for the separate injections or isn't that possible now you've had one dose of MMR?

themuppetshow · 18/09/2012 19:47

No I wouldn't balia but I don't want it to be a court matter either.

No reasons given in letter for not consenting, but I suspect its "autism link", a general suspicion of vaccinations and maybe other, not so medical, reasons.

I'm not in a position to have an expensive report done!

Thanks doctrine. Did wonder about separate injections and will look into it and suggest it.

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S1eepy · 18/09/2012 20:01

I'm guessing you can't speak to him about it but is there a particular reason he doesn't want dd to have vaccination? Could you perhaps show him evidence that there is no evidence that mmr causes autism if he's worried about that. I wasn't given whooping cough vaccine and got whooping cough and was extremely ill.

themuppetshow · 18/09/2012 20:25

I think he'd take a lot of talking round and certainly not by me. Not sure how much he's flexing his parental responsibility muscles.

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STIDW · 18/09/2012 20:43

This is a family law matter rather than for doctors to decide. When both parents have Parental Responsibility they have equal responsibility and rights to carry out those responsibilities. That means they can each make unilateral day-to-day decisions about the children when they are in their care but important issues such as changing a child's name, and important educational and medical decisions need to be agreed.

If no agreement can be reached it's open to either parent to apply to court to regulate PR and you could apply to court for a Specific Issue Order to resolve the matter.

picnicbasketcase · 18/09/2012 20:46

Does he realise that it's a booster, so she's already had the first jab, therefore any of this 'autism link' stuff is irrelevant? Is he just trying to be obstructive?

MrsTwinks · 18/09/2012 20:55

not got any advice about dealing with ex, but in regards to getting immunity checked I did this pre-TTC as my mum decided not to give me any of the pre-school boosters. It is simply a blood test, and I didn't have to pay even though I rocked up at GP and said "check me please". Might be worth asking them, at least if you know immunity either way before you get into it with ex?

themuppetshow · 18/09/2012 21:23

He knows it's a booster picnicbasketcase, so may well be.

MrsTwinks. Not sure I'd really want to put DD through blood test (and ex would no doubt demand that his consent is got for that too!)

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