Doe ex rel. Doe v. Public Health Trust

HATCHETT, Circuit Judge,

specially concurring.

It overlooks reality to say, as the majority does, that a child admitted to a hospital by a parent is a voluntary patient and under the law, should be treated more like an adult voluntary patient than an adult involuntary patient. To hold, as the majority does, that the parents of a child have the right to seek medical treatment for the child and protect the child’s interests without any knowledge or first hand observation of the treatment’s progress is folly. Thus, while I agree to the reversal and remand of this case, I write separately to point…