Is a federal regulation that restricts access to a child for the purposes of a medical malpractice case invalid?
MultiRegion, United States of America
The following excerpt is from Taylor v. Lavine, 497 F.2d 1208 (2nd Cir. 1974):
Hurley v. Van Lare, 365 F.Supp. 186, 195 (S.D.N.Y.1973). Because the regulation
[497 F.2d 1223]
denies the eligible child his basic needs for no reason related to the purpose of the federal statute, it violates that statute and the implementing regulations.17[497 F.2d 1223]
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