Doctors, Divorce, and COVID-19

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“I think it’s not fair, it’s cruel to ask me to choose between my child and the oath I took as a physician,” Dr. Theresa Greene said. “I won’t abandon my team at work or the patients who will increasingly look to me to save their lives in the coming weeks, but it’s torture.

Dr. Greene is an ER physician in Miami.

Greene and her ex-husband have been divorced for two years. They have a daughter and split time with her evenly.

The ex-husband challenged the custody order. Circuit Court Judge Bernard Shapiro ruled that the child should stay with her father, Eric Greene, to limit the risk of exposure to coronavirus. Dr. Greene is appealing the emergency order granting full custody to her ex-husband.

Her ex-husband’s attorney produced an eloquent statement when this became a media story.

“We recognize and genuinely appreciate the sacrifices that she and all healthcare workers are all currently making to save lives and prevent further illness in Florida and around the world. The Greenes’ temporary timesharing dispute was presented before the Court based upon the specific facts of this individual family and a decision was reached based upon the best interests and safety of a minor child, limited to the temporary circumstances presented by COVID-19. The Court’s ruling was not intended to serve as a blanket rule, nor should it. Pursuant to Mr. Greene’s request and as ordered by the Court, Dr. Greene is to be provided future make-up timesharing for each day missed during this challenging time and daily video communication with the child. We will continue to pursue ways to resolve this delicate situation and believe that a result can be achieved safely and fairly.”

Well, that was nice, wasn’t it?

Greene uses personal protective equipment at work. She’s no stranger to the challenges and necessary precautions. Like most ER physicians, she disrobes in the garage or carport. She washes her hands religiously. And a gazillion other things she’s turned into muscle memory.

The court stated it based its decision on the welfare of the child.

Did it?

There are thousands of families where one or both spouses are treating COVID-19 patients. Their kids are not forced to live elsewhere. Some have, of course. But that is a choice. And the one demographic that seems to do OK is children.

In an ideal world, ex-spouses would cut each other some slack during a unique stressful time – like now. The Greenes managed to share custody without any ostensible headaches for two years. If this could haven been worked out without the courts, that would have been better. Now, this drama is playing out in the public eye. That can’t help.

Or can it?

No one really knows with certainty what goes on behind closed doors in any relationship. But now is not the time to throw salt on open wounds.

What do you think? Let us know your thoughts below.


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Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. With decades of combined experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.

13 thoughts on “Doctors, Divorce, and COVID-19”

    • The mom is being punished with the limitations of being with her child because of her willingness to continue to take her oath seriously and to heart. Helping society should be rewarded in these uncertain times.

      Is the child old enough to understand what is going on and that she has done nothing wrong to deserve not being able to see her mom physically. Did she have a say?

      Seems the child’s best interest was taken into account according to the court only.

      Sad!

  1. ^Are you guys related?
    Well, i can see how he feels that way. There are actually countries like India where Health Care Workers are being attacked because of fears that they will carry covid19 to their homes from work. If i were the judge i would figure in the husband’s job and other factors like whether he suffers any condition that puts him in high risk group for catching/experience severe outcomes from Covid19. I am assuming that she has no other choice but to work the ER but she might have another position which would be less risky in the system. If she didn’t and she is supporting him, i’d try to negotiate with him, like, “I’ll quit my job and then you won’t have much support.” There is so much we don’t know but in the end, kids are pretty smart and daily video contact is OK. Some ER/ICU docs on the Covid19 FB group are choosing not to come home during the pandemic for fear of infecting their families. She can survive this!

  2. This is complete and utter BS. The child’s likelihood of impairment from the Corona Virus is nil. The child stands very very little chance of getting the virus, and if it did catch the disease the likelihood of any significant injury from the virus is exceedingly small.

    Unfortunately these decisions are in the hands of judges and they should not be. The number of terrible decisions make by judges is very high. The child is a pawn in this dispute. When will the virus risk abate, in a year or two?? So the mother is not supposed to see the child during that time?
    How much is that going to injure the child? Far more than any virus likely would. It is time to return our government to a limited government and leave judges out of such decisions. We need fewer laws with less interference in people’s lives. The legal system is far from fair most of the time. Common sense has been put to the curb at great societal and individual cost.

    • I agree with this 100%. And this is not going to be limited to a “temporary” basis, as the ex-husband’s lawyer suggests. The virus might last longer than expected, as we don’t have any vaccine expected to be released soon. This is very relevant because the husband will likely use this advantageous circumstance as a stepping-stone to justify/fight to become the custodial parent after this COVID-19 situation ends. One factor that the courts take into account when granting custody is the past history of which parent was the primary caretaker. The child is young, so this judgment could have disastrous implications. It is also a sin that the judge is effectively punishing such a selfless and brave individual (her mother), without whom our citizens and country would perish during this time. Very disheartening and eye-opening as you the flaws in the judicial system and the skewed thought-processes of some of these judges—particularly in family court.

  3. Physicians in general and ER physicians in particular are exposed to potential infections all the time: Tbc, HIV, influenza, MRSA – all common in south Florida. So, should all physicians lose custody of their children? Of course not!! It’s a ridiculous decision. I hope it gets reversed. What heart ache to this mother. Are paramedics and policemen being separated from their families? Nobias playing a! I hope there is no gender bias playing a role her. I also hope their is an appeal and this gets reversed!

  4. Physicians in general and ER physicians in particular are exposed to potential infections all the time: Tbc, HIV, influenza, MRSA – all common in south Florida. So, should all physicians lose custody of their children? Of course not!! It’s a ridiculous decision. I hope it gets reversed. What heart ache to this mother. Are paramedics and policemen being separated from their families? I hope there is no gender bias playing a role here. I also hope there is an appeal and this gets reversed!

  5. This decision should be appealed. It is obviously stupid. Should all children of any healthcare worker be removed from their families? If there is a recall mechanism in that area, the citizens should consider having the judge removed.

    This reminds me of the judge that sentenced a rapist to six months in jail. Judge Aaron Persky was subsequently removed from his bench by a recall campaign in 2018.

    Judges need to be held accountable when they make such stupid decisions. And we cannot always expect that the judicial review boards are going to keep their out-of-order judges in order.

  6. The judge’s decision is appalling. It demonstrates a lack of understanding of this virus and lack of knowledge regarding what doctors can be exposed to every single day. We protect ourselves because we understand the science and the risks. I feel terrible for Dr. Greene and her child having to endure this.

  7. Poor decision making on the on the part of the judge. Opportunistic selfish thinking on the part of the ex husband…maybe that’s the reason for the divorce in the first place.

  8. I am a ER Physician and my spouse is a Commissioner of Health in a major city and hot spot for COVID-19. ER workers have a huge incidence rate approaching 33% of becoming infected with Covid-19 (and a significant death rate), despite PPE. Many workers, esp physicians & RN’s can’t adhere to regular schedules and can’t predict when they’ll go home. As a consequence most (with families) have moved out of their homes and are staying in hotels.

    The myth of children not catching Covid or not getting very sick – is just that a myth. We admit Pediatric Covid-19 patients all the time.

    This case should not have gone to court; it should have been settled by the parents themselves. Miami has a large Covid-19 load; The mother should have voluntarily stayed apart from her toddler, visiting by FaceTime/Skype whenever appropriate.

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Jeffrey Segal, MD, JD
Chief Executive Officer & Founder

Jeffrey Segal, MD, JD is a board-certified neurosurgeon and lawyer. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country's leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

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