Case citation: Awkerman v. Tri-County Orthopedic Group, 373 N.W.2d 204 (Mich. Ct. App. 1985). (Child abuse reporting) Facts: A minor and his mother filed suit for damages against Tri-County Orthopedic physicians for false diagnose and filling a child abuse reports. The Michigan Court of Appeals rule that child abuse reporting statue provides immunity to persons who file the child abuse was report in good faith even if the reports were a negligent diagnosis which was cause of the child bone fractures. The court also appealed that damage of shame and humiliation was not recoverable to Michigan statute. Immunity from liability did not extend for damages of malpractice which has been the result from the failure to diagnose the child disease. Issue:
On the above listed date and time, deputies arrived at Hampton County Medical Center, and made contact with the complainant regarding the above listed incident type. Deputies gathered the pertinent information needed to complete this report. The complainant and his mother wrote a voluntary statement. Photos were taken while at the Emergency Room. The complainant was issued a Victim’s Right’s Form along with a case number attached. Deputies attempted to make contact with the subject, no contact was made. Deputies cleared the call and resumed normal patrol duties.
At admission, Mollie’s main complaint was right hip pain. She was not oriented to person, place or time, responding with “I don’t know” to questions asked. While the emergency department nurse completed a physical assessment, Molly’s hospital record was retrieved. Molly was discharged from the hospital two weeks ago, having been admitted for dehydration. Her health history was significant for hypertension and diabetes. Her primary care provider and home health care information were included in Mollie’s hospital record, as was her daughter’s contact information. The emergency department performed an x ray to evaluate Mollie’s right hip pain and there was no evidence of a fracture. Per MD order, labs and samples were collected and processed: CBC-diff, CRP, hyperal, blood culture, prealbumin level and urinalysis. Molly was evaluated for sexual assault and the appropriate samples were gathered. The forensic nurse gently scraped material from underneath Mollie’s fingernails. Bruises were measured and age of each bruise was estimated by
It is our conclusion that there is today no factual justification for immunity in a case such as this, and that the principles of law, logic and intrinsic justice demand that the mantle of humanity must be withdrawn.” (Parker v. Port Huron Hospital, Michigan)
Sedlak, A.J. (February, 2001). A history of the National Incidence Study of Child Abuse and
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
Child abuse is an extremely sensitive subject to many people. But to many people from McMartin Preschool, it is something that will stick with them forever. According to The World Book Encyclopedia, child abuse is “a term that generally refers to mistreatment of a child by a parent of another adult” (Zigler). It could also be “limited to life-threatening physical violence, including severe beating, burns, and strangulation” (Zigler). The horrific McMartin Preschool Trial was crazy and disgusting, leaving children scarred, parents angry, and the accused wronged.
It is unfortunate to say that medical malpractice is one of the leading causes of death in the United States. Medical malpractice is defined as negligence committed by a medical professional. Malpractice lawsuits have existed in the United States for more than 150 years, most of which were never pursued in court. Medical malpractice is interfering with patients’ rights as well as demanding high costs. However, medical malpractice can be overcome by managing the costs involved, and by regulating, enforcing and advocating patient rights.
Wooden , K., Webb, R., & Mitchell, J. (2012). A Profile of the Child Molester. Retrieved from www.childluresprevention.com/pdf/Profile-of-Molester.pdf?
Kalichman, Seth C. Mandated Reporting of Suspected Child Abuse, Ethics, Law, and Policy. Washington DC: APA, 2005.
Most reported abuse happen in kids younger than three years old. Sometimes, if what the parent tells the technologist what happened does not correlate with the pathology seen, then a strong case of child abuse can be made.
Suspected child abuse must be recognized, comprehensive and carefully examined, evaluated, and followed up on. The most important factor is to make sure that the child is immediately protected and safety is provided. The physician is responsible for reporting, documenting, and providing the necessary information and exalted his or her expertise to investigate. It is up to the medical team to prevent abuse. Finally physicians must advocate that children who have a medical or mental problem receive the appropriate services and medications and continuity of
the case of rape, incest, known deformity, or grave danger to the life of the mother.” Dr.
Iannelli, Vincent, M.D. Facts about Child Abuse. N.p. 29 Jan. 2014. Web. 20 Feb 2014.
Child abuse is a social problem in America that has many contributed factors. Factors that contribute to child abuse and neglect includes poverty, divorce, substance use, lack of education, stress due to unemployment, mental health issues, teenage parent, and a history of child abuse in the family. It took decades for physicians to conclude that parents have been violently assaulting their children. Child abuse, child labor, juvenile delinquency, and similar social questions historically were ethical and moral problems, not strictly medical ones. (Helfer, Kempe, & Krugman, 1997). In 1962, the Journal of American Medical Association published “The Battered-Child Syndrome.” The article transformed society’s views and dates the rediscovery of child abuse as a social problem. Following this article, the U.S. Children’s Bureau adopted the first laws mandating physicians to report any suspicions of abuse and neglect to the police or child welfare. By 1974, some 60,000 cases were reported. In 1980, the number exceeded one million (Myers J. E., 2004).