ILNews

Immunity extends to underlying diagnoses

Back to TopE-mailPrintBookmark and Share

In a matter of first impression, the Indiana Court of Appeals concluded that a hospital's statutory immunity for reporting suspected child abuse to authorities extends to its underlying diagnosis.

In Anonymous Hospital v. A.K., et al., No. 45A03-0901-CV-2, on interlocutory appeal, the Court of Appeals today reversed the trial court's denial of the hospital's petition for preliminary determination of law and motion for summary judgment on a family's medical malpractice claim. The parents of infant daughter S.K. filed the claim after lab analysis of a urine sample of S.K. showed sperm present in her urine. The parents brought S.K. to the hospital due to an unexplained fever. Based on two samples that showed sperm, hospital personnel contacted the local child protection services and police.

S.K. was admitted and a third sample taken the next day did not contain any sperm. CPS investigated the situation and allowed her to be discharged. S.K.'s 12-year-old stepbrother was questioned and counseled because he admitted he had masturbated, not cleaned himself, and then held his sister while she was naked. As such, the lab results were accurate, but there was no abuse found.

The parents argued the hospital committed the malpractice by negligently testing the urine samples and reporting the results to authorities before confirming the accuracy of the results. They claimed reporting an allegation of child abuse without being sure would rebut the presumption of good faith.

The appellate judges disagreed, believing the immediate reporting suggested the hospital had a good faith belief S.K. was in immediate danger, wrote Senior Judge Betty Barteau.

The parents also argued the hospital's immunity should be limited to the report of suspected abuse and shouldn't extend to the underlying diagnosis. Turning to other jurisdictions' rulings on this matter, the appellate court concluded Indiana Code Section 31-33-6-1 provides immunity for any individual making a report, as well as anyone participating in any actions that cause the report to be made.

"The phrase 'causes to be made' in the statute necessarily includes the examination, testing and diagnosis of the child by health care providers," the judge wrote.

The purpose of the child abuse reporting statute is to encourage effective reporting of suspected abuse or neglect, provide prompt investigations, and protect children. The legislature's stated goals are better met when individuals attempting to comply with the reporting statute can do so without the fear of civil liability, Judge Barteau continued. If not, it would have a chilling effect on the reporting of child abuse.

"Health care providers would be placed in a 'Catch 22' - report the suspected abuse and be subject to civil liability, or fail to report the suspected abuse and be subject to criminal liability. This illogical result cannot be what our legislature intended," she wrote.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT