Immunity extends to underlying diagnoses

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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.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...