We met with Ted Baron the assistant supervising attorney in the
Brooklyn division of the New York City Children’s Services. He explained
the differences between Criminal court and Family court with some great
examples.
In the criminal court, it’s the defendant vs society with the
focus being on the defendant. Robert Blake was found “not guilty” but
was he found innocent? Definitely not. In family court the focus is
shifted to the child and what is best for them. We discussed the concept
of preponderance (what’s more credible than not) as a concept used in
family court as opposed to the burden of proof in Criminal court.
We also discussed other Family court dilemmas, such as ‘minimal
degree of care,’ and how court terms are not always black and white.
When does the court need to interfere with family relations? What is the
threshold? The answer is not always obvious. Since focus in family
court is the child, the goal of Family court is not to punish someone
but to make sure that the child is safe. As such, in family court, the
term Defendant isn’t used. Instead, the party is referred to as
Respondent. The focus is on the disposition - what to do with the child?
And there are two important issues to consider: the child needs both
safety and permanency.
So what’s our role as physicians? as mandated reporters? It’s not a
responsibility to take lightly. We discussed what can happen when a
physician misses or fails to report a case of abuse. One case that took
place at Woodhull Hospital, when a Dr failed to report a case and the
patient subsequently died, made quite the impression on us. Not so much
that he had to testify in court and made himself look negligent in the
public eye, but more personally. We could not imagine the guilt that he must
feel knowing that, had he taken a few more moments to evaluate the
situation, a life could have been saved.
As physicians, we need to be vigilant and use common sense when
evaluating a patient’s injuries and interacting with their family. We
should show humility and ask for a second opinion if need be. Otherwise,
we should always document well by being descriptive when describing
markings and quoting the children. A complete chart speaks for itself
and will often make a court appearance by the doctor unnecessary.
Finally, we shouldn’t be worried about reporting a case thinking that it
will waste our time because court isn’t a waste of time, it serves a
purpose. Just as we can save a life in a hospital, we can also save one
in court.