More legal stuff...

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.