Mandated Reporters.. A few ?s

[DeeCee1968]

- Connecticut -
I have read a few posts regarding mandated reporting and how a reporter is protected by law, so my question has changed. I also was not sure where to post this question- if I need it moved elsewhere for more help, please let me know.
My 1st question would be - If a mandated reporter IS MALIOUS OR PREJUDICE how would you prove it? As I have read is seems that a report can only be looked at as false if one of these things has accured. I guess I am asking what evidence would I need to support that I felt the DR was not reporting legitematly.
2nd question is- if the DR refused to seek further proof of an injury- such as more xrays, another person viewing the medical evidence- would that be considered OK in making a report to DCF (children services in CT).
3rd question- which I feel may be the only question is - If a DR misread an xray, did not seek further medical evaluation, and did not ask to speak with the involved parties - is he legally bound to make a report with out any further evidence?
I am guessing that DRs have to follow law or be held accountable if an injury was abuse and they did not report it? BUT shouldn't a DR try to rule out abuse or neglect before doing that to someones family?
I will briefly tell you the situation:
My children were playing tag outside, my daughter who is two was chasing the older kids and my 12 year old fell on her, when she was tagged. Xrays were done and showed fractures on the top of her right foot.
Than the DR says but there is one thing that concerns me, it looks like a fracture in her knee, that is about a week or more 'old'. This fracture wuld have caused extreme pain, so have you seen your daughter upset or saying her leg hurts? We replied no, or she would haev been brought in.
He asks again, what happened to her that night. we explained again. Than he says well he has to call DCF because no one can explain the 'break' in her knee.
She was taken to a childrens hospital and they said nothing was wrong and two year olds have growth plates there, and they felt the dr should have done another xray to her leg, as these growth plates move and very often look like broken bones.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[perroloco2]

Originally Posted by DeeCee1968

- Connecticut -
I have read a few posts regarding mandated reporting and how a reporter is protected by law, so my question has changed. I also was not sure where to post this question- if I need it moved elsewhere for more help, please let me know.
My 1st question would be - If a mandated reporter IS MALIOUS OR PREJUDICE how would you prove it? As I have read is seems that a report can only be looked at as false if one of these things has accured. I guess I am asking what evidence would I need to support that I felt the DR was not reporting legitematly.
2nd question is- if the DR refused to seek further proof of an injury- such as more xrays, another person viewing the medical evidence- would that be considered OK in making a report to DCF (children services in CT).
3rd question- which I feel may be the only question is - If a DR misread an xray, did not seek further medical evaluation, and did not ask to speak with the involved parties - is he legally bound to make a report with out any further evidence?
I am guessing that DRs have to follow law or be held accountable if an injury was abuse and they did not report it? BUT shouldn't a DR try to rule out abuse or neglect before doing that to someones family?
I will briefly tell you the situation:
My children were playing tag outside, my daughter who is two was chasing the older kids and my 12 year old fell on her, when she was tagged. Xrays were done and showed fractures on the top of her right foot.
Than the DR says but there is one thing that concerns me, it looks like a fracture in her knee, that is about a week or more 'old'. This fracture wuld have caused extreme pain, so have you seen your daughter upset or saying her leg hurts? We replied no, or she would haev been brought in.
He asks again, what happened to her that night. we explained again. Than he says well he has to call DCF because no one can explain the 'break' in her knee.
She was taken to a childrens hospital and they said nothing was wrong and two year olds have growth plates there, and they felt the dr should have done another xray to her leg, as these growth plates move and very often look like broken bones.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

The doctor did nothing wrong besides misinterpreting an x-ray. He isn't required to confirm his suspicions of abuse or investigate it, as you're suggesting. He is only required to report it.

It's unfortunate that this happened to your family, but I would rather have doctors err on the side of caution, than to fear any kind of consequence for making a mistake and possibly allow a child to slip through the cracks.