AAPL Landmark - Child Abuse Reporting Flashcards
Can a physician who fails to diagnose battered child syndrome be found liable for subsequent injuries to the child?
Yes.
Landeros v. Flood (1976). The California SC found that a reasonable jury could have found that failure to diagnose the patient correctly and alert the proper authorities - as mandated by California’s reporting statute - ultimately resulting in harm to the child
Must a psychotherapist violate a patient’s confidentiality if that patient discloses evidence of child abuse that the therapist has already reported, based on the same information obtained from another source?
No.
People v. Stritzinger (1983). California SC
Does a state have a constitutional obligation to protect a minor from violence perpetrated by a private citizen?
No.
Deshaney v. Winnebago (1989). Wisconsin. The USSC held that the Due Process Clause of the 14th Amendment does not require a state to provide protection to the general public and that the state’s due process duties are not so far-reaching as to impose duties to provide protection from violence by private actors.
