It’s a story that’s easy to miss in the post-Sandy,
post-Election Day, “fiscal cliff” news cycle, but one that will stick with you
for a while after learning about it.
New Jersey appeals court has determined that an emergency room doctor must
stand trial for failing to report to the Division of Youth and Family Services
that he treated a child who ingested cologne.
The 3-year-old patient, identified in court papers as “S.A.,”
was abandoned by her mother soon after birth in 1998. The Division (DYFS)
placed her in the care of her father two years later. She was brought to Jersey Shore University Medical
Center in Neptune in early 2001 by other relatives, who said that she was “walking
with an unsteady gait and was observed as lethargic and weak with an unusual
odor on her breath.”
From a layman’s standpoint, it appears that the emergency
room doctor, Daniel Yu, performed a thorough examination, leading him to
conclude (correctly) that the young child ingested cologne. She was treated and her extended family was
on its way.
Two months after the cologne incident, DYFS received a
disturbing report: S.A., still under her father’s care, had been severely burned
and beaten. She had chemical burns on
various parts of her body, including her vagina. At this point S.A. was removed from her
father’s custody by the Division. She
was later adopted by the plaintiff in this case, L.A.
v. DYFS, A-2726-11, who is identified as L.A. in court papers.
And in 2007, L.A. filed suit – not just against the
Division, which evidently had some history with the child’s family – but against
Dr. Yu and Jersey Shore University Medical Center. DYFS settled with L.A. for $5 million. No suit was filed against the child’s abuser.
N.J.S.A. 9:6-8.10 requires anyone who believes a child is
being abused or neglected to contact DYFS.
Mercer County Superior Court Judge Paul Innes didn’t believe that a
toddler ingesting a foreign substance was indicative of abuse. It’s the sort of thing that happens in the
happiest of homes from time to time, to the tune of at least 100,000
childhood emergency room visits each year.
The appellate court, however, disagreed with his assessment, and the
case will be going forward.
The medical community fears that if Dr. Yu and the hospital
are found liable, doctors and hospital staff will be pressured to report abuse
for tiniest of infractions, overwhelming a DYFS system that is already
overwhelmed and creating an adverse affect on children’s health and
well-being. The threat of DYFS
involvement may discourage parents from seeking immediate care when children
swallow things they shouldn’t, mask their child’s symptoms, or even deter them
from bringing their child to the emergency room altogether in order to avoid
the legal scrutiny and uncertainty to follow.
The need to reform our legal system isn’t just about the
taxes we pay or improving New Jersey’s economy.
It’s also about injecting common sense into real-life situations we all
So, should the doctor and hospital be found liable of
malpractice for not reporting that a toddler drank cologne to DYFS, you may
want to prepare yourself for a barrage of questions the next time you take your
kid to the E.R. for sticking a LEGO in his ear.