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Liabilities of a Physician Confronted with Child Abuse.

Authors :
Vansweevelt, Thierry
Source :
European Journal of Health Law. Jun2013, Vol. 20 Issue 3, p271-288. 18p.
Publication Year :
2013

Abstract

Several research questions raises when physicians are confronted with a possible case of child abuse. First, there is a problem of professional secrecy. In most European countries, physicians have the right to speak when confronted with a state of emergency. In other countries, physicians have a duty to speak and alert the police when the life or physical integrity of a person is at stake. A second topic to be discussed involves the possible liability of physicians who do not report child abuse. By not reporting a case of possible child abuse, the physician is respecting the family life of the parents, even though the child might continue to suffer damages. Third and essentially, I analyse the possible liability of physicians who do inform the prosecutor of a suspected child abuse. Specific criteria are elaborated to establish negligence when physicians report child abuse to the prosecutor. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09290273
Volume :
20
Issue :
3
Database :
Academic Search Index
Journal :
European Journal of Health Law
Publication Type :
Academic Journal
Accession number :
89700935
Full Text :
https://doi.org/10.1163/15718093-12341273