Manifold v. Ragaglia

CHILD ABUSE REPORTING IMMUNITY

Manifold v. Ragaglia, No. 17150 (Conn. Dec.
28, 2004)

The Supreme Court of
Connecticut found that a physician who conducted an examination of a child
at the request of a state agency to determine if the child had been abused
was entitled to immunity from liability. The child had been taken to a hospital
emergency room after a social worker discovered extensive bruising on his
body. The physician in question concluded that the injuries could be the
result of child abuse and should be investigated further, without ordering
any blood tests to rule out medical explanations for the bruising. As a result,
the child was temporarily placed in the custody of a foster home. Later,
it was discovered that the child had a medical condition that caused the
bruising. The parents sued, alleging that the physician had been negligent
in failing to order blood tests, and alleging further that the physician
was not entitled to statutory immunity under the Connecticut child abuse
reporting statute because he was not an “initial reporter” of
child abuse when conducting an examination at the request of a state agency.
The court disagreed, finding that both public policy and the plain text of
the statute entitled the physician to immunity.