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Med Mal News

By ALM Staff | Law Journal Newsletters |
June 02, 2014

Reporting Not Mandatory: No Reasonable Suspicion of Child Abuse

New Jersey's Supreme Court has ruled that a doctor and hospital that did not inform social services of possible parental abuse or neglect, even though the only indication of such was that a child had ingested some cologne, did not run afoul of the State's mandatory child-abuse reporting statute.

In January 2001 a two-year-old child was brought to the emergency room at Jersey Shore University Medical Center in Neptune, NJ. She was lethargic, walking erratically, vomiting and her breath smelled of something unusual. Her blood alcohol level was .035 %. The child was diagnosed by emergency room doctor Daniel Yu as having consumed some cologne. The little girl was treated and released from the hospital a few hours later. Child welfare authorities were not contacted concerning any suspicion of child abuse or neglect.

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