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Verdicts
Appeals Court Permits Med-Mal Suit Based on Failure to Follow Law
Pennsylvania's Superior Court has reversed and remanded a Lancaster County Court of Common Pleas decision which erroneously held that a child with suspicions of abuse who suffers additional abuse after being seen by doctors has no right of action against the recalcitrant doctors because the state's Child Protective Services Law (CPSL) does not explicitly provide for a civil remedy. K.H. v. Kumar, PICS No. 15-1362., 2015 PA Super 177 (8/25/2015).
The child at the center of the case was allegedly treated on several occasions by six doctors who failed to identify or report his injuries as stemming from child abuse. He was eventually found unresponsive in his crib, having suffered shaken baby syndrome. The victim now has permanent brain damage and accompanying seizure disorder, and his father has been convicted of felony child abuse.
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