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Failure to Report Abuse Not Grounds for Malpractice

According to a Marion County judge, a doctor who was accused of not reporting a suspected case of child abuse cannot be sued for medical malpractice.

Reports say that Dr. Chris Loman was facing a lawsuit in Indiana for not informing child services that a minor patient was being abused at home. The law in the state requires that doctors report abuse or suspected abuse. Loman examined Jayden Noel, then 1-year-old, for a cut on his lip and bruises on his face in July 2011.

The child was beaten to death in January 2012.

Marion Superior Judge Timothy Oakes cited a lawsuit that was dismissed by the Indiana Court of Appeals. In that case, the high court determined that state law does not allow people to sue for a failure to report physical abuse.

The prosecuting attorney wants to see state law changed. Attorney Mike Woody said, “Doctors who commit malpractice by not managing child abuse appropriately should be subject to being held accountable just like they are for any other acts of medical negligence. The most important thing is that when it comes to the diagnosis and treatment of child abuse, child safety has to be the primary concern.”

The child’s mother has said in an affidavit that if the doctor had informed her that he suspected physical abuse, she never would have left her child alone with Ryan Worline, her then-boyfriend and her son’s killer.

If you believe that you have been the victim of medical negligence or error, call our team of medical malpractice attorneys. We will review the details of your injury at no cost to you and advise you of your options.

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