Public Health Law Map - Beta 5 - Medical and Public Health Law Site

support within the limits of their ability. If a child appears to lack any of these
necessities, the physician should be involved in finding out why. If the family is in
crisis and lacks the resources to provide for the children, local social service agencies
should be contacted to assist. A church food bank may be able to provide food until
the family is eligible for food stamps, or a shelter for the homeless may be able to
take them in until housing becomes available. Most public hospitals have social
workers on staff who can help with such problems.
If the parents have the resources to care for a child properly but choose not to, they
are neglecting that child. This includes parents who do not have adequate resources
but refuse necessary social services for personal reasons. Parents who are disabled or
emotionally disturbed may be incapable of caring for a child properly. In such
situations, a report should be made to the child protection agency. If the parents have
good intentions but difficulty coping, then protective services may be able to help
them find the necessary community support. If the parents are not willing or able to
meet the needs of the child, the protection agency may have to remove the child from
the home.
3. Defending the Child
Because a parent or guardian is the one who consents to medical care for a child and
pays for the care, it is easy to forget that the physician–patient relationship runs to
the child rather than to the parents. Physicians who have reason to think that a child
is in danger should pursue all avenues of protection for that child. Physicians should
be prepared to testify in court proceedings and to work with protective services. If
the child is returned to the custody of an abusive parent under a restrictive order, the
child’s physician should know the conditions and should contact protective services
if there is any indication that the order is being violated.
If the child protection agency does not intend to pursue the case, a reporting
physician should ask for a reasonable explanation of the injuries or conditions that
led to the suspicion of child abuse. If the explanation is unsatisfactory or incomplete,
the physician should discuss this fully with the person in charge of the agency.
Clearing up misunderstandings may save a child’s life. The agency may also give
more attention to a case in which a physician has serious concerns. Since the agency
is not a court and must ask for court orders in serious cases, the support of the child’s
physician may help them to convince the judge that legal actions are needed.
4. Dangerousness Due to Mental Illness
In the landmark decision, Tarasoff v. Regents of University of California, the
California court established the duty of medical professionals who know a patient is
dangerous to prevent that person from harming third parties. In Tarasoff, [Tarasoff v.
Regents of Univ. of Cal., 551 P.2d 334 (Cal. 1976)] a patient told his psychologist
that he planned to kill his girlfriend, Tatiana Tarasoff. The psychologist, who was a
counselor at the University of California, believed the patient and notified the
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