Domestic Violence, with a special focus on Human Trafficking

Florida Law on Mandatory ReportingFlorida law does not require the specific reporting of “domesticviolence” or “human trafficking.” However, Chapter 790.24,Florida Statutes, requires that a physician who is “knowinglytreating any person suffering from a gunshot wound or lifethreateninginjury indicating an act of violence, or receiving arequest for such treatment, shall report the same immediatelyto the sheriff’s department of the county in which saidtreatment is administered or request therefore received.” Thephysician must have had actual knowledge of the violence asopposed to mere suspicion. This means that if a domesticviolence or human trafficking victim has a gunshot or lifethreatening injury as described, physicians must report thatinjury, just as they would for any other person suffering thesame injury. Should the physician knowingly treat such awound, he or she is obligated to report this fact to the sheriff’sdepartment.One of the important things to remember is that it is critical fora physician to screen for and identify domestic violence. If aphysician does not feel comfortable responding in detail to apatient who discloses domestic violence, a staff person shouldbe trained to work <strong>with</strong> that patient, to support her, and toprovide her <strong>with</strong> information about the local domestic violencecenter, where counseling and other services are available.One case was successfully settled by a domesticviolence survivor/plaintiff who sued the hospital aftera physician and the hospital failed to properly screenthe domestic violence victim and, among other things,notice evidence of repeated physical abuse. She alsoalleged that they failed to assess the abusive behaviorof her boyfriend while at the hospital which wouldhave allowed them to see that she was in imminentrisk of danger. After the hospital discharged her, theboyfriend doused her <strong>with</strong> gasoline and set her onfire. She suffered severe injuries, and lived. In short,she alleged that the hospital neither met numeroussafety standards nor did it comply <strong>with</strong> appropriatedomestic violence hospital protocols. [19] Also, in a2009 case, the court determined that a suit couldproceed against a hospital for discharging a husbandwho killed his wife soon after being discharged. Thehospital had potential liability for failing to screen orstabilize the husband in violation of the EmergencyMedical Treatment and Active Labor Act. [20]Even though these cases were not in Florida,physicians must be aware of potential legal problemsassociated <strong>with</strong> the failure to comply <strong>with</strong> a legalobligation to report domestic violence.Regarding the reporting for child, elder or vulnerable personabuse, Chapter 415, Florida Statutes, states that any physician“who knows or has reasonable cause to suspect” that a child orelderly person is abused must report this fact to the Departmentof Children and Families. (The number for reporting is 800-96-ABUSE.) An elderly person is defined as anyone aged 60 orolder. The physician’s name will not be given to the accusedbut may only be used by the Department of Children andFamilies and the State Attorney as they investigate theallegations of abuse. Again, it is possible that a domesticviolence or human trafficking victim will be reported in thesecases, too. For instance, many victims of human trafficking areminors and if a physician suspects that a child under his/hercare is being trafficked, he/she must call that abuse into theHotline.Some states have passed laws that require a physician to reportdomestic violence when he or she becomes aware of it in arelationship. However, mandatory reporting of suspected orconfirmed abuse is strongly opposed by many and can haveunintended consequences, including the following:1. Deterring a woman from confiding in her physician orfrom seeking care.2. Inhibiting providers from screening patients for abuse.3. Impairing a woman’s ability to plan and negotiate a safeexit for herself and her children. [21]4. Threatening the essential tenet of a physician-patientrelationship - confidentiality.For contact information about <strong>Domestic</strong> violence resources in your area, go to www.fmaonline.org/domestic_violence_info.aspxwww.fmaonline.org<strong>Domestic</strong> <strong>Violence</strong> in Florida: <strong>special</strong> <strong>focus</strong> on human trafficking9