When Doctors Say an Injury Doesn't Fit the Explanation
Some of the hardest cases I handle start in an emergency room. A child has a fracture or a head injury, a doctor says it's not consistent with the parents' explanation, and CPS is called.
Welfare and Institutions Code 355.1 creates a presumption in these cases. If competent professional evidence shows the child has an injury of a kind that ordinarily wouldn't happen except through a parent's unreasonable or neglectful acts or omissions, that is enough, on its own, to support a finding under 300(a), (b) or (d).
The presumption shifts the burden of producing evidence to the parent. It can be rebutted. Ways parents respond include:
ā¢ Independent medical experts. A second opinion from a pediatric specialist can identify medical explanations, such as bone conditions or birth-related injuries.
ā¢ A consistent, detailed account of what happened, given early
ā¢ Records showing the child's prior health and care
ā¢ Witnesses who saw the accident or the child's condition beforehand
In these cases, the first few days matter a great deal. Be careful about giving statements before you understand the medical findings, and talk to a lawyer as soon as possible.
If a hospital or CPS is questioning your child's injury, call me at (855) 472-7368 for a free consultation.