ERIC Number: ED158442
Record Type: RIE
Publication Date: 1977
Reference Count: 0
Civil Liability for Failing to Report Child Abuse.
Lehto, Neil J.
Detroit College of Law Review, v1977 n1 p135-66 1977
The article examines the Landeros decision (which ruled that a doctor who fails to report a child abuse victim can be held liable for subsequent injuries inflicted on the child) and discusses three theories of proving civil liability for the failure to report child abuse victims. Addressed are the following topics: the problem of child abuse and reporting laws, the fact and issues of the Landeros v. Flood court case, medical malpractice for the failure to report child abuse, defining the statutory duty to report, statutory negligence for failing to report child abuse, liability per se for the violation of mandatory reporting laws, the proximate cause problem and reporting laws and due process. A widespread and continuing public and professional education and training program is suggested instead of approaches which involve toughening civil, criminal, or administrative penalties. (SBH)
Publication Type: Journal Articles
Education Level: N/A
Authoring Institution: N/A