Doctors hold a tremendous amount of information about you and your children. This information is sensitive, and doctors are bound by doctor-patient confidentiality rules to keep it private.
However, exceptions to those rules exist, and doctors frequently speak with the Department of Children and Families (DCF). The DCF investigations attorneys at Mark Sherman Law can limit the role of New Canaan doctors in DCF investigations.
Some situations require doctors to break confidentiality. Connecticut General Statutes §17a-101 makes health care professionals mandated reporters of suspected child neglect or abuse. Doctors violate the law if they suspect child abuse or neglect and do not report it to DCF or law enforcement.
Unfortunately, although doctors are highly trained professionals, they are not well trained in distinguishing neglect or abuse. Medical professionals are often overly cautious and may make unwarranted reports. DCF must investigate whenever a mandated reporter contacts them about suspected child abuse or neglect, which can lead to an unnecessary intrusion into your privacy.
Doctors also report parents for medical neglect. Connecticut defines medical neglect as a caretaker’s unreasonable refusal, failure, or delay to obtain medical care for a child.
It is left to the doctor’s discretion to decide whether a situation is reasonable or whether it is neglect. A doctor’s office may report medical neglect when a parent misses appointments, does not keep their child up-to-date on vaccines, or fails to fill a prescription or administer medication correctly.
If DCF contacts you about alleged medical neglect of your children, reach out to a New Canaan defense attorney before answering questions. A legal professional can help define the scope of the investigation and limit the private information you must share.
Doctors get involved in DCF investigations even when they do not make the initial report. DCF social workers always try to speak with the family’s doctor when they investigate suspected abuse or neglect.
At the first meeting, the DCF social worker will ask you to sign releases. When you sign a release, you waive confidentiality and give the doctor the right to share private information about you and your child with the DCF investigator.
You can tell the investigator you will not sign releases until you have spoken with a New Canaan attorney. In many cases, a legal professional can arrange for you to provide copies of your child’s health records to the investigator instead of signing a release. Handling the situation this way protects your privacy while ensuring the DCF worker has the information they need.
Sometimes, doctors believe they have evidence of physical child abuse. DCF is likely to rely heavily on the doctor’s opinion and may remove your children from your home while an investigation proceeds.
However, doctors sometimes make hasty conclusions about physical abuse and do not explore other possibilities before making a report to DCF. A New Canaan DCF defense lawyer will engage medical experts to review the records. They may propose other explanations that shed doubt on the original physician’s opinion.
Medical information is private and sensitive. You have the right to protect that information from disclosure to the greatest degree possible. Involving New Canaan doctors in DCF investigations risks unnecessary intrusion into your privacy.
Attorneys at the Law Offices of Mark Sherman will work to limit DCF’s access to medical information about you and your children. Read some of our verified Avvo reviews from past clients, and then contact us for help.
