Citation

Vansweevelt T. Eur. J. Health Law 2013; 20(3): 271-288.

Affiliation

University of Antwerp, Antwerp, Belgium. Thierry.vansweevelt@ua.ac.be

Copyright

(Copyright © 2013, Martinus Nijhoff Publishers)

DOI

unavailable

PMID

23984493

Abstract

Several research questions raises when physicians are confronted with a possible case of child abuse. First, there is a problem of professional secrecy. In most European countries, physicians have the right to speak when confronted with a state of emergency. In other countries, physicians have a duty to speak and alert the police when the life or physical integrity of a person is at stake. A second topic to be discussed involves the possible liability of physicians who do not report child abuse. By not reporting a case of possible child abuse, the physician is respecting the family life of the parents, even though the child might continue to suffer damages. Third and essentially, I analyse the possible liability of physicians who do inform the prosecutor ofa suspected child abuse. Specific criteria are elaborated to establish negligence when physicians report child abuse to the prosecutor.

Language: en