Satawa Law, PLLC. recently has won another Title IX hearing, as the office for title 9 and institutional equity at University in Western Michigan “unanimously determined that the preponderance of evidence does not support a finding that the responded engaged in sexual assault or sexual harassment.”Read More

Call Today For Your Free Case Strategy Session. (248) 509-0056

 Satawa Law, PLLC

Flawed Prosecution in Medical Child Abuse Cases - Satawa Law, PLLC.

The prosecution of parents for medical child abuse in the United States, including Michigan, is undeniably flawed. In this article, we discuss this, as well as other related topics, including:

  • The subjective nature of how “too much” medical care is determined.
  • The double-edged sword many parents unknowingly hand over to prosecutors in these cases.
  • Steps you can take if you are being investigated for medical child abuse that can dramatically help your case.

Is The Prosecution Of Parents For Medical Child Abuse Around The U.S. And In Michigan Flawed?

The prosecution of parents for medical child abuse, both across the United States and in Michigan specifically, is seriously flawed. Even the basic of fundamental idea of medical child abuse to begin with invites misuse and exploitation.

The central flaw in the prosecution of these cases lies in the subjective nature of determining what constitutes “too much” medical care for a child to begin with. The line between appropriate concern for a child’s health, and going so far that it becomes medical child abuse is ambiguous.

Parents facing persistent health issues with their child, coupled with a lack of answers, continue to seek medical treatment and second (third/fourth/etc) opinions from multiple professionals, creating a challenging standard for what is considered excessive. What else is a parent reasonably supposed to do when they’re constantly told, “We can’t figure out what’s wrong with your child”?

The core concept of medical child abuse, where a parent is accused of abusing their child by seeking medical care too frequently, lacks clarity. This lack of a clear definition and objective criteria contributes to the flawed nature of these cases.

As a result of this, parents set themselves up for failure by inadvertently creating a track record that can be manipulated and used against them. The frequency of medical visits, specialists, and procedures becomes a timeline that, when scrutinized, can be, and often is, twisted as evidence of medical child abuse.

This situation is essentially sharpening and giving a double-edged sword to your eventual prosecutors. On one hand, parents are building a record that could be used against them. Yet, on the other hand, they are simply searching for answers, which increases the likelihood of being reported for medical child abuse. This is because seeking multiple opinions from different specialists carries the risk of eventually triggering an allegation of or investigation into medical child abuse.

The inconsistency in reporting practices among specialists adds something worth noting to the flawed system. While one specialist may not report a parent for excessive medical visits, another might, leading to an unpredictable and uneven application of the law.

What Should I Do If I Suspect I May Be Under Investigation For Medical Child Abuse After Frequently Bringing My Child To The Doctor?

Facing allegations of medical child abuse can be an overwhelming and distressing experience. Successfully making your way through the flawed prosecution in medical child abuse cases is no small feat, requiring a strategic and proactive approach. Here are some points that will help guide you through the process:

Cease Communication

Stop talking directly with doctors, nurses, social workers, CPS workers, or police officers the moment you sense the questions are shifting towards holding you responsible for the child’s condition. This may show itself by them asking you things like “Why are you at the hospital again?” or “What’s going on here?” instead of “What symptoms is your child experiencing?”

Immediately Seek Legal Representation

Hire a lawyer with expertise in medical child abuse cases. Make sure that the lawyer has experience not only in criminal defense but specifically in defending against allegations of medical child abuse.

Follow Legal Counsel Advice

Listen to your lawyer’s advice and follow their instructions diligently. If your lawyer advises you to stop talking to authorities, adhere to this guidance. Doing so requires tremendous self-control against a very natural desire — to explain that you, indeed, are not abusing your child.

Build a Detailed Health Timeline

Work with your lawyer to construct a comprehensive health timeline for your child. You should include all details since their birth that you possibly can, including all:

  • Illnesses
  • Injuries
  • Pediatrician visits
  • Specialist appointments
  • Surgeries
  • ER visits
  • Changes in diet
  • Other relevant health information

Back this timeline up with as much hard evidence as possible, such as medical records, photographs, text messages, emails, and any other documents supporting your child’s medical history.

In addition to this, begin documenting everything going forward. Create a health diary for your child. All of this information will help your lawyer present your case. This can help demonstrate how you went from simply trying to get answers about your child’s condition to how the medical child abuse system put you in its crosshairs and is accused you of child abuse.

If your lawyer does not advise you to create this sort of timeline, consider taking the initiative to do it on your own. If your lawyer does not support this approach, you may want to consider finding a lawyer who recognizes the importance of doing so.

For more information on Flawed Prosecution In Medical Child Abuse Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.

Mark Satawa

Call Today For Your Free Case Strategy Session
(248) 509-0056