Doctors required to report child abuse even if evidence is less than conclusive

In a case which is designed to protect children in NJ from abuse, the Appellate Court now requires doctors treating children to report abuse  if the physician has a “reasonable cause to believe that a child has been subjected to child abuse.”  The decision in L.A. v New Jersey Division of Youth and family Services, the appellate panel reasoned that if the medical exam of the child or the necessary treatment gives the doctor “reasonable cause to believe that there has been abuse” then the duty to report is triggered.  The doctor must be able to make a probable inference that the child’s conditioon  is the result of child abuse.  While clearly well intentioned, imposing such a standard of care on doctors requires them to make potentially life altering reports for the child and the parents even if the suspicion of abuse is not the most probable cause of the injuries sustained by the child.  The required level of belief lies somewhere below abuse being the most probable cause and slightly more compelling than a mere suspicion or speculation.