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Confusion About Abuse Reporting Requirements Paralyze Healthcare Workers

Posted by Joseph D. Lento | Oct 25, 2024 | 0 Comments

Two young girls in Pennsylvania sought care at local hospitals following physical and sexual assaults, but no one informed law enforcement. Now, the public has questions.

Pennsylvania law classifies healthcare workers as mandated reporters who must report suspected instances of abuse against minor patients. But with many things in life, it isn't always straightforward. If a dozen or more nurses and staff members interact with a patient, who is responsible for making a report, and when is the right time to do so? The law's wording is clear, but how it plays out in reality is a different story.

When mandatory reporters fail to make a report, they can face misdemeanor or even felony charges. The LLF Law Firm doesn't believe hard-working healthcare workers should be punished due to fluid, confusing situations on the job. Our Criminal Defense Team can assist mandatory reporters in all professions when accusations of reporting failures threaten their freedom and careers. Call today at 888.535.3686 or contact us through our website to speak to our Criminal Defense Team and protect your name.

Who Typically Files Child Abuse Reports?

Every year in Pennsylvania, mandatory reporters make tens of thousands of reports of suspected abuse through the state's ChildLine system. That is a significant number, but the stats would skyrocket if every single healthcare worker reported every instance of abuse they saw.

When you enter a hospital, very few workers you see are not mandated reporters. To prevent one case from resulting in hundreds of calls, hospitals typically place responsibility for reporting abuse on specific staff members, such as social workers who interact with children.

How Reports Can Fall Through The Cracks

If a mandated reporter sees evidence of abuse while surrounded by a dozen or more colleagues, it is often tough to understand who will make the report. That is certainly true for the healthcare workers at these two local hospitals, with both groups undergoing further training outlining the responsibilities of mandated reporters in the state. The law requires mandated reporters to undergo training, but how can healthcare workers truly understand their legal responsibilities if this training is lacking?

That being said, confusion does not eliminate someone's legally required duties, and healthcare workers who fail to make a report may face punishment once law enforcement learns of their inaction. As a healthcare worker and mandated reported, you may face legal consequences if you:

  • Are the worker assigned to report to ChildLine, but you fail to do so after learning about potential abuse of a patient.
  • Are accused by a fellow worker of claiming responsibility for making the report.
  • Are the primary responding healthcare worker, but you fail to document evidence of abuse or do not pass along this information to relevant parties.
  • Volunteer to report the abuse but forget to do so later.

According to current news reports, no mandated reporters at the two Pennsylvania hospitals were charged criminally for these mistakes. However, that doesn't mean it wasn't a possibility. Punishments are usually more severe if this is not someone's first instance of failing to report. If you are facing potential criminal penalties, call the LLF Law Firm today.

The LLF Law Firm Criminal Defense Team Defends Healthcare Workers in PA

Working in a hospital or emergency room is a stressful job. Mistakes should be avoided at all costs, but it isn't unusual for some things to get lost in the hustle and bustle.

The LLF Law Firm can defend your name if accusations come your way, highlighting the confusion and uncertainty surrounding these situations. Call today at 888.535.3686 or fill out our confidential online form to get started on your defense.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

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