Child Abuse and Neglect & Related Lawsuits
Most injuries to children are accidental, but some injuries arise from intentional misconduct. Child abuse may take physical or emotional forms, and adults also may perpetrate sexual abuse against children. Abuse is a traumatic experience for a child that may leave lasting scars. Child neglect also can cause significant harm and is often considered a form of abuse. This involves failing to meet the basic needs of a child, such as their needs for food, clothing, shelter, supervision, education, or medical care.
When someone other than a parent perpetrated abuse or neglect, parents may have a legal claim against an at-fault person or entity. A successful lawsuit could recover compensation for financial losses arising from the misconduct. These may include past, present, and future medical costs, such as therapies, medications, surgical procedures, hospital stays, and psychiatric counseling. If a child suffers a permanent disability due to abuse or neglect, they may be able to recover damages for loss of earning capacity and other long-term harm. In addition, compensation may account for the subjective harm that the child endured, such as their pain and suffering and emotional distress.
Reporting Child Abuse or Neglect
Anyone who believes that a child may be experiencing abuse or neglect can and should report their concerns to the authorities in their state. They also can call the Childhelp National Child Abuse Hotline, which provides 24/7 crisis counseling and referrals to useful resources. A person should not wait until they are certain that abuse or neglect is affecting a child. As long as they have a reasonable suspicion of abuse or neglect, they should contact the authorities. The report should thoroughly describe the events and circumstances from which the suspicion arose. After the report is filed, child protective services or a similar agency will review the report and decide whether to launch an investigation.
Certain people are required to report child abuse and neglect when it comes to their attention. State laws define mandatory reporters in varying ways, but often they include teachers, school administrators, child care providers, health care professionals, social workers, and law enforcement personnel. Many states have expanded the scope of mandatory reporters in recent years. In some states, virtually everyone is a mandatory reporter. A person who is required to report child abuse or neglect but fails in this duty may face criminal penalties, including imprisonment and fines. If someone knowingly makes a false report, on the other hand, they also may face penalties.
Lawsuits Based on Failing to Report Child Abuse or Neglect
When a mandatory reporter has a reasonable suspicion of child abuse or neglect but does not file a report, they may face not only criminal charges but also civil liability. Parents bringing this type of claim would need to show that their child suffered further injuries because the mandatory reporter failed to perform their duty. Even if the mandatory reporter does not get convicted, a civil lawsuit still may succeed because the evidence does not need to be as overwhelming for civil liability as it does to get a criminal conviction.
In some cases, a child might suffer injuries because a mandatory reporter failed to report abuse or neglect of a different child. A lawsuit might argue that reporting the abuse of the first child, as required by law, would have forestalled the injuries to the second child because the perpetrator would not have been in a position to abuse them.
