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Appellate Court Rules on DCFS Case |
When physicians are asked by the Illinois Department of Children and Family Services (DCFS) to assist in child abuse investigations, they are protected from malpractice liability under the Abused and Neglected Child Reporting Act.
But when psychiatrist George Winny, M.D., was hit with a malpractice lawsuit after conducting a mental health exam on a minor as part of an abuse investigation, DCFS initially refused to back him up. DCFS declared that physician immunity from liability was valid for only 60 days after conducting an exam, and since the lawsuit was filed after that period, Dr. Winny was on his own.
In Circuit Court, Dr. Winny appealed for summary judgment, declaring that he was immune from litigation because he assisted a child abuse investigation. The Circuit Court refused to grant that motion, however, and asked the Appellate Court to rule on the validity of physician immunity.
Alarmed by DCFS' unwillingness to support a physician who assisted an abuse investigation, the Illinois State Medical Society filed a "friend of the court" brief in support of Dr. Winny. As it turns out, DCFS agreed to sign on to ISMS' friend of the court brief, declaring their refusal to support the physician was in error and won't happen again.
The Appellate Court finally issued a decision in January 2002, clarifying the physician immunity issue with mixed rulings. The good news is that the Appellate Court upheld physician immunity for evaluating abuse allegations. The bad news is that any medical treatment given to a minor, beyond the investigation of abuse, is not protected from malpractice litigation.
Illinois physicians should take comfort in DCFS' reiteration that they are committed to shielding physicians who assist in child abuse investigations. Nonetheless, they must be mindful of the limits of physician immunity in child abuse investigations, and apply the same risk management techniques they use in their own practices when treating minors in the custody of DCFS.