NC: did report of child abuse trigger suit?: Judgment entered for defendants affirmed.(Hospital Law Decisions of Note)

CASE FACTS: On the evening of April 15, 12003, Ajamu Gaines, Jr., a minor, was brought to the ER at Cape Fear Valley Medical Center by his mother Wyenda Phelpos, with a wrist fracture reportedly sustained from falling or jumping off a porch. An x-ray of the wrist was taken and reviewed by Dr, Beverly Davis. It was determined that orthopedic assistance would be required. The hospital called Dr. Karen Jones, an orthopedic surgeon. Dr. Jones determined that surgery would be necessary. Ajamu was transferred to the operating room. During surgery, Ajamu vomited, which caused the anesthesiologist, Dr. Elizabeth Schader, to order a chest x-ray to rule out possible aspiration pneumonia. Dr. Jones ordered a chest x-ray for the same reason. Dr. Schalder reviewed the chest x-ray and reported that the films were clear. Dr. Davis also read the x-ray and reported that the lung fields were clear. Dr. Davis relied on Dr. Schader's review of the x-ray. Because Ajamu vomited during surgery, Dr. Thomas Tetzlaff, a pediatrician, was consulted to confirm that Ajamu was not at risk of developing aspiration pneumonia. Dr. Tetzlaff ordered another chest x-ray to verify that Ajamu had not developed aspiration pneumonia. The x-ray was clear and showed no signs of aspiration Ajamu was discharged on April 16, 2003. On July 3, 2003, Ajmau returned to the hospital with a severe head injury. It was reported that earlier that day he was eating ice cream and began shaking on the floor. It was also reported that he had hit his head falling or jumping off a counter a week earlier. On the night of July 10, 2003, Dr. Sharon Cooper examined Ajamu and reviewed his records. Dr. Cooper suspected child abuse and reported Ajamu's case to the Department of Social Services (DSS). DSS began an investigation. On July 17, 2003, Amaju's parents filed a complaint against defendants Cumberland County Hospital System, Inc., a/k/a Cape Fear Valley Health System and/or Cape Fear Valley Medical Center; Cape Fear Orthopaedic Clinic, P.A.; Karen Jones M.D.; Thomas Tetzlaff, M.D.; and Johnny Kegler, a/k/a Jason Wills. The plaintiffs filed an amended complaint adding a radiology group, Beverly Davis, M.D., and alleged that all defendants were negligent in that they "failed to discover or diagnose ... prior abuse and/or neglect of Ajamu despite the availability of existing evidence that would give rise to a suspicion of such abuse and neglect. The plaintiffs further alleged that there was a causal link between the defendants negligence and Ajmau's injuries. The trial court granted the defendants' motion for summary judgment. The plaintiffs appealed.

COURT'S OPINION: The Court of Appeals of North Carolina affirmed the trial court judgment for the defendants. The court held, inter alia, that the plaintiffs failed to establish an essential element of their case--causation. Gaines v. Cumberland Hospital System, 2009-NC-0218.366 (2/17/2009)--NC

Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law Practicing law for over 40 years. he concentrates in health care law with the Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's. Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers. Marquis Who's Who in American Law, Who's Who in America and Who's Who in the World.

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