Siegel places the case in the context of the development of child abuse law, and particularly the development of the use of battered child syndrome as a viable way to prove abuse in child murder cases.
22.
Phillip L . Walker, an anthropologist at the University of California, Santa Barbara, said the " battered child syndrome " he commonly encounters in forensic work is absent in the skeletons of ancient American Indian and European children.
23.
In 1962, Dr . Kempe and Dr . Brandt F . Steele published the paper, " The Battered Child Syndrome . " Publishing this paper led to the identification and recognition by the medical community of child abuse.
24.
"I found an agency that, with no disrespect to my predecessors, was demotivated, defensive and unconfident, ", Gioia said . " It had been under continual assault for about 15 years, and it was suffering from the institutional version of battered child syndrome.
25.
The decision in Landeros v . Flood was the first time that a cause of action was established to exist in favor of a battered child against a physician who negligently failed to diagnose the battered child syndrome or to comply with an applicable reporting statute.
26.
Plaintiff's theory is that in the circumstances of this case the fracture, the bruises, and the lack of an explanation offered by her mother are themselves indicia of the underlying battered child syndrome of which plaintiff was the victim, and it was that condition which defendants negligently failed to diagnose and treat.
27.
Appellant minor argued trial court error in sustaining the demurrer of appellees, doctor and hospital, to her malpractice suit against them, because issues existed as to whether they had a duty to recognize a case of battered child syndrome that was to be reported to authorities, and whether their conduct proximately caused appellant's injuries.
28.
The question is whether a reasonably prudent physician examining this plaintiff in 1971 would have been led to suspect she was a victim of the battered child syndrome from the particular injuries and circumstances presented to him, would have confirmed that diagnosis by ordering X-rays of her entire skeleton, and would have promptly reported his findings to appropriate authorities to prevent a recurrence of the injuries.
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