When a Medical Condition Is Mistaken for Child Abuse
You take your child to the doctor because you’re worried. The next thing you know, you’re being investigated for child abuse. This happens more often than you think. Sometimes a child has a rare bone disorder, a genetic issue, or a serious vitamin deficiency. All of these can lead to fractures, bruises, or internal injuries that might look like abuse. If a doctor doesn’t look past the obvious, innocent parents can get charged with felonies, dragged through DCF investigations, and end up fighting not just for their children, but for their freedom.
Medical Conditions That Get Mistaken for Abuse
As Florida criminal defense lawyers, we see this a lot. Well-meaning doctors mistake legitimate medical conditions for signs of abuse. Here are a few of the conditions that can be mistaken for abuse:
- Osteogenesis Imperfecta or Brittle Bone Disease: It affects the strength and structure of bones, making them break easily from very minor injuries or for no apparent reason.
- Ehlers-Danlos Syndrome: A connective tissue issue that leads to easy bruising, loose joints, and fragile skin.
- Vitamin D Deficiency: Low calcium absorption can lead to a child’s bones getting too weak. When this happens, even ordinary handling can cause fractures.
- Choledochal Cyst: This rare congenital problem affects the bile ducts and can cause pancreatic and stomach injuries. On an X-ray, it can look like blunt force trauma.
- Hemophilia and Other Bleeding Disorders: These conditions can cause unexplained bruising or internal bleeding that looks like inflicted injury.
What’s at Stake in Florida
If you’re charged under Florida Statutes section 827.03, you could be looking at serious prison time. Aggravated child abuse is a first-degree felony and carries a prison sentence of up to 30 years.
Apart from facing criminal penalties, the Department of Children and Families (DCF) can take your child out of your home and open a dependency case, which means you could find yourself in two courthouses. In one, you will be trying to keep your freedom, and in the other, you will be trying to get your child back.
What To Do if a Medical Condition Is Being Mistaken for Abuse
If you’re under investigation or you’ve already been charged, you must act fast. Here’s what you need to do:
First, do not talk to the police or DCF without consulting an attorney. It doesn’t matter if you’re innocent. Your words can and will be used against you.
Second, start gathering every medical record you can, including birth records, pediatrician notes, specialist reports, X-rays, and lab results.
Third, hire a defense attorney who knows how to fight these cases. You need a lawyer who knows which experts they need to involve to look at the medical records and convince a jury that abuse never happened.
If a doctor or investigator is accusing you of hurting your child because of a genuine medical problem, you don’t have to face the situation alone. Reach out to an experienced defense attorney as soon as possible. The longer you wait to act, the more time the State has to build its case.
Contact Us for Legal Help
Facing false child abuse allegations based on a medical condition? Contact our skilled Orlando criminal defense lawyer at Joshi Law Firm, PA, today to schedule a consultation and discuss your case.
