Hospital right to withhold dead baby records
Tuesday 26 May 2009
Leiden University's teaching hospital was right to refuse to give prosecutors the medical records of a 10-month old baby whose mother was suspected of child abuse, the high court ruled on Tuesday.
Doctors refused to give the baby's records to the public prosecution department because it would break confidentiality agreements, Trouw reported.
The baby died in 2007 after a number of 'life-threatening incidents' at which the mother was nearly always present, the paper said.
Hospital officials had alerted the authorities to the baby's situation under child protection laws after it was admitted in March. The baby was discharged and died an unnatural death at home 12 days later.
The baby's parents had given the public prosecution department permission to have the records but this was not sufficient grounds, Trouw quoted the court as saying.
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Friday: Overcast with showers everywhere. Max 13º. Similar at the weekend 
I would think the courts would be more than willing to cooperate with the state if there was even the slightest indication that this mother might be involved in child abuse. And, considering that the child did in fact die under suspicious circumstances after a series of unexplained 'life-threatening' injuries, one would expect that the courts would be more than willing to allow into evidence the hospital medial records. Who are the courts trying to protect? (not the parents I'm sure) Sounds to me that there is responsibility and neglect reaching far beyond just the parents... perhaps to the kinder bescherming or some other child welfare department.
By Bryan | May 26, 2009 9:57 PM