observing that, when it is clear that if the defendant’s spouse is called to testify, the spouse will invoke the adverse testimony privilege, either the witness should not be called or the questions that will result in the privilege’s being invoked should not be asked in front of the jury
How later courts described this case
- observing that, when it is clear that if the defendant’s spouse is called to testify, the spouse will invoke the adverse testimony privilege, either the witness should not be called or the questions that will result in the privilege’s being invoked should not be asked in front of the jury
- testimony admissible to show a particular injury or group of injuries is not accidental or is not consistent with the explanation offered therefor but is instead the result of physical abuse by a person of mature strength
- fifteen month old child left in custody of defendant suffered three liver lacerations inconsistent, according to physician, with having been caused by ordinary falls or collisions
- relevant to the state of mind
Written by the judges who cited it.
The opinion
Brown, J.
(concurring). I fully concur in the opinion of the court affirming the verdict of manslaughter. I note, however, that, most regrettably, none of the doctors or other persons involved in treating Jason on his several visits to the hospital emergency rooms between January and September, 1974, reported the possibility of abuse to the Department of Public Welfare as required by G. L. *82 c. 119, § 51A. 1 Such a report could possibly have saved Jason’s life.
A cause of action may lie in tort on behalf of a battered child against persons named in the statute for failure to report a probable case of child abuse, where subsequently there is further injury to the child. See Commonwealth v. Cadwell, 374 Mass. 308 , 319 n.8 (1978). In addition, an attending physician may be subject to personal liability for the consequences of any negligent failure to recognize the battered child syndrome. See Landeros v. Flood, 17 Cal. 3d 399, 408-412 (1976).
The attending physician on September 26,1974, did ask the visiting nurses association to visit the home and look into the cause of Jason’s frequent injuries.