CPS Medical Neglect and Child Injury Allegations in Houston
Many CPS cases begin in an emergency room or a pediatrician’s office. When a case turns on an injury, a diagnosis or missed medical care, the medical record is the most important evidence, and it needs to be read carefully.
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How Medical CPS Cases Start
Texas law requires doctors, nurses and other professionals to report suspected abuse or neglect within 48 hours. Reports often come from emergency room staff, pediatricians, hospital social workers and child abuse pediatricians, who are doctors trained to evaluate possible abuse. CPS may begin investigating while your child is still in the hospital.
Common Medical Allegations
- Fractures or head injuries without a clear explanation
- Bruising in an infant who is not yet crawling or walking
- Failure to thrive or poor weight gain
- Missed appointments, treatment or medication
- Concerns that a parent exaggerated or caused a child’s symptoms
What Medical Neglect Means in Texas
Texas law treats a failure to seek, obtain or follow through with a child’s medical care as neglect only in serious situations, generally when it shows a blatant disregard for the consequences and causes harm or puts the child in immediate danger. A missed appointment or a good-faith disagreement with a doctor is not, by itself, neglect.
Why the Medical Record Matters
A medical finding can have more than one explanation. Some medical conditions, birth-related injuries and accidents can look like abuse at first. A careful review asks what the tests actually showed, when an injury most likely happened, whether other causes were ruled out, and who was caring for the child at the time.
When the record raises questions, an independent doctor can review the evidence and testify. Courts weigh that testimony alongside the opinions of the treating doctors and the child abuse pediatrician.
A Lawyer Who Reads Medical Records Like a Nurse
Mrs. Young has been a registered nurse since 1983. She spent more than 30 years at St. Luke’s Episcopal Hospital in Houston as a staff nurse, charge nurse, clinical educator and interim nurse manager, focusing on neuroscience critical care. She has taught other attorneys “How to Read a Medical Record” at a seminar for lawyers handling DFPS cases.
She knows how to read a chart, question a diagnosis and explain medical findings in terms a court can act on. She is also Board Certified in Child Welfare Law by the Texas Board of Legal Specialization. Meet Bobbie Young.
What to Do Now
- Stay calm and cooperative with your child’s medical care.
- Ask for copies of your child’s medical records and test results.
- Write down a timeline of the days before the injury or illness, including who cared for your child.
- Don’t sign a safety plan before you talk with a lawyer.
- Call a lawyer before your interview with the CPS investigator.
Frequently Asked Questions
Can CPS keep my child from coming home from the hospital?
If CPS believes a child is in immediate danger, it can act in an emergency or ask a court for an order to keep the child from going home with you. When CPS takes custody, a court hearing generally follows within 14 days. See removal hearings.
Can I get a second medical opinion?
Yes. Your lawyer can arrange for an independent doctor to review the records. Talk with your lawyer first, so the review is done in a way that can be used in court.
Should I talk to the hospital social worker?
Hospital social workers often share what they learn with CPS. Stay cooperative with your child’s care, and consider talking with a lawyer before you answer detailed questions about how an injury happened.
Get the Medical Evidence Reviewed Early
Call 713-225-6200 or fill out the form to talk with our Child Welfare team.
Accused After a Hospital Visit? Talk to a Lawyer Who Is Also a Nurse
Our Child Welfare practice is led by Bobbie Young, R.N., J.D. Call us today at 713-225-6200 to schedule a confidential consultation.