Nelson v. Lindaman

A physician (Dr. Lindaman) participating in a child abuse assessment of a three-week-old infant (E.N.) treated E.N.’s broken arm and told the investigator for the Iowa Department of Human Services (DHS) that the father’s story of how the injury occurred was plausible. The investigator allowed E.N. to go home with E.N.’s parents. Three weeks later, E.N. suffered massive brain injuries while being cared for by his father. The father was subsequently found guilty of child endangerment. E.N.’s adoptive parents later filed this action individually and on behalf of E.N., alleging that Dr. Lindaman negligently failed to detect and report the child abuse and that Mercy Medical Center-Des Moines was vicariously liable for Dr. Lindaman’s negligence. Defendants moved for summary judgment, asserting that Dr. Lindaman participated in the DHS assessment in good faith and was therefore immune from liability under Iowa Code 232.73. The district court denied summary judgment. The Supreme Court reversed, holding that because undisputed facts established that Dr. Lindaman participated in good faith in the DHS assessment, Defendants were entitled to good-faith immunity under section 232.73. Remanded for the entry of summary judgment in favor of Defendants. View "Nelson v. Lindaman" on Justia Law