Fatma Yucel
Beyaztas MD*, Halis Dokgoz MD**, Resmiye
Oral MD***,
Yeltekin DEMIREL****
* Assoc.Prof.Dr.,
Cumhuriyet University, Faculty of
Medicine, Department of Forensic Medicine
58140 Sivas/Turkey.
** Assoc.Prof.Dr., Mersin University,
Faculty of Medicine, Department of
Forensic Medicine Mersin/Turkey.
*** Assist.Prof.Dr., Iowa University,
Department of Pediatrics, Director
of Child Protection Program 200 Hawkins
Drive Iowa City, IA 52242.
**** Assoc.Prof.Dr., Cumhuriyet University,
Faculty of Medicine, Department of
Family Medicine 58140 Sivas/Turkey.
Assoc. Prof. Dr.
Fatma Yucel Beyaztas
Cumhuriyet University Faculty of Medicine
Department of Forensic Medicine 58140
Sivas/Turkey
e-mail: fyucel@cumhuriyet.edu.tr
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Child
abuse and neglect has been recognized as
an important public health problem in the
west since 1960s (1). Child abuse and neglect
is defined in different ways in various
cultures. In general, any commission or
omission of acts by adult caretakers that
imposes a negative impact on physical, psychological,
and social wellbeing of a child is considered
child abuse and neglect (2,3).
Child abuse has existed throughout the history
of mankind, but studies in this field have
emerged since the last century. For the
first time in 1962, a pediatrician, Henry
Kempe, set forth a diagnostic category and
coined the term "Battered Child Syndrome".
After a 12 year contentious period, all
50 states in the USA passed child protection
laws for the prevention of child abuse and
neglect (1,4). Child abuse and neglect may
take many forms from inflicted injuries
to failure to thrive due to inadequate feeding,
from sexual abuse to emotional abuse, all
of which limit the child's physical and
mental development (2,3).
The risk factors setting up the stage for
child abuse and/or neglect may be extra-familial
or intra-familial. Economic, social, environmental,
and cultural risk factors including poverty,
low educational level, unemployment, violence,
and substance abuse may lead to child abuse
and neglect. Intra-familial risk factors
include parental physical or mental health
problems, certain characteristics of the
child, parent deprivation, and unrealistic
expectations of the family about the child's
capabilities (5).
Child abuse and neglect was recognised in
developed countries during the latter part
of the last century and prevention programs
were established (2,4). Developing countries
have joined the western countries in recognising
this issue as a socio-medico-legal public
health problem within the last couple of
decades (6-8).
In Turkey, Turkish Society for the Prevention
of Child Abuse and Neglect has led the way
to increased professional awareness of this
important entity. The medical field, however,
has not been involved in these efforts to
a desirable extent, until 1990s. As the
medical field began to get more involved
in the recognition of child abuse and neglect,
physicians have started publishing on child
abuse and neglect, as well (6). In this
paper, we present five cases diagnosed with
child abuse and neglect, two of which had
a fatal course. We hope these cases will
guide physicians in Turkey and in other
developing countries to be more diligent
about the signs of child abuse and neglect.
Case 1
Two and a half year-old
male, youngest child of a family with four
children was brought to the emergency room
of a University Medical School Hospital
because of bleeding from the right ear and
projectile vomiting after falling from a
top bunk bed. Physical examination revealed
no abnormalities except for bleeding from
the right ear. He was observed for 24 hours
after his vital signs were stabilised and
was discharged to his parents with a diagnosis
of head injury. Six days later, he returned
to the same hospital complaining of right
facial asymmetry while talking. Physical
examination revealed superior posterior
tympanic hematoma in the right ear. Computerised
tomography (CT) of the head verified the
tympanic hematoma and revealed right temporal
linear fracture. Treatment for right peripheral
facial paralysis was prescribed and he was
again discharged to his parents.
Four months later, he returned to the hospital
for a third visit because of falling from
a balcony, a distance of 3-4 meters. Physical
examination revealed, left peri-orbital
edema and red fresh bruising, superficial
abrasions over the right temple and cheek,
and deformity and pain on palpation of the
left forearm, all of which indicated acute
trauma. X-ray of the left forearm revealed
acute spiral fracture of the ulna and the
radius. His abrasions were dressed, and
his forearm was cast in the emergency room.
Since the attending physician suspected
inflicted trauma, hospitalisation was suggested.
The father refused hospitalisation and discharged
his son against medical advice, which prompted
a forensic report to the police department.
The father was tried for abusing his son
and sentenced to one year, six months of
jail time. There was no report filed with
the Child Protective Services. There was
no recommendation to assess the other children
in the family, either. No expert witness
was invited to trial.
Case 2
Six year-old girl,
the second of four children in her family,
was brought to the University Medical School
Hospital by her stepmother with loss of
consciousness and a story of falling from
a sofa. Physical examination revealed absence
of pupillary light reflex with fixed, dilated
pupils, and absence of breathing and pulse.
She was intubated but did not respond to
cardiopulmonary resuscitation. She was pronounced
dead after thirty minutes of resuscitation.
Postmortem examination of the child was
performed one day after death, which revealed
numerous different colored old and new bruising
between 0.5-1 cm on her neck, chest, back,
and lower extremities, a red-purple old
bruise of 1 cm over her right eyebrow, another
red-purple old bruise of 0.5 cm on the right
side of her forehead, and an old wound with
dried scabbing of 6 cm at the back of her
left shoulder. In internal examination,
there was a widespread red new ecchymosis
on the internal surface of her occipital
scalp and over the vertex, and a linear
occipital fracture. There were also occipital
subdural hemorrhage, subarachnoidal hemorrhage
at the left temporal lobe, and brain edema.
The cross sections of her lungs were edematous,
and there was a laceration at the right
renal capsule. The cause of death was brain
damage due to blunt head trauma. The eyes
were not removed for retinal examination.
Forensic report was filed with the police
department.
At the end of the forensic investigation,
her stepmother confessed that she slammed
the child against a wall because of bedwetting.
After the stepmother hit the child's head
against the wall, she also kicked her until
the child became unconscious. To resuscitate
her, stepmother took her to the bathroom,
shook her by the shoulders and wetted her
head by the use of a hose. The girl slipped
from her hand and hit her head against the
wall again, which started wheezy breathing
but she did not gain consciousness. The
stepmother was convicted with involuntary
manslaughter in Criminal Court. On appeal,
seven months later, she was acquitted. There
was no report filed with Child Protective
Services. None of the other siblings was
assessed for possible abuse. No expert witness
was invited to trial.
Case 3
Three
month-old male infant, the only child of
his family, was referred to the University
Medical School Hospital from a local hospital.
On admission, physical examination revealed
confusion, bilateral peri-orbital red fresh
bruise, 2 x 3 cm size blue-purple old bruise
on his cheeks bilaterally, 1 x 2 cm size
red, new bruise on his forehead, edematous
swelling of his upper lip, 2.5 x 4 cm size
collapsed vesicle on the big toe of his
right foot, and 5x2 cm size scabbing old
lesion with peripheral hyperemia on his
left foot. The latter two lesions appeared
to be healing burn lesions. At the university
hospital, head CT revealed subarachnoid
hemorrhage. One day later, repeat head CT
revealed bilateral fronto-temporo-parietal
subdural hematoma, right occipital subdural
hematoma, and right temporal parenchymal
hemorrhage. Abdominal CT revealed linear
laceration of the spleen and minimal perisplenic
fluid accumulation. Full skeletal survey
and eye examination were not done. In two
days, his respiratory status deteriorated
and he was intubated.
His mother reported his father beat the
child up. After his treatment in the intensive
care unit was completed, he was discharged
to his mother. The child was neurologically
stable on discharge. Forensic report was
filed with law enforcement. His father was
arrested. There was no report filed with
Child Protective Services.
His mother testified in court that his father
physically abused the child on many occasions
causing umbilical hemorrhage from a beating
at two weeks of age, left subcostal and
periorbital ecchymosis from a beating at
two months of age, and inflicted burns by
pressing his feet against a hot stove at
2.5 months of age. She denied any medical
visits for any of these inflicted injuries.
The father was convicted with intentional
child endangerment and sentenced to two
years, two months, and twenty days of jail
time. No expert witness was invited to trial.
Case 4
A four year-old female
child of a single mother with no other children
who works as a prostitute was brought to
the emergency room of a University Medical
School Hospital five hours after she fell
from a chair. On physical examination her
vital signs were unstable, she was unconscious
with a Glasgow coma scale of three and had
low blood pressure (60/30 mmHg). She was
immediately intubated. Head CT revealed
1.5 cm wide subacute subdural hematoma around
the right fronto-temporo-parietal convexity,
which caused left midline shift. She was
taken to the operating room for evacuation
of the hematoma pressing on the right hemisphere.
During the operation she had cardio-respiratory
arrest. Despite extensive resuscitation,
she was unresponsive and was pronounced
dead.
Postmortem examination and autopsy were
performed within 24 hours. External examination
revealed 10 x 10 cm red fresh bruise on
the left side of her upper abdomen, four
blue-purple old bruising of 1 to 1.5 cm
size on the front of the right thigh, knee,
and shin, and left shin. Internal examination
revealed multiple ecchymotic lesions of
different colors under the scalp, a sutured
fronto-temporal wound, and 0.6 cm defect
on the underlying bone tissue, due to the
operation procedure. Cerebral and cerebellar
examination revealed acute edema, subdural
hematoma, and enlargement of the third ventricle.
Abdominal examination revealed petechial
bleeding on the anterior surface of the
liver and a hematoma of 5x8 cm on the left
side of omentum major. The eyes were not
removed for retinal examination. Due to
suspect physical abuse, a forensic report
was filed with the law enforcement. There
was no report filed with Child Protective
Services. The mother was tried for negligence
after which she was acquitted. No expert
witness was called to trial.
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Case 5
Four
year-old male child of a family with three
children was brought to the University Medical
School Hospital by his father complaining
of vomiting after he woke up following a
fall six hours prior to coming to the hospital.
His mother and father provided a different
fall history. His father reported the child
fell down while walking but his mother reported
he fell from a sofa. The assessment at the
emergency room revealed a child in coma
with Glascow coma scale of four, irregular
breathing, left midriatic pupil (4 mm),
left deviation of the eyes, and hemiparesis
on the right side. The cranial CT revealed
3.5 cm size left-temporo-parietal epidural
hematoma. He was taken to the operating
room. Epidural hematoma was drained via
left temporal craniectomy. Skeletal survey
and retinal examination were not done. Inconsistent
history of trauma prompted a forensic report
to law enforcement. On discharge to his
parents, he had residual right upper extremity
paresis and limited medial vision on his
left eye.
His
father was tried criminally for physically
abusing his son. Criminal investigation
revealed that he got annoyed with being
interrupted by the child playing near him
while he was praying. He pushed the child
toward the wall. The child lost his consciousness
subsequent to impact from the wall. After
the father was tried for involuntary child
endangerment, he was acquitted. No expert
witness was invited to trial. There was
no report filed with Child Protective Services,
nor was there an abuse assessment of the
other children of the family.
Click here to view Table
1
Five cases
of physical abuse were reported to the police
department in compliance with the code in
Turkey when physicians suspected child maltreatment.
Two of these cases had a fatal outcome,
one had residual neurological handicaps,
and two were lost to follow up. Thus, it
is appropriate to think that this series
consists of most severely and overtly abused
cases and represents the tip of the iceberg
of physically abused children in the region.
The strength of this study is to bring up
the weaknesses of the child protection system
in the region to the attention of the medical
and child protection communities.
Cases
display certain characteristics that are
typical of societies at the crawling stage
of developing a contemporary and humane
response to child abuse and neglect (9).
All children presented with head trauma
that accounts for the high morbidity and
mortality in this series (Table I). All
but one presented with a past medical history
of physical findings indicating recurrent
abuse. All but one was an older child, possibly
indicating delayed diagnosis of abuse. Two
of three surviving children were discharged
to the suspected perpetrator. Two of the
acquitted perpetrators had inflicted fatal
abuse on their children.
Literature
on child abuse and neglect from the 1960s
indicates that the medical field has led
the way to establishing proper child protection
in developed countries (9). Suspicion for
abuse is heightened most commonly in health
care settings when children present with
unusual injuries. Because of that, the pioneers
of recognition of child abuse and neglect
have traditionally been medical professionals
including Ambrois Tardieu (1860), S. West
(1888), John Cafey (1946), and Henry Kempe
(1962) (10-13). In Turkey, the medical field
has become involved in the management of
child abuse and neglect within the last
decade (6,14,15). These efforts led to the
establishment of increasing numbers of hospital
based multidisciplinary teams in major cities.
These teams initiated collaborations with
community agencies such as Child Protection
Services, prosecutors, law enforcement officers,
and school staff attempting to establish
regional organization of child protection
services (14).
Despite
these grass root activities Turkey still
lacks a distinct child protection law with
clear, culturally competent definitions
of various categories of child abuse and
neglect and structured social and legal
intervention strategies. Due to these factors,
the socio-legal management of child abuse
and neglect is vague in Turkish code. Reporting
of suspected abuse is still mandated through
law enforcement rather than child protective
services. Lastly, there is no provision
in the code regarding professional mandatory
education on response to child abuse and
neglect.
Based
on these nation-wide problems in the field,
Sivas has lacked an awareness of child abuse
and neglect as a public health problem.
Thus, regional collaboration among agencies
to address this issue properly has been
non-existent. Even within the university
medical school, there has been no curriculum
on child abuse and neglect to increase the
medical community's awareness of this issue.
Thus, the fact that there have been five
reports of suspect child abuse within the
last six years is an improvement for Sivas
region, indicating a positive trend to increased
awareness of the at least most severe forms
of abuse.
In none
of the trials, an expert witness was called
for testimony. Only in two of the cases,
was there any conviction. Ironically there
was no conviction in the two fatal cases.
The court system in Turkey is the agency
that is least interested in getting involved
in multidisciplinary collaborations related
to child abuse cases. Because of that, the
outcome of the prosecution of these cases
is poor even in severe incidents (16).
None of
the cases in this series was reported to
Child Protective Services. In none of the
three children with siblings, were the siblings
assessed for possible abuse. This is in
clear contrast with the global contemporary
and humane approach to child abuse and neglect.
Since the target agency for mandatory reporting
in Turkey is law enforcement, the prosecutor
decides whether to prosecute these cases
or not. When the decision is not to prosecute,
there is no opportunity for social services
for these needy families. When the decision
is to prosecute, only occasionally judges
will be broad-minded enough to establish
court-ordered social services. Since child
abuse and neglect is a social problem, approaching
cases from a social services perspective
would be much more cost effective and humane.
Suspicion
for recurrent abuse was considered at least
in all but one of the cases. Professional
and public awareness of intra-familial physical
abuse is very low in Turkey and Sivas due
to lack of structured professional education
on and management of child abuse and neglect.
These children may have been observed being
abused by many lay and professional individuals
without any report to any agency before
presenting to the University Medical School
Hospital. Physical abuse is a spectrum,
which many present with various clinical
pictures. The lesions range from minimal
bruising and abrasions caused by inflicted
trauma to lesions, which can cause death
such as inflicted head trauma and internal
organ injuries (17,18). In every society,
as awareness and professional education
are heightened, the recognition gradually
moves from the most apparent, severe cases
to less apparent, mildly injured cases (6,19).
Skeletal
survey has proven to be very helpful in
establishing diagnosis inflicted trauma
especially in subtle cases (20,21). When
done properly skeletal survey can improve
diagnosis at least in 20% of the cases (22).
If not done when the child was alive, forensic
pathologist may and should order a post-mortem
skeletal survey. However, again due to the
lack of professional structured response
to child abuse and neglect, skeletal survey
was not done in any of these cases.
These
cases display a typical distribution of
risk factors for child abuse. Single parenthood,
low socio-economical status, anger management
problem, step parent, parental psychopathology,
staircase children, and multiparity were
all risk factors observed in this case series.
Other risk factors including isolated living
conditions, teenage parenthood, low educational
status, and parental substance abuse should
also be considered in assessing suspect
abuse cases (23,24).
Perpetrators
of physical abuse are usually the parents
or baby-sitters (17). In severe battering
involving head trauma, fathers and stepfather
figures have been reported 70% of the time
(19). In our series, perpetrator in three
cases was the father, all of which survived.
In the two fatal cases on the other hand,
perpetrator was the mother and the stepmother.
Especially with the fourth case, there is
a possibility that the male involved in
the prostituting mother's life may have
actually perpetrated and the mother may
have taken the responsibility out of fear.
In conclusion;
neurological deterioration, fractures, burns,
and other soft tissue injuries unexplained
by the history of trauma and lesions at
various stages of healing without proper
explanation must lead to suspicion of child
abuse. Detailed history must be taken from
the members of the family and relatives
to clarify the circumstances surrounding
observed injury. When suspicious, full skeletal
survey should be ordered. Ophthalmology
consultation is of paramount importance
in cases presenting with head or facial
trauma. Physicians are mandated to file
a report with law enforcement when suspicious
of abuse. Although not required by law,
physicians should also report such cases
to Child Protective Services with a recommendation
of having other children under the care
of caretakers in question, assessed. In
fatal cases autopsy and postmortem skeletal
survey may provide invaluable information (25-27). Determining whether bruises occurred
before death or are due to rigor mortis,
palpating especially the ribs, removing
all bones that raise suspicion for fracture,
removing the eye globes to assess for retinal
hemorrhage, removing the cervical spine
posteriorly to assess for axonal injuries
are some of the key steps of the autopsy
when inflicted head trauma is in question (25-28). The next step for each university
hospital should be to establish a hospital
based multidisciplinary team to develop
structured clinical guidelines for institutionalised
response to child abuse and neglect. These
teams should also lead their communities
in developing regional collaborations among
the medical facilities, child protective
services, prosecutor's office, and law enforcement.
Primary prevention efforts by public education
are also a very important task.
Physically abused children
may present with findings ranging from minimal
soft tissue lesions to intracranial injury
leading to death. Child abuse is an important
public health problem most prevalent in
children under five years of age. Timely
medical diagnosis of child abuse through
detailed history and physical examination
is of paramount importance to prevent further
abuse and establish supportive services
to the families.
We present five cases
in this paper, two of which had a fatal
outcome. We hope the presentation of these
cases and apparent previous chronic abuse
in their past medical history will help
the medical community revisit their responsibility
in preventing child abuse. These cases also
indicate that there is great need for education
to increase public and multidisciplinary
professional awareness of child abuse. Interdisciplinary
community collaboration is also very important
in recognition, proper management, and prevention
of child abuse.
Key words: Child
abuse, physical abuse, neglect.
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