Friday, April 19, 2024

Confidential

Doctors shouldnt report domestic violence perpetrator

A new law requiring doctors to report the names of domestic abusers is not a good idea.

The law requires doctors to report the names, if known, of abusers or face misdemeanor charges. It went into effect last week.

More than 41,000 victims of domestic violence were reported in 1999 in Michigan.

This law raises many serious confidentiality issues. It is not the job of doctors to report these victims, but to help their patients any way they can without violating their confidentiality.

This law may prevent many victims of abuse from getting help. An assailant, knowing the victim could be reported, may prevent him or her from going to the doctor. Victims who are afraid of retaliation from their abuser may also avoid a physician’s care.

If victims are avoiding medical care, many serious injuries could lead to crippling conditions or death. Victims may also lose out on counseling and other help a doctor can provide.

Doctors do have an obligation to help patients who are victims of domestic abuse. Instead of reporting the perpetrator, the doctor could offer help and options to the victim. Guiding victims to ways to seek help for themselves instead of policing them could bring about more benefit than just reporting the abusers.

Reporting the abuser may not prevent the crime. While a doctor may report the crime, the abuser and victim may lie about it to authorities. The involvement of authorities may set off the abuser and the abuse will only continue.

Even if the abuser is punished, the victim may not necessarily leave the relationship. A victim may still believe “it won’t happen again” even after the abuser has been convicted of the crime. Many abuse victims see few or no options beyond staying with their abuser and reporting the crime will do little to change that.

There are many services, groups and shelters to help victims of domestic abuse. However, until victims choose to use these services, there is little that can be done to force the issue. The best that doctors, friends and family of the victim can do is provide support and make the options known.

For abuse victims who are afraid to seek help, a doctor may be a last resort. If the safe haven of a doctor’s office is violated by the threat to report abuse, an important option for victims is eliminated.

This law may also be hard to enforce. Unless there is a serious incident that involves police, there may be no way to know if a doctor failed to report an abuse. If the abuse is discovered by police, it would also be difficult to determine definitively if the doctor was aware of it or if the doctor is really at fault for the crime.

While this law was passed with good intentions to combat domestic violence, its manner of prevention is not the best. The threat of reporting may prevent many victims from seeking medical help at all. The law also forces doctors to violate patient confidentiality.

Instead of forcing doctors to be watchdogs for domestic violence, they should act as counselors, offering options and guidance to victims within the safety of a confidential visit.

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