Commentary

This case illustrates how the Family Court depends on expert paediatric and radiological evidence to decide when and how a child’s fracture was sustained. This summary does not include how the court used the evidence. Suffice it to say that the expert evidence was only a part of the evidence before the court.  

Case

At mid-day on Wednesday 27 December 2023 the parents took C1 to hospital. She was admitted at 12.49. The history given by the parents on 27 December 2023 is recorded as follows in the medical records:

• "C1 was looked after by her grandmother on Christmas Eve. Children were in their romper suits and grandmother was worried they were too warm. Gently took C1 out of the suit, when her R arm was removed she cried and is now reluctant to use right arm.

• Grandmother called parents immediately. Mum and Dad say that Grandmother is distraught that she might've hurt C1. She has worked with children and in schools and is a doting grandmother.

• Since Christmas Eve parents have noticed C1's R arm just hangs by her side. Today she has seemed uncomfortable/unsettled.

• They say something similar happened to C2 (her brother). Dad described a client telling him that if you lift the left arm during burping it opens the diaphragm and helps to burp. He tried this on C2 who cried when he elevated the arm. C2 then held the arm limp for a day or so and then it resolved. They thought this might happen with C1 hence the delayed presentation"

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