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Mother sues (Nashville TN) schools over unauthorized gynecological exam (6 Year old child)
Trashville City Paper ^ | 01/22/2010 | Trashville City Paper

Posted on 01/23/2010 1:46:11 AM PST by The Magical Mischief Tour

An Antioch woman is suing the Metro Board of Education and a former nurse at Mt. View Elementary, claiming the nurse performed a gynecological exam on her daughter without her consent.

Seeking unspecified damages, the woman claims the exam inflicted emotional distress on her daughter, resulting in post-traumatic stress disorder.

According to documents filed in Davidson County Circuit Court on Wednesday, the 6-year-old girl had a history of bladder and urinary tract infections. On Oct. 28, the girl complained to her teacher of genital pain, the filing says. Her mother confirmed to the teacher that the girl had a doctor appointment in a couple of days. The following day the girl was taken out of art class and brought before the school nurse, who no longer works at Mt. View Elementary. The nurse asked the girl, the filing says, "if anyone had touched her privates. The girl said, "No."

"(The nurse) then took (the girl) to the bathroom and had her pull down her pants and panties and squat. She then told (the girl) to open her private. (The nurse) then told her, "it's not red, you can pull your pants up."

Prior to filing the suit, the woman's attorney, Phillip L. Davidson, said the school board had been unresponsive. "The school board has not cooperated with us at all in trying to investigate this matter."

A spokeswoman for the school board declined to comment.


TOPICS: Crime/Corruption; Government; US: Tennessee
KEYWORDS: arth; homeschoolingisgood; publicschool; publicschools
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1 posted on 01/23/2010 1:46:12 AM PST by The Magical Mischief Tour
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To: The Magical Mischief Tour
Damn wacko school nurse!

I’d be looking for the best law firm I could find...!

2 posted on 01/23/2010 1:49:31 AM PST by Las Vegas Dave (To anger a Conservative, tell him a lie. To anger a Liberal, tell him the truth.)
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To: The Magical Mischief Tour

This sounds like some typical TN Dept of Children’s Services crap program they have stuffed in the back door of the states public school system.

Probably mandatory now if a child complains of something like this to undergo a “medial exam” to “determine” if DCS “needs” to be called in so they can ruin more lives.

TN DCS has a VERY BAD history of being colossal idiots, accusing the wrong people of crimes, giving children over to convicted sex offenders who then assault them and failing to remove children from homes where actual abuse is taking place.


3 posted on 01/23/2010 1:50:20 AM PST by The Magical Mischief Tour
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To: The Magical Mischief Tour

This kind of crap is hard to believe. Not that I don’t believe it happened, it’s just hard to believe someone could be so irresponsible and stupid.


4 posted on 01/23/2010 1:53:31 AM PST by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
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To: The Magical Mischief Tour

Dennis Prager once told a story of craziness like this by a preschool teacher. The little girl had to go pee or poo and used a certain name for it or her body part. Can’t remember all the details, but the young pre-school teacher started questioning the little girl and then took it upon herself to call the authorities about suspected child abuse. The poor dad in the case had a heck of a time getting back into the home. It was all over some over-zealous young teacher’s stupidity.


5 posted on 01/23/2010 2:01:21 AM PST by beaversmom
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To: The Magical Mischief Tour

Darn! In our local school district they won’t even remove a splinter.

This must have been a social services examination and someone had reported abuse.


6 posted on 01/23/2010 2:10:22 AM PST by television is just wrong
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To: The Magical Mischief Tour
They also have a very nasty habit of turning on the very ones trying to protect the kids l;ike kinship foster parents as an example. DCS is the most dysfunctional agency in the state. Their policies are such it often makes them enablers to abuse and even advocates for mothers who condone abuse.

Because of Tennessee state laws written by previous DEM majority lawmakers and because of DCS own LIBERAL agenda and policies the kids who need to be adopted out simply aren't but rather end up playing musical Foster Homes for years on end.

I wish a Knoxville or East Tennessee area Conservative lawmaker would sign up under an assumed name for DCS Foster Parenting P.A.T.H. Classes and see the heck what is going on in this system. I think they would after 9 weeks be shocked and disgusted. They also need to talk to actual Foster Parents. In kinship cases especially the birth parents are being allowed to threaten, harass, and disrupt the homes the kids are in. The birth parents can also encourage their older children to act out and DCS does nothing. There's perp parents intimidating their victim children too trying to get testimony changes from them.

Kids with serious emotional issues for example will not get the level of help they need because DCS legal nor the caseworkers even bother to give the judges the case reports and professionals recommendations. When their boo boo's finally come crashing down they pin blame on everyone else but themselves. This system need a very extensive investigation by our lawmakers and policy changes made ASAP. We also need a new DCS Commissioner as well.

For the case in the article? If they felt that child was in danger then there is a County Health Department OR better yet the nurse could have easilly asked do you mind if I contact the childs doctor. Issue Resolved and all rights protected. UTI's especially in females at any age due to anatomy issues are pretty common and that nurse should have known that.

7 posted on 01/23/2010 2:13:01 AM PST by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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Comment #8 Removed by Moderator

To: The Magical Mischief Tour

“TN DCS has a VERY BAD history of being colossal idiots, accusing the wrong people of crimes, giving children over to convicted sex offenders who then assault them and failing to remove children from homes where actual abuse is taking place.”

Unfortunately, Tennessee’s DCS is not alone. That sort of incompetence is nationwide, and usually protected by govt. which results in more of the same.


9 posted on 01/23/2010 3:02:10 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Scotsman will be Free

A six year old with recurrent UTIs should definitely raise the suspicion of child abuse, and naturally the first place to look would be with other young boys in the home or at the baby sitters etc...

So for thinking of that the nurse should be commended...but
for carrying out the exam, I think in this day and age she was stupid.

Pulling her pants down, exposing her privates to the school nurse...was probably not traumatic at all until the mother made a spectacle of the incident.

Years ago these things were handled properly...and discretely... Today any doctor or nurse who decides to exam a minor without the parent’s consent is naive and stupid.


10 posted on 01/23/2010 3:48:38 AM PST by nikos1121 (Praying for minus 24 today....at least minus 23...)
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To: The Magical Mischief Tour

As Nurses we are federally mandated to report abuse of any kind. However, we are not authorized to personally examine every child who may or may not be in trouble.


11 posted on 01/23/2010 3:50:59 AM PST by FreeLuna
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To: metmom

one more?


12 posted on 01/23/2010 4:16:10 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: cva66snipe

This could be nothing more than a person trying to create a little job security. They hope to create a need for their services. Many jobs would be in danger if something wasn’t found.


13 posted on 01/23/2010 5:51:27 AM PST by seemoAR (If you can't dazzle them with brilliance, dazzle them with bull.)
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To: FreeLuna

“...mandated to report abuse of any kind...”
What is the definition of abuse?
Who gets screwed when you are wrong? It sure as hell isn’t you.


14 posted on 01/23/2010 6:02:09 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: television is just wrong

You and I must have the same school district. Not gonna happen around here.


15 posted on 01/23/2010 6:04:14 AM PST by Clara Lou
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To: seemoAR

Uhmmm... you are so far out in left field that we can’t even see you. Such an examination is not part of the school nurse’s job description, so this (obviously) isn’t going to aid job retention.


16 posted on 01/23/2010 6:07:54 AM PST by Clara Lou
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To: Scotsman will be Free

And who’s “getting screwed” if she isn’t wrong? (answer: a child) Just remember, it does happen.


17 posted on 01/23/2010 6:10:14 AM PST by Clara Lou
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To: Clara Lou

Really? Gee, didn’t know that. Thanks for enlightening me, master. Naturally, you missed the point. I’ll explain it for you.
There is no penalty for being wrong. Get it now?


18 posted on 01/23/2010 6:14:03 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: 2Jedismom; 6amgelsmama; AAABEST; aberaussie; Aggie Mama; agrace; AliVeritas; AlmaKing; AngieGal; ...

ANOTHER REASON TO HOMESCHOOL

This ping list is for the “other” articles of interest to homeschoolers about education and public school. This can occasionally be a fairly high volume list. Articles pinged to the Another Reason to Homeschool List will be given the keyword of ARTH. (If I remember. If I forget, please feel free to add it yourself)

The main Homeschool Ping List handles the homeschool-specific articles. I hold both the Homeschool Ping List and the Another Reason to Homeschool Ping list. Please freepmail me to let me know if you would like to be added to or removed from either list, or both.

19 posted on 01/23/2010 6:26:22 AM PST by metmom (Welfare was never meant to be a career choice.)
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To: Clara Lou; Scotsman will be Free
And who’s “getting screwed” if she isn’t wrong? (answer: a child) Just remember, it does happen.

That absolutely does not justify what she did. There were plenty of other courses of action that she could have pursued to investigate this further.

And if the little girl isn't being abused, then what the nurse did can count. Abusing children in the name of preventing abuse is pretty ironic and hypocritical.

I can't believe that people defend this kind of stupidity in the name of *protecting children*.

20 posted on 01/23/2010 6:35:07 AM PST by metmom (Welfare was never meant to be a career choice.)
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To: The Magical Mischief Tour

In a couple of years that little girl will be able to roll down a condom on a banana held by a male classmate, so what’s all the fuss about?


21 posted on 01/23/2010 6:53:12 AM PST by Slyfox
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To: Scotsman will be Free

Well, the definition of abuse is defined by courts. If, in my work duties (or even off duty actually)I notice strange unexplainable bruising, bleeding, cuts, burns or even behaviors that may indicate abuse of a client, I call the police. It has happened to me once, and, I was right. What if I had ignored my suspicions and said nothing?


22 posted on 01/23/2010 6:56:01 AM PST by FreeLuna
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To: Clara Lou

Not quite. To me, you are the one in the LEFT field. ;0)


23 posted on 01/23/2010 6:57:34 AM PST by seemoAR (If you can't dazzle them with brilliance, dazzle them with bull.)
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To: Las Vegas Dave
I’d be looking for the best law firm I could find...!

won't be hard here...Nashville is very lawyered up

24 posted on 01/23/2010 7:06:13 AM PST by wardaddy (Good Yankees in Massachusetts, I salute you all from bended knee in appreciation)
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To: The Magical Mischief Tour

An older gentleman had an appointment to see the urologist who shared offices with several other doctors. The waiting room was filled with patients. As he approached the receptionist’s desk, he noticed that the receptionist was a large unfriendly woman who looked like a Sumo wrestler. He gave her his name.

In a very loud voice, the receptionist said, “YES, I HAVE YOUR NAME HERE; YOU WANT TO SEE THE DOCTOR ABOUT IMPOTENCE, RIGHT?”

All the patients in the waiting room snapped their heads around to look at the very embarrassed man. He recovered quickly, and in an equally loud voice replied, ‘NO, I’VE COME TO INQUIRE ABOUT A SEX CHANGE OPERATION, BUT I DON’T WANT THE SAME DOCTOR THAT DID YOURS.’

The room erupted in applause!


25 posted on 01/23/2010 7:10:40 AM PST by WVKayaker ( Nothing is so good as it seems beforehand. -George Eliot)
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To: Clara Lou

“And who’s “getting screwed” if she isn’t wrong? (answer: a child) Just remember, it does happen.”

Thank you for your apt point. I am a male nurse,btw.


26 posted on 01/23/2010 7:18:04 AM PST by FreeLuna
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To: beaversmom

“Dennis Prager once told a story of craziness like this by a preschool teacher. The little girl had to go pee or poo and used a certain name for it or her body part. Can’t remember all the details, but the young pre-school teacher started questioning the little girl and then took it upon herself to call the authorities about suspected child abuse. The poor dad in the case had a heck of a time getting back into the home. It was all over some over-zealous young teacher’s stupidity.”

Bummer, but then again I knew this coming in as a parent (thanks to Thomas Sowell’s “Inside American Education”), so I was DETERMINED that no public school teacher would EVER have a hold of my children...and I’m happy to say that is the case.


27 posted on 01/23/2010 7:19:21 AM PST by BobL (When Democrats start to love this country more than they hate Republicans, good things might happen.)
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To: nikos1121

UTI’s can be caused by bubble baths.........kids love them but they can be harmful to their UT health. Not being taught the proper way to clean oneself after using the bathroom can be a cause. Being afraid to go to the bathroom at school could be another reason, holding ones urine for long periods of time can be a harmful thing if done to often and it hurts.


28 posted on 01/23/2010 7:29:20 AM PST by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, disabled,seniors & retired Military)
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To: wagglebee

Is this a moral absolute?


29 posted on 01/23/2010 7:32:13 AM PST by Clintonfatigued (Liberal sacred cows make great hamburger)
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To: The Magical Mischief Tour

People ! We have to start saying things like: FORCED VAGINA EXAMINATION BY THE GOVERNMENT ON 6 YEAR OLD WITHOUT PARENTIAL CONSENT !

Every word is true but sends a harsher message than saying school nurse who is a GOVERNMENT EMPLOYEE.

More people who’d realize it’s the GOVERNMENT EMPLOYEES oversteping the law.


30 posted on 01/23/2010 7:33:09 AM PST by Georgia1
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To: fieldmarshaldj

Wow, the public school system in Tennessee must really be bad.


31 posted on 01/23/2010 7:33:13 AM PST by Clintonfatigued (Liberal sacred cows make great hamburger)
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To: The Magical Mischief Tour

By a nurse who no longer worked there.

WOW something’s very wrong here!


32 posted on 01/23/2010 7:34:57 AM PST by Freddd (CNN is not credible.)
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To: The Magical Mischief Tour

sounds like school nurse is a PERVERT


33 posted on 01/23/2010 7:38:28 AM PST by buffyt (Glowbull Warming: The Greatest Hoax Since Y2K! Follow the money Coldest winter in 100 years.)
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To: Clintonfatigued

I live in Antioch where this occurred. The system was headed downhill when I started school in 1979 (the year education was officially “nationalized” by Jimmy Carter as a payoff to the teachers unions), but you at least had some administrators around from the saner days (my elementary school principal in ‘79 was an old woman who had been in charge since the ‘40s).


34 posted on 01/23/2010 7:42:46 AM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: The Magical Mischief Tour

Don’t parents today inform their children not to cooperate with those in authority who overstep their authority?


35 posted on 01/23/2010 8:09:32 AM PST by goldi (')
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To: Las Vegas Dave

How do you find ‘the best’ law firm?

My family is involved in this crap and it started 22 months ago. We hired an attorney that came recommended by one of those larger Christian law organizations, Thomas More I think.

He took our family court case, blew it on our behalf and has left us hanging for the past 12 months, with no end in sight. Took a single one-time fee and blames us now.

How can one hold attorneys responsible? And don’t say the state Bar Association. This attorney is just ‘part of the country club’ of family court attorneys.

And yes our 3 year old granddaughter was subjected to this type of invasive inspection based on DCF trumped up allegations.


36 posted on 01/23/2010 8:19:21 AM PST by George from New England (escaped CT 2006; now living north of Tampa Bay)
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To: goldi

Don’t parents today inform their children not to cooperate with those in authority who overstep their authority?
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Children start government school at the age of 4 or 5. How do you teach a child ( in the case of this article, age 6) to be assertive in the face of government power?


37 posted on 01/23/2010 8:31:43 AM PST by wintertime (Good ideas win! Why? Because people are not stupid!)
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To: wintertime

You tell them that you don’t let strange people pull down their underpants and examine them and that includes school personnel — you know, “good touch, bad touch.” You tell them to say NO and and that you will back them up if school authorities complain to you about their noncompliance. If they feel uncomfortable about something, such as this incident, they should not comply. You let them know that school personnel are not the ultimate authority in their lives.


38 posted on 01/23/2010 8:52:55 AM PST by goldi (')
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To: Scotsman will be Free
There is no penalty for being wrong.

Except....there can be. Even the barest whiff of allegations of sexual abuse can destroy the lives/livelihoods of the parents.

39 posted on 01/23/2010 9:14:14 AM PST by Malacoda (CO(NH2)2 on OBAMA.)
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To: George from New England

For starters, contact your local county GOP office, possibly they can make good suggestions...


40 posted on 01/23/2010 11:42:05 AM PST by Las Vegas Dave (To anger a Conservative, tell him a lie. To anger a Liberal, tell him the truth.)
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To: Malacoda

Yes, I know. All of these holier than thou do gooders on this site and elsewhere would all be whistling a different tune if they were on the wrong end of a false accusation.


41 posted on 01/23/2010 12:28:10 PM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: FreeLuna

Good for you. What happens if you are wrong? Ever been on that end of it before? Hmm? Any idea what happens after you point your finger?
Do you have half a clue about the incompetency, ignorance, arrogance and down right criminal behavior of the so called child protective service employees? That if they don’t like you you are in for a very rough ride? That they get sued and lose all of the time(tax payer money), and NOTHING happens to them? That the majority of them are liberals with a liberals point of view about child rearing and the role of govt in that endeavor?
I worked around those asshats for 30 years, and had personal dealings with them. I hold them in complete and utter contempt. I hope that you and every other ignorant american gets the pleasure of having them in your personal life because of an over zealous fingerpointer.
“Well, the definition of abuse is defined by courts.”
Really? I thought the legislature defined criminal conduct. Pretty smug in your ignorance, aren’t you.


42 posted on 01/23/2010 12:40:23 PM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Las Vegas Dave

No one even asked the parents??? Unbelievable.


43 posted on 01/23/2010 12:47:53 PM PST by montag813
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To: Scotsman will be Free

Well, I wasn’t being smug.And, as far as ignorance, look into court cases involving discovered abuse unreported by the first mandatory reporter and tell me the courts do not define abuse.
I’m sorry you are so upset and it seems to be a personal issue with you. I am well aware of cases where overzealous people in all lines of work have mucked up peoples lives. I am also aware that, as men, we are born(to borrow a phrase from “Garp’s” mother) “Sexual Suspects”. None of that changes the fact that I am mandated by federal law to report suspected abuse or I can face charges. Morally, I would do it anyway. You wouldn’t?

I am NOT overzealous,as I stated previously,I have had to report someone once and it was for Elder abuse, not child abuse. And even though you have wished me ill I hope, if you are ever in a position of immobility, having lost everything in your life to time, someone watches out for you. I never meant to offend you, but, I’m not wrong.


44 posted on 01/23/2010 1:03:22 PM PST by FreeLuna
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To: FreeLuna; Scotsman will be Free
I will agree with FreeLuna and say he IS mandated to report suspected abuse. However, a child complaning of a hurt peepee (possibly a UTI) is not grounds for a SCHOOL NURSE to preform a gynecological exam.

The child was asked if shd had ever been touched... the child responded "no." There is no evidence or reason to believe the child was abused. If the nurse still had evidence to believe otherwise then the nurse should have called CPS or the police. Under the current circumstances, the nurse should have called the parents and recommended she be taken to a DOCTOR and given an exam.

Drumming up unsubstantiated charges of child abuse, or worse violating a 6 year old girl is uncalled for.... If it was my child this happened to, a lawsuit would be the least of the nurse's trouble.

But, homeschooling negates this problem before it starts.

And FL, the LEGISLATURE writes the laws.... the courts decide the case within the meetsand bounds of those laws. But, it is still the LEGISLATURE that wrote law (defines if you will).

I think that the Scotsman thought you were defending a school nurse examining a 6 year old without parental consent, or if the nurse felt it was warranted without contacting the authorities... I hope this isn't your position.

45 posted on 01/23/2010 2:52:59 PM PST by Repeat Offender (While the wicked stand confounded, call me with Thy Saints surrounded)
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To: Clara Lou
Just remember, it does happen.

Indeed it does but those involved have to use some common sense. The mother had said the child had an appointment with the doctor. Simple solution was ask for name and notify doctor. Second option if more drastic measures were needed because the child said someone harmed her or behavior had drastically changed would have been reporting it and letting the child be checked by a doctor.

Whether most people realize it or not doctors do check kids for signs of abuse and there are a lot more telling signs than pulling down their pants. A kids who's behavior & personality hasn't abruptly changed but has problems in the area this child did? Doctor will look for a UTI. Nurse in this case was wrong.

46 posted on 01/23/2010 2:55:30 PM PST by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: FreeLuna
Well, the definition of abuse is defined by courts. If, in my work duties (or even off duty actually)I notice strange unexplainable bruising, bleeding, cuts, burns or even behaviors that may indicate abuse of a client, I call the police. It has happened to me once, and, I was right. What if I had ignored my suspicions and said nothing?

I've been my wife's caregiver 25 years. Good doctors check and ask questions. About 7 years ago we had to change primary care doctors. The doctor had never met us before and my wife had some old healed over pressure sores. He asked plenty of questions and I knew where he was coming from on it asking how each one happened and I knew how each one happened. Pressure sores come from vitamin issues a lot of times. {Biotin works wonders}.

We have an established trust with the doctor now and it's a lot more relaxed. It raised his suspicion too that I was in the exam room with her. I have been since day one because I do the lifting if needed and I am the one who has to do things like appointment scheduling, getting meds etc. That and I have her medical history in my head LOL.

I've also been on the other part as a Foster Parent in this state and I know the problems of the DCS in Tennessee. I have been involved in an abuse case. I know how a kid acts that has been abused sexually and I know how a kids acts that has been abused emotionally. Unless the kids behavior was strange as in acting out etc the nurse should have let the doctor handle it. Had their been an abuse case she likely blew it doing what she did anyway.

Someone experienced in abuse in children can get a lot more detail not in what they see by examining the area the nurse did first but what they see & hear in the child. Many perps molesting small kids just touch and you're not going to tell anything much anyhow. In older children such an exam doesn't tell them much either. They go more on behavioral. The first to pick up on it at school would have likely been the teacher.

47 posted on 01/23/2010 3:26:30 PM PST by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: Las Vegas Dave

What if...during the vaginal ‘exam’, it was discovered that she had been sexually abused or sodomized?

Just asking.

6 years old is not yet the “age of reason”.

She may have responded ‘no’ to the question if somebody touched her ‘down there’, out of fear.


48 posted on 01/23/2010 3:31:12 PM PST by DCPatriot ("It aint what you don't know that kills you. It's what you know that aint so" Theodore Sturgeon))
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To: metmom

I offered no defense of the nurse’s actions. I did attempt to point out that there is another side of the coin. It can be a real catch-22 for some of us. Do I keep my mouth shut, or do I say something? (My job requires me to report suspected abuse. I’ve never reported any because nothing I’ve ever seen could only have been present due to physical abuse. But, technically, I could lose my my job if I don’t report anything I observe.)


49 posted on 01/23/2010 3:43:34 PM PST by Clara Lou
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To: DCPatriot
6 years old is not yet the “age of reason”. She may have responded ‘no’ to the question if somebody touched her ‘down there’, out of fear.

You watch the kids behavior. Most kids being abused in any form including getting beaten are going to act out in their behavior. A person who knows what they are doing will get tons more useful information out of a kid talking to them first for a considerable time likely several times than jerking down their pants for a look in their privates.

Unless the perp is actually engaging in a full act you likely won't be able to determine anything in that manner. If a kid is showing bleeding in that area at school yea you have a problem Houston. Most sexual abuse in very young kids can not be detected by a physical exam. Most just touch the kids or have the kids touch them

These creeps are so careful they have the young kids look elsewhere so anatomy of the perp can not be described to authorities.

50 posted on 01/23/2010 3:53:12 PM PST by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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