O'Heron v. Blaney
Georgia Supreme Court
276 Ga. 871, 583 S.E.2d 834 (2003)
- Written by Liz Nakamura, JD
Facts
Thomas and Jean Blaney (defendants) had two grandchildren. The grandchildren’s mother, the Blaney’s daughter-in-law, suspected the Blaneys had abused the grandchildren during a weekend visit and brought the grandchildren to Dr. Sara O’Heron (plaintiff) for an examination. During O’Heron’s medical examination, the grandchildren made specific allegations of sexual abuse against the grandparents using anatomically correct dolls. Based on the grandchildren’s statements and the results of a physical exam, O’Heron reported suspected sexual abuse to the police. The Blaneys were indicted on child sexual-abuse charges. Ultimately, the district attorney’s office declined to prosecute. The Blaneys then sued O’Heron for negligence, malicious prosecution, and malpractice. O’Heron countered, arguing that she had immunity as a mandated reporter. The trial court granted O’Heron summary judgment. The appellate court reversed, holding that, to be entitled to claim immunity, O’Heron needed to prove both that (1) she had reasonable cause to believe the grandchildren were being abused; and (2) she filed the abuse report in good faith. O’Heron appealed to the Georgia Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Fletcher, C.J.)
Dissent (Carley, J.)
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