HomeMy WebLinkAboutThe Lucknow Sentinel, 1996-02-28, Page 6Page 6 Luekuaw Sentinel, Wednesday,February 28 1990
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LINLAY DECIIMAI Ors
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11 it I, I"APER: ,%` I) 1.1.1.. PUNT -4,401
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Normally sending physician.
contacts Child's Aid
*from page`
Gloor say it Is normally the responsibility
of the sending physicianto contact the
CAS.
The driver of the ambulance, Phil :S*nith„.
reiterated tate same information, stating that
from the documentation they had received
there was:: no indication prior to leaving
WH the CAS had been 'notified. Smith
said he overheard the medical staff at.
CHWO talking about ngtifying the CAS.
He said that was at approximately 3 a.m.
Under cross examination Smith said they
had no way to contact the CAS themselves
from the ambulance..
A statement taken by police from Dr.
Shubat was 'entered .as evidence. In that
statement,; the doctor reportedly told police
that ;during his conversatoan with: Dr., Gloor
he advised: her that he had'.not yet reported
.the case to the CAS due to the late hour and
-that he would have .:one.: of his staff call at
10,34 the following morning.
Dr, Gloor testified that she made the call
to London CAS at approximately 3:15 a.m.
.Following testimony^ frorn two "Case
workers with the CAS, the Crown wrapped.
up its case;
Little called just one witness to the stand
Dr. Shubat:
1.`hephysi n said'hilinain concern that'
evening was the treatment of the, child,
When ordering a. CAT Scan in London
because, of his concern for the child's
injuries, Dr,' Shubat. said Dr. Gloor asked if.
he had contacted the CAS. He replied)*
had, nut and she said she would::
The physician explainedthatpast history”
contributed: to his- decision to call the next
day asopposed to`late at night.
'10 the Winghaan phone book the number
listed (for the CAS) is . a Stratford answer-
ing servicePast history is that it can take a
half (hour to get a return.phone call" he
said,
Dr:' ,Shubat explained he had called the
AS before; but'had never had cause to call
at night. Thee was no other reason for his
not .calling late atnight, he explained, then
that of the time delay in response. He said
he did not want; to hold up further treatment;
fpr the child by waiting fora return phone
call. •
lie said he left !VVDH at 12:45, a.m. hav-
ing made the transfer arrangementsand
turning over the patient documentsto the
night supervisor. When he returned to
WDH the following tnorning,`he said quite
a "kerfuffte'"-had broken out because he
hadn't called the CAS.
"I knew .trey would be called in
London," he said,
Morris told tete doctor in his cross- exami-
nation this was not just a case of suspected
abuse, but a case of proven abuse:
"'There was overwhelming evidence," he
told the doctor., "Within 10 to' 15 minutes.
you knew it was child abuse."
WON'T
•
Ian V your ESCAPE
evelop a horse fire
escape plan
now and . ,_
practice it.
regularly.
Monis also said the doctr:r had time to
Bail the CAS while the x-rays were taking
place beoause the child was out of his
immediate care for a halfhour.
What were you ,doing.?"
"Seeing other patients,'" Dr. Shubat
replied.
Morris questioned the doctor on his
statement to police in whichhe states that
the vase had not_ ; n reported to the CAS
because of the lit hour and that he felt
nothing could be a omplished,
"My main priority was treating the child.
Putting in a phone call to Stratford,wouldi't
have proven .anything. The past history, is
that it takes at least a half hour to get a
return call," Dr. Shubat replied.
"If you choseto, you could have made
the call?" Morris asked.
"'Yes," the doctor replied.
"Then why take the position that it could
wait until the child arrived in London?"
"I didn'tfeel the Huron CABS could
respond timely," Jr.. Shubat replied.
"Is it up to you to make that decision?"
Morris shot back,
"Yes," Dr. Shubat replied. "The child
wzsgoing to London. The child was safe,
Ht; roti, (CAS) was not going to be able to
intercede in a timely fashion, What was 1
going to do, : chase the, ambulance to
London?"
"No," Morris replied. "Call the CAS,"...
In his sumtnation Morris said Little's
stance on the legislation requires a "reality
check".
"There is no other. section ' (of the act) •
that .can apply. If . you note, Subsection 111 ;
places the ° onus :on healthprofessionals to
•report. My submission is that this case is
like rungs on a ladder; You can't get to rung,
three.without rung. two. The doctor had rea-
sonable grounds to suspect (child abuse).
What this case,tdrns on, is ".fortl With',"
Morris, cited examples of case la W from
the, Supreme Court of Canada on riling on
"forthwith" in. regard' to breathalyzer 'evi-
dence.
evi-de'nce. The Supreme +Court's.; position, .
according to:.what Monis presented, is that
"forthwith" means less than, a half-hour.
"Within 10. to 15 minutes, the doctor
carne to. the conclusion this child had been.
,abused. We 'hear. therewas an x-ray taken(
It's 12:30 when'he contacts London. Prior
to that he is asked by Nurse Ashley about
the reporting business. Hesays he doesn't
know what he is going to do. Dr. Gloor asks
the same{question. Ile says'No you do it," :
It is not a conversation of 'afire you going to
report?'
"He was :confronted by two profession-
als. Ile leaves at 12:45, but doesn`t, report it
then. His statement' was 'It was too late.' Is
it up to the doctor to make those kind. of
-decisions?",-
Morris added,- "The section is .designed
to protect children. `It isto ensure that .peo-
pie do their jobs:"
ore pflone scams
OPP are arning people to beware of potential tele:
phone scan*.
People are offered cars and trips but aro usually required
to send money_to cover.shipping or to claint the prize.
"It`s- something ,for notlnng. ,No cars 'have ever ;been
'gh'en," said Constable Andy Eorgess
He said' most of tlre Galls conte from Montreal»based
companies and be advises -people' to ,must hang up the
phone.
Burgess is also warning people about chain :letters.
Last week, OPP received ;a report of two, letters in
I(incardine asking for $2 or $5. The person would then
send out: several more letters asking for other peopleto
send :them money...
° tie '.also said there have been door-to-door, sales people
for Magazines subscriptions last week.
*The sales people were legitimate but Burgess suggests
people ask to see a municipal peddler's licence and identifi-
cation before purchasing something at the door" ,
He said it's safer to buy a product tlirectiy from a place .
of business,