Mandatory Reporting free essay sample

The mandatory reporting law is a great law that is in need of major revisions. The role of the doctor has been clear and distinct in my life. I have always looked at my doctor as a person who assists me with health issues. But somewhere down the line, the role of the doctor has changed. Doctors are taking on the decision making of the patient. In a recent bill that was passed, practitioners are required to report any physical injury that is due to firearm, assault, or abusive conduct. This law is called, â€Å"The Mandatory Reporting Law†, in which it aids victims of domestic violence. We will write a custom essay sample on Mandatory Reporting or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However the word â€Å"aid† has speculated through many people in examining this law. Mandatory Reporting has become a big controversial topic, in which people are investigating the pros and cons. To understand the pros and cons of the Mandatory Reporting law it is important to address the historical and social relevance of domestic violence. Domestic violence has been an ongoing problem for centuries. Historically men would have power over their wives. Women would be beaten for not having the dinner made or not taking part in sexual activities. Domestic violence was very common, in which the man would usually be the batterer and the woman would be the victim. Taking into consideration that women had no rights or power, they were subject to the abuse, society treated spousal abuse as a normal way of life—domestic violence was not seen as a crime. According to Dr. Mitizi Krocker (Roan, 1996) many practitioners and police felt that it was not their job to assist in domestic violence situation. As years went by, women were starting to gain rights. Women started talking about their abuse and finding the courage to leave. As a result, resources were developing for victims of domestic abuse. A resource that was developed was the Mandatory Reporting Law. The Mandatory Reporting Law stemmed out of the ideologies of society not caring or taking domestic violence seriously. There were too many batterers getting off the hook and or not being caught. The Mandatory Reporting law would assist in building a stronger case for victims and creating a method for batterers to be prosecuted. Mandatory Reporting was introduced by Jackie Speier (Assemblywoman) in the O. J. Simpson era. In 1994, as Americans tuned into the O. J. Simpson case, domestic violence was becoming an interesting subject. People were eager to find out if Nicole Simpson (a battered wife killed) would be found justice. When the verdict was reached, domestic violence was confirmed as an insignificant matter. Unfortunately, O. J. Simpson was released and dropped of charges because of the lack of evidence in the defense of Nicole. Mandatory Reporting has been a tool that can help in the defense of a victim. Many victims are abused and never tell anyone and or visit a practitioner. As a result, when the victim appears in court they usually have no solid proof on the accusers side. With the help of Mandatory Reporting, practitioner are required to document and make a police report, in which hard core evidence is produced. Kramer (one of the victims in Smith article) suggests that mandatory reporting is an excellent resource—women that are victims of domestic violence are forced to report. She further explains that women who have come into hospitals have altered the truth about their injuries. Mandatory Reporting will confirm that these women will be taken care of, in regards to the batterer being confronted. Mandatory Reporting is available at any licensed doctor who performs medical services to the victim. The practitioner is automatically required to assist in domestic abuse cases. The question to be raised is what happens when victims do not want to be reported? Under the law practitioners are not required to inform the patient of the reporting. Victims are reported rather than agree or disagree to the terms. The doctor is obligated to report any suspicious behavior leading to domestic violence. As a result, Mandatory Reporting is being utilized frequently. However, many victims are catching on to the law, in which they are steering away from their doctors. Victims are afraid of the action that the law might take. The law is utilized daily to victims who come into the hospital with an injury. Practitioners who fail to report can result in a misdemeanor charge and or fine. Mandatory Reporting has the intended benefit. Critics have mentioned that Mandatory Reporting was designed to catch the battered and not worry about the well being of the victim. The intended effect has been accomplished through evidence; there has been an increase in prosecuting the batterer. However, an unintentional effect has been the decline in women going to their doctors for medical assistance. Immigrant women have really declined in seeking medical attention because they are scared to be removed from America. There has not been any evidence that has proven that mandatory reporting is beneficial to the victim’s safety. Beverly Upton states, â€Å"In some counties, officers show up at the victims home and arrests the batterer upon receiving the report from the practitioner this can increase danger for the woman. The law did not take into consideration the danger that some victims would encounter, when their spouse would be released from jail. Many batterers will leave jail, angry at their spouse for reporting the abuse. As a result, victims would be severely beaten. The victim would be afraid to seek medical attention again. Lynn Smith explains how many women are going to shelters for medical attention. Another unintended effect is that in some cases doctors are put into an awkward position, where they are faced to report something that their patient asked them not to do. The law is relevant but not accessible to marginalize populations. What the law brings to victims in a sense of loss freedom—not being able to make decisions about their personal wellbeing. The worst thing that could happen to a person is to take their freedom away from them. When people realize that their freedom is limited, few people will conform. Victims should have the right and support to keep their injuries confidential. A third party should not be involved in a situation, where the victim has refused the service. Adults are being treated as if they have no voice in regards to their life. Mandatory Reporting is not accessible to the marginalized population because it does not take into consideration all of the effects of the law. Mandatory Reporting is an excellent resource; however there are some things that could be modified. According to the Association of Women’s Health Obstetric and Neonatal Nurses (n. d. , p. 1), mandatory reporting should not be modeled from child abuse laws—these victims are adults who are capable to make decisions for themselves. I believe that victims should be able to have the right to decide whether they would like to report their injury or not. Practitioners do not know the circumstances of the particular family. Who gives them the right to decide on a family’s wellbeing? In some cases there are children involved. What happens to a child if they see one of their parent’s arrested? How will the child cope with not having a father or mother around? The law also does not take into the consideration of finances. If a family depends on one another for financial support, how will the family cope with a missing income? These are all question that should have been taken into consideration when the law was written. Beverly Upton suggests that there is a need for a change in the language if we would like to keep the law active. The language of the law is not formatted for victims to feel safe on reporting to their doctors on medical situations. The whole notion of doctors composing a report because of suspicion has also been a red flag. The word â€Å"suspect† is not accurate enough for me, because speculation can be wrong. A woman could have encountered a black eye because she was hit with a baseball. What does the doctor do, if there is a false report made? How will a family cope with a false arrest on a member of the family? I project that a victim must admit to being abused before the practitioner takes any additional steps. If the practitioner believes that the victims injuries were related to domestic abuse, the Practitioner should offer a class or counseling for the victim. As Lynn Smith (1995) states, â€Å"it is unfortunate that law requiring reporting came before the one requiring training. † Doctors should be required to take part in training, where they are taught to address and understand domestic violence to a patient. Practitioners should be able to recommend proper support when a victim is under abuse. In some cases, reporting their alleged abuse to the police is detrimental to the victim and or their family. The Mandatory Reporting Law has benefited and hindered victims of domestic violence. I agree with Beverly Upton, that there should be a change in language. The law is a good attempt to cracking down on domestic violence, but it leaves out the importance of the situation; which is to protect the victim. Mandatory Reporting should not be a tool to capture batterers, but a tool to assist and support victims. Jackie Speier must have kept in mind the safety of the victim. In writing a law, one must take into consideration all of the possibilities that may occur. The law benefits the victims that want to escape from their batterer, but it does not assist victims who are still in denial about their abuse. Many victims have trouble realizing that they are in a bad situation. Victims might feel that their abuse is caused by their behavior, or some might be victims of abuse for years in which they see nothing wrong with it. Before a judgment is called about a victim’s situation, there must be a full analysis of their circumstances. One must have a good insight on her life, before making judgment. There are too many risks that can take into place, if the right choice for the victim is not made. Mandatory Reporting becomes a controversial topic because there is a conflict with the purpose of the situation; some people believe that the end to domestic violence is capturing the batterer, as the opposing view would believe that the end to domestic violence is to remove the victim out of the situation in the best interest of the victim. The key to eliminating domestic violence is taking into consideration that everyone’s situation is different. There might be a need to call the police and have a batterer arrested in some situations in which the victim feels that he/she has had enough. In other cases the victim might not want to leave, in which counseling would be implemented to get him/her in the mind frame to leave their situation. Domestic violence is a sticky subject, in where it varies from place to place. Mandatory Reporting will not encompass all of the needs for victims of domestic violence; instead it will serve as an aid to a certain population. Until Mandatory Reporting is modified, the law will remain controversial in attempts to addressing domestic violence.