There are close to 1,700 people with cerebral palsy and other disabilities living in the California Department of Public Health’s institutions for the developmentally disabled. For years, any record of abuse or neglect was hidden from public eyes. The Center for Investigative Reporting (CIR) sued the department for withholding these documents. The department released highly redacted versions of the citations, and now a California state court is ordering the release of the full, uncensored versions.
The defense for the institutions argued that the redacting was necessary because the patients’ medical information is confidential. The judge disagreed, saying that blacking out the information defeats the purpose of releasing the documents.
“Under (the department’s) construction, redacting factual information from the citation, the public knows a violation has occurred, but cannot ascertain how the violation occurred, whether it has been corrected, or whether it is likely to be repeated,” Judge Timothy Frawley wrote. “The purpose of making the citation public is defeated.”
The citations in question include allegations of neglect, such as:
- Violating patients’ rights
- Failing to protect patients from harm
- Failing to provide competent medical care
We applaud the judge’s decision. The public deserves to know that the most vulnerable members of our society are receiving compassionate, competent care.
If you have a child with cerebral palsy, give us a call at 1-(800) 460-0606. Negligent physicians may have contributed to your child’s condition, and you have a right to seek compensation for their mistake. Contact us today to schedule a free case review.
Cappolino Dodd Krebs LLP – cerebral palsy lawyers
