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In the court case Baldwin v Trawick Trawick argued that Oconee Regional Medical Center intentionally caused emotional distress and injury to her peace and happiness and punitive damage after personnel at Oconee Regional Medical Center to Baldwin Countys Department of Family and Children Services DFACS According to a drug screening test done at Oconee Trawicks four year old daughter tested positive for drugs The facts show that Trawicks daughter Chenel received medicine for an upper respiratory infection and bronchitis Chenel was later taken off the medicine due to behavioral disorientation Chenels pediatrician instructed Trawick to take her to Oconee because her symptoms werent improving While at the emergency room Chenels urine tested positive for PCP which was reported to DFACS Trawick transferred her daughter to another hospital for a second opinion True enough Chenel tested negative for PCP causing DFACS to close the file on acknowledging the misdiagnosis The law states out of OCGA 19-7-5 c1B reasonable cause to believe that a child has been abused shall report are cause reports of the abused to be reported to DFACS It also states that reports of this type should be made orally by telephone or by other means as soon as possible and failure to make these reports may result in criminal prosecution OCGA 19-7-5 eh In addition under OCGA 19-7-5 f anyhospital participating in the making of or causing a report regarding suspected child abuse to be made to DFACS or to an appropriate police authority shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed provided such participation is made in good faith Oconee Regional Medical Center argues that they were only acting in good faith when they reported Chenels urine test to DFACS This act of judgement entitled Oconee to immunity from Trawicks suit under OCGA 19-7-5f Trawick argues that the issue wasnt if they were acting in good or bad faith
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