We took our child to her scheduled appointment for a Ultra sound because her doctor was concerned with the growth of her head, she was born premature at 33 weeks and almost died. The doctor claimed it was abuse because our daughter had a subdural hematoma and a fractured ankle. We contend that the ankle fracture happened at the hospital when she was restrained to the x-ray scan machine. Our children was removed within 5 hours after the MRI results. The judge fond that the doctor was vindictive in the way she framed the case and she left out important information that would have ruled out abuse. The judge also found that dyfs show no evidence that the home was not fit or safe for our children.
Congratulations on winning your abuse.neglect factfinding. I'm sorry you had to endure the DCP&P intervention and disruption to your life. I'm also sorry to say that it is virtually impossible to win a lawsuit against DYFS for a tort claim, such as false prosecution or infliction of emotion distress. Fraud would be very hard to prove. I suspect that if you could find a lawyer who would take this case, you would have to pay a huge retainer and your chances of winning would be slim. It may be best just to move on.
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