Draper v. Westerfield

Citation181 S.W.3d 283
PartiesAngela Kamille DRAPER, as Parent, Survivor and Next Friend of Bryanna Faith Draper, Deceased v. Larry H. WESTERFIELD, et al.
Decision Date12 October 2005
CourtSupreme Court of Tennessee

Andrew T. Wampler and Richard Mann Currie, Jr., Kingsport, Tennessee, for the Appellant, Larry H. Westerfield.

Kenneth D. Hale and Paul Raymond Wohlford, Bristol, Tennessee, for the Appellee, Angela Kamille Draper.

JANICE M. HOLDER, J., delivered the opinion of the court, in which E. RILEY ANDERSON, C.J., and FRANK F. DROWOTA, III, ADOLPHO A. BIRCH, JR., and WILLIAM M. BARKER, JJ., joined.

OPINION

In this appeal, we must determine: (1) whether the defendant, a doctor, is immune from liability pursuant to Tennessee Code Annotated section 37-1-410(a) (1996) in connection with his review of a child abuse victim's medical records as requested by authorities investigating allegations of child abuse; (2) whether the defendant has a common law duty to report suspected child abuse; and (3) whether Tennessee Code Annotated section 37-1-401, et. seq. (1996) provides a private right of action for failure to report suspected child abuse. We conclude that immunity under Tennessee Code Annotated section 37-1-410(a) is afforded only to those who actually report harm. Because the determination of whether the defendant reported harm involves a genuine issue of material fact, the Court of Appeals correctly held that the trial court erred in granting summary judgment on this issue. We further conclude that by reviewing the victim's medical records, the defendant undertook a duty to use reasonable care in reviewing the records and reporting his findings and conclusions to the investigators. Finally, we hold that because the plaintiff did not assert a private right of action pursuant to Tennessee Code Annotated section 37-1-401, et. seq. in her complaint, the Court of Appeals erred in addressing the issue. Accordingly, the judgment of the Court of Appeals is affirmed in part and reversed in part, and the case is remanded to the trial court for further proceedings consistent with this opinion.

On June 2, 2000, three-month-old Bryanna Draper ("Bryanna") died as a result of injuries inflicted upon her by her father, Daniel Lee Draper ("Mr. Draper"). Bryanna's mother, Angela Draper ("Mrs. Draper"), as parent, survivor, and next friend of Bryanna, brought suit against several defendants, including Dr. Larry Westerfield ("Dr. Westerfield"), a radiologist. The following facts relate to Mrs. Draper's claims against Dr. Westerfield.

In May 2000, Bryanna was admitted to Holston Valley Regional Medical Center for x-rays and a CT scan1 of her brain. Mrs. Draper alleges in her complaint that various physicians opined that Bryanna's x-rays were "normal" and that they discharged Bryanna to her parents on May 14, 2000.

During the same time period, the Department of Children's Services ("DCS") began an investigation regarding possible child abuse of Bryanna. On May 15, 2000, Diane Stanley ("Ms. Stanley"), a DCS caseworker, contacted the hospital's radiology department and requested a second opinion regarding Bryanna's x-rays. An employee in the radiology department scheduled an appointment for Ms. Stanley with Dr. Westerfield for the following day.

Ms. Stanley and Detective Louis Elias of the Sullivan County Sheriff's Department met with Dr. Westerfield at the hospital and requested that he review the x-rays and CT brain scan as part of the investigation. Dr. Westerfield claims he informed Ms. Stanley and Detective Elias that he observed abnormalities including a small bifrontal subdural fluid collection or a hygroma2 in the CT scan, an arm fracture, and a clavicle fracture. According to Dr. Westerfield, he further informed the investigators that he observed signs of possible abuse and that the parents were the likely abusers. Dr. Westerfield also claimed he told the investigators that he did not believe that the injuries resulted from mishandling by nurses at the hospital.

Ms. Stanley claimed that upon examining the CT scan, Dr. Westerfield stated that the report should represent that the scan was abnormal rather than normal but that the abnormality was not a cause for concern. According to Ms. Stanley, Dr. Westerfield opined that Bryanna's injuries could have occurred as a result of Bryanna's reaction to the hospital nurses' attempts to treat her. Ms. Stanley maintained that Dr. Westerfield never told her that Bryanna's injuries likely resulted from abuse by her parents. Ms. Stanley testified that if Dr. Westerfield had stated that he observed signs of child abuse, she would have removed Bryanna from her parents' custody. Ms. Stanley stated that her meeting with Dr. Westerfield was only one component of her investigation and that she continued with her investigation after their meeting concluded.

Mrs. Draper filed suit against Dr. Westerfield claiming that he had a duty to report his suspicions of Bryanna's abuse to the investigators. If Dr. Westerfield had reported this information, the investigators would have removed Bryanna from Mr. Draper's custody.

Dr. Westerfield filed a motion for summary judgment contending that Mrs. Draper failed to establish the required elements of medical malpractice because a physician-patient relationship did not exist between Dr. Westerfield and Bryanna and that Dr. Westerfield did not deviate from the applicable standard of care. Dr. Westerfield further maintained that Tennessee Code Annotated section 37-1-410 (1996) provided him with immunity. The trial court granted summary judgment to Dr. Westerfield. With regard to the medical malpractice claim, the trial court found that no physician-patient relationship existed between Dr. Westerfield and Bryanna. Recognizing that Mrs. Draper also alleged negligence, the trial court further found that a disputed issue of material fact existed as to whether Dr. Westerfield reported child abuse to the investigators. Regardless of the content of the information, however, the trial court held that Dr. Westerfield was entitled to immunity pursuant to Tennessee Code Annotated section 37-1-410 (1996) for cooperating with the investigators and providing information to them.

The Court of Appeals affirmed the trial court's judgment, finding that no physician-patient relationship had been established between Dr. Westerfield and Bryanna. The Court of Appeals further concluded that Tennessee Code Annotated section 37-1-401, et. seq. (1996), entitled "Mandatory Child Abuse Reports," creates a private right of action against one who fails to report suspicions of child abuse. The intermediate appellate court held that immunity under Tennessee Code Annotated section 37-1-410 (1996) attaches when a person reports suspected child abuse and not when he or she fails to do so. The Court of Appeals concluded that the content of the information that Dr. Westerfield provided to the investigators was a disputed issue of material fact and therefore reversed the trial court's grant of summary judgment on this issue. We granted review.

ANALYSIS

The trial court's decision to grant summary judgment is appropriate only if Dr. Westerfield demonstrated that no genuine issues of material fact existed and that he is entitled to judgment as a matter of law. See Tenn. R. Civ. P. 56.04; Penley v. Honda Motor Co., 31 S.W.3d 181, 183 (Tenn.2000). We review the trial court's decision to grant summary judgment de novo with no presumption of correctness attached to the trial court's conclusions. See Mooney v. Sneed, 30 S.W.3d 304, 306 (Tenn.2000). We also view the evidence in the light most favorable to Mrs. Draper, the non-moving party, drawing all reasonable inferences in her favor. See Staples v. CBL & Assocs., Inc., 15 S.W.3d 83, 89 (Tenn.2000). The purpose of summary judgment "is to resolve controlling issues of law rather than to find facts or resolve disputed factual issues." XI Props., Inc. v. RaceTrac Petroleum, Inc., 151 S.W.3d 443, 446 (Tenn.2004) (citation omitted). The primary issues underlying a motion for summary judgment are "(1) whether a factual dispute exists; (2) whether the disputed fact is material to the outcome of the case; and (3) whether the disputed fact creates a genuine issue for trial." Byrd v. Hall, 847 S.W.2d 208, 214 (Tenn.1993).

A. Immunity

Dr. Westerfield maintains that irrespective of the causes of action alleged by Mrs. Draper, he is immune from liability pursuant to Tennessee Code Annotated section 37-1-410 as a result of his cooperation with investigators. The version of Tennessee Code Annotated section 37-1-410(a) (1996) in effect when the events subject to this lawsuit occurred provides that "[a] person reporting harm shall be presumed to be acting in good faith and shall thereby be immune from any liability, civil or criminal, that might otherwise be incurred or imposed for such action."3 Under the plain language of the statute, a person who reports harm is immune from all civil and criminal liability that otherwise may arise from such action. Because Mrs. Draper's claims against Dr. Westerfield are based upon the doctor's conduct with regard to the investigation of child abuse claims, Dr. Westerfield is entitled to immunity if he "report[ed] harm" under the statute. See Tenn.Code Ann. § 37-1-410(a) (1996).

A "[r]eport of harm" is a "report filed under [section] 37-1-403." Tenn.Code Ann. § 37-1-401(3) (1996). Tennessee Code Annotated section 37-1-403(a) (1996) lists the circumstances under which a person is required to report suspected child abuse. According to this subsection,

Any person, including, but not limited to, any:

(1) Physician, osteopathic physician, medical examiner, chiropractor, nurse or hospital personnel engaged in the admission, examination, care or treatment of persons;

(2) Health or mental health professional other than one listed in subdivision (a)(1); [or]

. . . .

(8) Neighbor,...

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