Not every injury will be a crime. It will just need to be investigated as one. My wife’s cousin had to put up with several years of harassment by the local Child Welfare folks because of a Hospital report about her son’s broken arm. Random inspections, time lost from work, interrogations at the offices. Didn’t help the shaky marriage which failed during this. It may still have failed but they were so busy fighting to keep their son, they lost the family.

Hindsight bias was no doubt a large part of the plaintiff’s argument, and the jury bought it. But were they aware of the sentence of the actual perpetrator? probably not. The best a criminal jury could come up with even knowing the boys injuries was a couple of misdemeanor charges. Using all of the evidence gathered after the fact by the DA a misdemeanor is all that can be said?, yet somehow the hospital, without two years of investigation is supposed to reach a conclusion on the spot and refer to investigation.

Childhood is and should be a bit dangerous. A broken bone in a young boy is a very normal thing. I would hope that we don’t get to the point that every injury is labeled a crime.

Even if there were huge red flags everywhere and the hospital clearly screwed up, so did the father of this child in not noticing that his ex wife/her boyfriend were pond scum.