Did Women And Children's Hospital Fail To Report Child Abuse?

April 3, 2012 Updated Apr 3, 2012 at 7:42 PM EDT

By WKBW News

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April 3, 2012 Updated Apr 3, 2012 at 7:42 PM EDT

BUFFALO, N.Y. An eleven month old baby girl from Springville was abused by her father not once, but twice. Now the State Department of Health is pointing the finger at Buffalo's Women and Children's Hospital, saying it failed to take the proper steps to protect the child. Eyewitness News Anchor Joanna Paceri reported this Eyewitness News investigation.

It was a serious injury that first brought the eleven month old girl to Children's Hospital on November 9th in 2011. She was bleeding in the skull so severely, she required a transfusion and was in the hospital for 5 days.

Investigators say at the time doctors couldn't rule out that the injuries were caused by a blood disease, so the little girl was sent back to her Springville home with her parents. Detectives say another attack then took place, causing bruising and bleeding in the eye.

That is when police and Child Protective Services were contacted, and her father, Antuan Jordan was arrested. According to a New York State Department of Health investigation, Children's Hospital of Buffalo was wrong not to contact authorities the first time.

Department of Health documents obtained through the Freedom of Information Law say, "The facility did not ensure compliance with New York State Law Reporting Procedure for child abuse."

The documents also say, "Although a number of medical staff documented that they suspected the injury may have been the result of abuse, a report to child protective services was not made."

Children's Hospital responded to the Department of Health investigation by saying, "...Child Protective Services did not need to be involved in the first hospital admission since there were not any physical findings or social concerns that would suggest abuse or neglect."

The hospital says it was during the second admission that Child Protective Services was called because of bruising on the face and bleeding in the eye, injuries more consistent with abuse.

Following its investigation, the State Department of Health ordered Children's to submit a Plan of Correction by the end of February this year, that included counseling and re-training of Emergency Department staff on suspected child abuse and mandated reporting.

Women and Children's Hospital released a statement to Eyewitness News saying, "It is the hospital's policy and responsibility to comply with all New York State laws regarding the reporting of suspected abuse, with some cases more challenging than others. The hospital says it is always seeking ways to improve the care of patients, and that a plan of correction approved by the Department of Health related to this case has been implemented.

The father of the girl, Antuan Jordan pleaded guilty last month to attempted assault. He is scheduled to be sentenced April 12th.