Child Medical Malpractice

MISDIAGNOSIS BASED ON RELIGIOUS BIAS TESTING Our eight-year-old daughter Eliana was administered the ADOS test to determine a diagnosis of autism. Eliana was recommended for the ADOS test by neurologist Dr. Dass who is also a part of the same network. Her Developmental PCP and neurologist have documented and are aware that Eliana suffers from anxiety and talks weekly to a therapist. We have experience with ADOS testing as we sat through a test with our 10-year-old son while it was conducted through a two-way window. For Eliana’s ADOS testing, I was instructed to leave and wait in the waiting room, which is located down several turned-down hallways. The only way back inside is by a staff member buzzing me in. I was not easily able to come and check on my daughter. According to Eliana, she felt so afraid that I was leaving that her legs locked up. Eliana was told that she could get me whenever she wanted, but she later told me she didn’t feel like she could. The test began in a small room behind closed doors where only the tester and Eliana were present. I immediately called my wife Krystal who instructed me to return to the testing room. I returned to the room after about 10 minutes of absence where the door was closed. I knocked and waited for a response to come back inside. With Eliana’s mother Krystal on speaker phone, Krystal stated that she wanted me present for the testing. Maria who conducted the test appeared agitated at this response and explained the test is better done without a parent present. Uncomfortable with the closed door and no accountability to verify what goes on behind the closed doors, Krystal recommended the two-sided mirror room where our older son Caleb received his ADOS test previously. Again, Maria showed visible signs of frustration at this interaction in front of Eliana. I was told to sit while Maria continued with a few more exercises for the test. A few minutes later Maria started gathering her materials in order to go to the two-sided mirror room. Maria once again appeared visibly frustrated which made Eliana feel uncomfortable. We did proceed to the two-sided mirror testing room where I ensured Eliana I would be there for the whole test and wouldn’t leave her alone, knowing that she was extremely anxious without me. Before the test continued she asked where I was and ran up to the two-sided window to confirm I was there on two separate occasions. As the testing continued Eliana was asked a few social questions. She responded about her interactions with other peers her age at a religious event our family attends annually. Eliana is homeschooled so her social interactions take place outside of a typical public school environment. The annual religious event we attend is one of our children’s favorite times of the year since they get to see friends they’ve made over the years that they mainly only see at that event. Maria’s follow-up question was about how discipline is conducted at home. Eliana’s immediate response was that we have a paddle that we use if she misbehaves. Maria’s animated reaction made Eliana respond in a shocked defensive attitude as she explained that the paddle isn’t bad, doesn’t hurt, and that she doesn’t really ever get spanked. (I have this reaction on video which Maria\'s supervisor Nicole demanded I delete) From there Eliana changed the subject to her brother who can bother her at times. Maria interrupted her and continued to ask about discipline. She asked if the paddle hurt and if we ever leave marks and Eliana went out of her way to shake her hands vehemently responding no. Maria then asked if Eliana is disciplined at her church. Eliana seemed confused at the question and responded no. Maria remained on the topic of discipline for some time after this questioning. The remainder of the testing from then on went very quickly. It didn’t take too long after the discipline questions for the test to conclude and for me to be reunited with Eliana. Maria gave Eliana crayons and paper and sat her in a room by herself and said she needed to speak with me. I didn’t know the extent of the upcoming conversation as I was expecting a similar debrief as our former experience with the ADOS test. We returned to the testing room where Maria closed the door to talk with me. Immediately she asked about discipline. I explained how Krystal and I have ground rules, including never administering a spanking in anger, never exceeding two appropriately controlled smacks on the behind, and always providing a clear explanation to our children about discipline. I also confirmed that Eliana barely ever gets a spanking as she is extremely sensitive to simple verbal disappointment. For the entirety of this conversation, Eliana was put in a room alone with an open door panicking and calling out for her father. She didn’t know where I was and was very anxious about the strangers passing by her room. I called my wife on our drive home. This resulted in traumatizing turmoil for both Krystal and Eliana. Eliana was in a fetal position crying at home that evening terrified to be taken away as she has heard about CPS before and cases of children being taken away from their parents. Upon returning home, Krystal and I called Children’s Specialized Hospital to share our disturbance with this testing. We spoke with Maria’s manager Nicole who confirmed she would find out what happened and call us back. Nicole returned our call with Maria present. We shared how shocked we were about so many aspects of this ADOS test. Nicole did share that this kind of test cannot be done again as it would be tainted. The ADOS test that was conducted was mishandled as it was administered by a practitioner who visibly made our daughter uncomfortable enough to be unable to answer the questions accurately. Home discipline was a large emphasis with a religious integration that the ADOS test does not require. Eliana later shared how Maria made her feel scared and intimidated. This alone had an effect on Eliana’s responses during this very important test that we have been waiting for, for a long time. This entire testing experience caused visible anxiety from the first moments, throughout the test, and after the test. The practitioner who conducted The ADOS test mishandled the test. We refuse to accept any report or recommendations stemming from a religious bias diagnosis. We are now left without the possibility of a well-conducted test in order to ascertain an accurate diagnosis of any potential issues this test is intended to discover. After the CPS visit, we submitted a complaint to the Board of Psychological Examiners under the NJ office of the attorney general. We have since received an acknowledgment from the board and from Children’s Specialized Hospital confirming that an internal investigation would be carried out. The next time we heard from Nicole, she asked how we wanted to go over the test results produced by Maria and we reminded her that we were very clear about not accepting any results that stem from Maria’s findings. It is our grievance that we are unable to have this essential test done again as it is now tainted according to Nicole. This has resulted in further anxiety and trauma for our daughter. As parents, we feel helpless about how we can help our little girl with her mental health issues. This is religious prejudice as her church and discipline should have never been associated. Making them synonymous in her ADOS testing is inappropriate. This idea of religious abuse is now a planted seed in the mind of our child. The only context of the church was Eliana sharing how she has a lot of friends connected by her church as her parents are Pastors. Her memories of her church and religion should bring her joy and comfort, not a perversion to disciplinary associations.