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Tuesday, May 28, 2013

State of Illinois

Madison County Physician Loses License for One Year

Failed to report child abuse to state authorities

SPRINGFIELD, IL – An order suspending the medical license of Dr. Gita J. Malur for one year has been reinstated today after a Madison County judge upheld the Department of Financial and Professional Regulation’s (IDFPR) original order of suspension from December 1, 2011.   The suspension will begin on June 3, 2013.

“Failure to notify authorities of possible child abuse is a serious violation of the Medical Practice Act, and a serious violation of the responsibilities of those we entrust with our health and well-being, said Jay Stewart, Director of the Division of Professional Regulation. “A one year suspension followed by a year of probation is an appropriate discipline.”

The disciplinary action stems from a 2009 formal complaint against Dr. Malur’s license after the department learned that Dr. Malur had failed to notify the proper authorities about suspected child abuse of a patient she was treating until his death in December 2007.

“IDFPR and the courts should be applauded for holding Dr. Malur accountable for the death of this child, which could have been prevented,” said Dave Clarkin, DCFS spokesperson. “Every Illinoisan has a moral responsibility to report suspected child abuse and neglect, and for those entrusted with our children’s care, the responsibility is also a legal and professional one.”

The patient was a two year old boy who was treated in September, 2007 for multiple bruises and possible human bite marks at the emergency room at St. Anthony’s hospital in Alton.  Dr. Malur was aware that child abuse was suspected and was asked by a Department of Child and Family Services (DCFS) if there were any concerns about the child’s care.  Dr. Malur responded that she had no concerns about the child’s care.  On December 18, 2007, the child was again brought to Dr. Malur’s office for what was diagnosed as a fractured sternum.   On December 28, 2007, the child died.  The autopsy found that in addition to the fractured sternum, multiple bruises, burns and other evidence of possible abuse were found.  The cause of death was determined to be a blunt head trauma and deemed to be a homicide.

After Director Stewart signed the discipline ordering the suspension of her license, Dr. Malur immediately sought judicial review on the matter in Madison County.  The suspension order was stayed by the court until the judge could review and rule on whether the disciplinary action was appropriate.  On May 16, the Circuit Court of Madison County affirmed the actions taken by IDFPR and the order was reinstated today.

Please click here to view the IDFPR Complaint and Order
Please click here to view the Madison County Court Order


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