A Florida judge may let a jury hear what a child told a parent, a teacher, or an interviewer only after finding, on the record, that the statement is reliable enough to stand in for live testimony. I have argued that question many times since my years as a Major Crimes Unit attorney handling sex crime and child abuse cases. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys treat the child hearsay hearing as the trial before the trial, because it often decides whether the State has a case at all.

What is child hearsay under Florida law?

Child hearsay is an out-of-court statement by a child, offered to prove that what the child said is true, that Florida allows into evidence under a special exception. Under section 90.803(23), Florida Statutes, the exception covers statements by a child victim “with a physical, mental, emotional, or developmental age of 17 or less” describing child abuse or neglect, sexual abuse, or any unlawful sexual act, contact, intrusion, or penetration. Ordinary hearsay is excluded because the person who made the statement cannot be cross-examined; this exception lets the State use the child’s earlier words anyway, if strict conditions are met.

In practice, child hearsay includes what a child told a parent at bedtime, a teacher at school, a deputy at the scene, and a Child Protection Team interviewer on video. Prosecutors often present several of these statements in a row, so the jury hears the same accusation repeated by three or four adults before the child ever takes the stand. At The Brancato Law Firm, our first step is to list every statement the State intends to use and trace each one back to the first conversation.

When can a child’s statement be used as evidence in Florida?

A child’s out-of-court statement can be used as evidence in Florida only when three requirements are met. The statute also says the statement is inadmissible if “the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness.”

1. Reliability. The judge must find, “in a hearing conducted outside the presence of the jury,” that “the time, content, and circumstances of the statement provide sufficient safeguards of reliability.”
2. Testimony or corroboration. The child must either testify, or be unavailable as a witness with “other corroborative evidence of the abuse or offense.” Unavailability can include a finding that testifying would cause the child “a substantial likelihood of severe emotional or mental harm.”
3. Notice and findings. The State must notify the defense “no later than 10 days before trial,” with a written statement of what the child said, when, and the circumstances, and the court “shall make specific findings of fact, on the record.”

In State v. Townsend, 635 So. 2d 949 (Fla. 1994), the Florida Supreme Court set the order a trial judge must follow. The judge first decides whether the statement itself is reliable “without regard to corroborating evidence,” and only then asks whether corroboration exists. Corroboration cannot be used to prop up an unreliable statement. Our attorneys hold judges to that order, because prosecutors often argue reliability by pointing to other evidence.

What factors decide whether child hearsay is reliable?

Reliability is decided on the totality of the circumstances, and Townsend lists factors beyond the statute that judges still apply today. Each factor is a line of attack for the defense.

Research supports these concerns. In a review published in Psychological Bulletin in 1993, researchers Stephen Ceci and Maggie Bruck found reliable age differences in children’s suggestibility, while also finding that even very young children can recall much that is forensically relevant (National Criminal Justice Reference Service abstract). That is why the questions asked before a formal interview matter as much as the interview itself. The Brancato Law Firm often works with forensic psychologists who can explain to the judge how suggestive questioning affects a young child’s account.

How many Florida child abuse cases involve sexual abuse?

Sexual abuse is a significant share of Florida’s child maltreatment cases. In 2023, Florida had 22,842 child victims of abuse or neglect, and 13.6 percent of victims experienced sexual abuse, according to the Child Welfare League of America’s 2025 Florida fact sheet. Many of those cases begin with a child’s statement to an adult, which is why section 90.803(23) comes up in so many sex crime and child abuse prosecutions.

Can child hearsay be used if the child does not testify?

Child hearsay can be used when the child does not testify only if the child is legally unavailable and there is corroborating evidence, and even then, a statement given to police or a Child Protection Team may be barred by the Sixth Amendment right to confront witnesses. In State v. Contreras, 979 So. 2d 896 (Fla. 2008), a Child Protection Team coordinator videotaped a child’s interview while a detective in another room fed her questions. The Florida Supreme Court held that the interview was “indistinguishable from an ordinary police interrogation,” so the statement was testimonial. Because the defendant never had a real chance to cross-examine the child, and discovery depositions taken without him present did not count, admitting the video violated his confrontation rights. The Court reversed the capital sexual battery conviction, where the video was the only evidence of penetration.

The lesson is that statements to a Child Protection Team are treated differently from a child’s words to a parent. When the child is not going to testify, our attorneys at The Brancato Law Firm challenge every interview conducted with law enforcement involvement on confrontation grounds, separate from the reliability hearing.

What happens when a child’s interview is not recorded?

When a child’s interview is not recorded, the defense loses the best evidence of how the questions were asked, but the State still must prove reliability through the interviewers’ testimony. In Oliver v. State, 397 So. 3d 104 (Fla. 2d DCA 2024), a Pasco County case, the Pasco County Sheriff’s Office had a standard policy that prohibited recording interviews of child sexual abuse victims. The Second District held there is no statutory or common law duty to record these interviews, and it affirmed because the trial judge made specific findings that the interviewers used open-ended, nonleading questions and that there was no evidence of coaching.

The court also noted that the facts “in another case may not present with safeguards sufficient to mitigate the need for audio or video recording.” That is a local fact that matters to anyone charged in Pasco County. When there is no recording, our attorneys depose every interviewer, request their notes, and press for details the interviewer cannot remember, because a judge cannot make specific reliability findings from a memory that has gaps. In Hillsborough County cases, we compare the interview against the Child Protection Team’s own protocols and the questioning that came before it.

How does our firm challenge child hearsay?

Our firm challenges child hearsay by reconstructing the path of the accusation from the first conversation to the courtroom and showing the judge where it was shaped by adults. Each step below is aimed at the statutory requirement it attacks.

Losing the reliability hearing does not end these arguments. The same inconsistencies, suggestive questions, and motives can be presented to the jury through cross-examination and defense experts, and a judge who admits a statement without the specific findings the statute requires creates an issue for appeal.

Our child hearsay defense results

In one case, a child said that “a rhino came out of Grandpa’s skin,” and the prosecution presented the statement as coded language for sexual abuse. Rocky Brancato’s cross-examination showed the child was describing a literal zoo animal, and evidence of coaching came out at the hearing. The judge excluded the hearsay as unreliable, and the State dismissed all charges.

Past results do not guarantee future outcomes. Each case is unique.

Related evidence issues in child sex cases

Child hearsay rarely stands alone. Prosecutors often pair it with other-acts evidence, medical findings, and limits on what the defense can say about the child. Our guide to whether prior accusations can be used against you in a Florida sex crime case covers when other accusations can come in; our post on how to challenge SANE exam evidence covers the medical side; and our guide to the exceptions to Florida’s rape shield law explains when a child’s prior experiences can come in. Lewd and lascivious charges are defined in section 800.04, Florida Statutes.

What should you do if a child has made an accusation against you?

If a child has made an accusation against you, do not talk to the child, the family, or investigators about it, and contact a defense attorney before any interview. Do not try to get the child to “take it back,” which can lead to a witness tampering charge and will be used as evidence of guilt. If a Child Protection Team or detective has contacted you but no charge has been filed, our representation before charges are filed can put the defense in place while the investigation is still open.

Frequently asked questions about child hearsay in Florida

Can a child’s statement to a parent be used in court in Florida?

Yes, if the judge finds it reliable at a hearing and, when the child does not testify, there is corroborating evidence. The Brancato Law Firm asks the parent at deposition exactly what was said, in what order, and what questions came first, because a parent’s paraphrase is often where the account changed.

How much notice does the State have to give before using child hearsay?

At least 10 days before trial, with a written statement of the child’s statement, when it was made, and the circumstances that the State says show reliability. Our attorneys at The Brancato Law Firm use that notice to identify every statement and demand the hearing well before jury selection.

Is a Child Protection Team interview automatically admissible?

No. It must pass the same reliability hearing, and if the child does not testify, Contreras may bar it as testimonial. The Brancato Law Firm reviews every CPT recording frame by frame for leading questions and law enforcement involvement; our Tampa child abuse defense attorneys handle these hearings regularly.

What if the child is now an adult at trial?

The child’s age when the statement was made is what matters, not the age at trial. The Brancato Law Firm still challenges reliability in older cases, where the passage of time often makes it harder for the State to show how the original statement was obtained.

Can child hearsay be used in a custody dispute case?

Yes, the statute applies in civil and criminal cases, and courts treat a custody fight as a reason to look closely at possible influence on the child. Our attorneys at The Brancato Law Firm gather the family court record to show the judge when and why the accusation surfaced.

Can child sex abuse charges be dropped in Florida?

Yes. When a judge excludes unreliable child hearsay, the State may be left without enough evidence to proceed, and prosecutors can drop the charges. The Brancato Law Firm has obtained dismissals in exactly that situation, as described in our Tampa sex crimes lawyer case results.

Talk to a Tampa defense attorney about child hearsay

The reliability hearing is usually scheduled well before trial, and the work that wins it starts with the first discovery. Our attorneys will identify every statement the State plans to use and build the record to challenge it. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 at any hour; we defend clients in Hillsborough, Pinellas, and Pasco Counties from an office two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

When the State charges murder based on medical evidence, prosecutors and judges look first at the medical examiner’s conclusion, and few defendants ever see it seriously tested. I have tested those conclusions for more than 25 years in Hillsborough County courtrooms, beginning in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I handled homicide and child abuse cases. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and in every death case our attorneys retain the experts needed to check the State’s medical theory against the slides, the photographs, and the records.

What Does a Forensic Pathologist Expert Witness Do?

A forensic pathologist expert witness explains, from the autopsy and the evidence, how and why a person died, and whether the State’s explanation fits the physical findings. A defense forensic pathologist reviews the same material the State’s experts used, and often material they did not use, then gives an independent opinion on cause of death, timing, and mechanism of injury.

In Florida, the medical examiner decides cause of death in deaths by criminal violence, by accident, suddenly in apparent good health, or “in any suspicious or unusual circumstance” under section 406.11, Florida Statutes. That opinion carries great weight with prosecutors and juries. Medical examiners in Florida performed 19,839 autopsies in 2023, including 1,395 in District 13, which covers Hillsborough County, according to the Florida Department of Law Enforcement’s Medical Examiners Commission 2023 Annual Workload Report. The same report counted 108 homicides in District 13 that year.

Why Do Defense Attorneys Need Their Own Forensic Pathologist?

A defense attorney needs an independent forensic pathologist because the State’s medical conclusion is often the whole case, and only another physician can test it credibly. The U.S. Supreme Court made the point in Hinton v. Alabama, 571 U.S. 263 (2014). Anthony Hinton’s lawyer kept a firearms expert he knew was inadequate because he wrongly believed Alabama capped expert funding at $1,000. The Court held that the failure to seek more funding was deficient performance, explaining that “effectively rebutting that case required a competent expert on the defense side.” The Court also noted research finding that “invalid forensic testimony contributed to the convictions in 60% of the cases” in a study of exonerations.

In Florida, expert opinions must meet the reliability standard in section 90.702, Florida Statutes, and a defense expert is often the person who shows the court where a State expert’s method falls short. Our Tampa criminal forensic science attorney page describes the expert network our firm uses.

Case Study: How Did a Forensic Pathologist Change a Child Murder Case?

A grandmother was charged with first-degree murder and aggravated child abuse after the death of her young granddaughter. The prosecution’s theory was that she had beaten the child so badly that the child died of internal injuries, including a lacerated liver. A Child Protection Team doctor concluded early and firmly that the injuries could only have come from intentional, inflicted trauma, and the case was built on that opinion.

The charges were as serious as Florida law allows. Under section 782.04, Florida Statutes, a killing committed during “aggravated child abuse” is first-degree murder and a capital felony, and aggravated child abuse alone is a first-degree felony under section 827.03.

I retained a former state medical examiner, a forensic pathologist who had performed thousands of autopsies and testified in courts across Florida. His first instruction was to get the slides. We obtained the microscopic tissue slides, the scene photographs, the hospital records, and the original autopsy report.

What did the defense expert find that the State missed?

Reviewing the scene photographs, the expert noticed medical waste in the family’s home: airways, suction devices, and other equipment used to try to revive the child. The State’s experts had focused on the injuries. Our expert asked what caused them.

After his review, he concluded that the child had drowned in the bathtub while her grandmother was briefly out of the room, and that the liver injury was consistent with aggressive resuscitation efforts, not a beating. Chest compressions on a child that small can cause internal trauma that is later misread as inflicted abuse.

The grandmother had been negligent. She was moving between the bathroom and the kitchen, where she was making dinner, and she was not watching closely enough. She was not a murderer or a child abuser. We took the expert’s findings to the prosecution.

Result: murder and aggravated child abuse charges dropped. The client pled to child neglect and received probation. She avoided a life sentence and was not branded a murderer. Past results do not guarantee future outcomes.

Can CPR Cause Injuries That Look Like Child Abuse?

Yes, resuscitation can cause bruises, rib fractures, and in some cases internal injuries such as liver and spleen lacerations, and a forensic pathologist has to separate those injuries from inflicted trauma. In a study of child deaths from 1994 to 1996, M.P. Ryan, S.J. Young, and D.L. Wells found injuries at autopsy in 65 of 153 children who received resuscitation (42.5 percent), compared with 6 of 51 children who did not (11.7 percent). Most were minor bruises or abrasions, and longer resuscitation produced more injuries. The study, “Do resuscitation attempts in children who die, cause injury?,” appeared in the Emergency Medicine Journal in 2003.

Forensic pathologist John Plunkett documented two child death cases in the Journal of Forensic Sciences in 2006, “Resuscitation Injuries Complicating the Interpretation of Premortem Trauma and Natural Disease in Children.” In the first, independent experts concluded that liver and spleen lacerations came from resuscitation, and the prosecutor dropped first-degree murder charges. The pattern in our case was the same one Plunkett described: resuscitation injuries read as abuse until a pathologist looked at the full record.

What Are Autopsy Slides and Why Do They Matter?

Autopsy slides are thin samples of tissue preserved on glass and examined under a microscope, and they can show the age of an injury and the body’s reaction to it in ways the naked eye cannot. A bruise or laceration with no inflammatory response may have occurred near or after the time of death, which matters when the question is whether an injury came from a beating or from resuscitation. Many defense lawyers never request the slides. Our firm requests them in every death case, along with the photographs taken during the autopsy.

When Should You Hire a Forensic Pathologist?

You should consider a forensic pathologist whenever the State’s case depends on a medical opinion about how a person died or how an injury happened. That includes:

1. Child death and serious child injury cases, especially where a Child Protection Team doctor has diagnosed abuse.
2. Homicide cases with a disputed cause or timing of death, including overdose, positional asphyxia, and in-custody deaths.
3. Manslaughter and vehicular homicide cases where the mechanism of injury is contested.
4. Investigations before charges are filed, when an early expert opinion can change the State’s charging decision.

Early review matters. When our attorneys are retained during an investigation, we can request evidence and consult an expert before the State’s theory hardens. Our page on representation before charges are filed explains how that work is done.

How Do You Challenge a Child Protection Team Doctor’s Opinion?

You challenge a Child Protection Team doctor’s opinion with an independent expert who reviews everything the doctor saw, plus what the doctor did not see. The CPT doctor in our case reached a conclusion before the full record had been reviewed. Our expert looked at the scene photographs and the resuscitation history and found a different explanation that fit the physical evidence. Our Tampa child abuse attorney page and our case study on an aggravated child abuse case that was dismissed show how this work plays out in other cases. For a broader view of how forensic experts fit into a defense, see what a forensic defense lawyer does.

Frequently Asked Questions About Forensic Pathologist Expert Witnesses

How much does a forensic pathologist expert witness cost in a criminal case?

The cost depends on the volume of records, the need for slide review, and whether the expert must testify, and it is usually billed separately from attorney fees. The Brancato Law Firm discusses expected expert costs at the start of a homicide or child death case so families can plan; our post on homicide defense attorney costs in Tampa covers how these costs fit in.

Can a defense forensic pathologist get murder charges dropped in Florida?

Yes, an independent pathologist’s findings can lead prosecutors to reduce or drop charges, as happened in our case when the State dropped murder and aggravated child abuse charges. The Brancato Law Firm presents expert findings to the State Attorney’s Office when they show the charged crime did not happen as alleged. Past results do not guarantee future outcomes.

Why hire a former state medical examiner as a defense expert?

A former state medical examiner has done the same work as the State’s experts, so prosecutors and jurors find it harder to dismiss the opinion as biased. Our attorneys at The Brancato Law Firm look for experts with that experience in death cases; our forensic science defense page describes how we choose them.

Can a forensic pathologist tell if CPR caused a liver laceration in a child?

A forensic pathologist can often determine whether an injury is consistent with resuscitation by comparing it with the resuscitation records, the scene evidence, and the microscopic findings. The Brancato Law Firm obtains EMS and hospital records in every child death case so the expert can compare the timing of each intervention with each injury.

Is child neglect a felony in Florida?

Yes, child neglect is a third-degree felony under section 827.03, and a second-degree felony when it causes great bodily harm, permanent disability, or permanent disfigurement. Our attorneys at The Brancato Law Firm evaluate whether the facts fit neglect rather than abuse when the State’s medical theory is wrong.

When should a forensic pathologist be retained in a death investigation?

As early as possible, ideally before charges are filed, because early review can preserve evidence and shape the charging decision. The Brancato Law Firm can be reached at any hour when a family learns that a death is under investigation; see our pre-file advocacy page.

Facing Charges Based on Medical Evidence?

The State’s medical opinion is usually formed in the first days of an investigation, so the defense review should start just as fast. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will obtain the autopsy materials and retain the right expert to test them. Call (813) 727-7159; you can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa Criminal Forensic Science Attorney page, or our Tampa homicide attorney page for murder and manslaughter cases.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A condition present from birth can leave findings on a scan that look like the result of a blow from an adult. I saw that pattern as a trial attorney in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I tried child abuse cases alongside homicide and sex crimes cases, and over my career I have tried more than 150 jury trials to verdict. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and our attorneys answer a Child Protection Team abuse finding with the child’s full medical record and an independent expert. This case study shows how that work ended in the dismissal of a young father’s aggravated child abuse charges.

What does a Child Protection Team do in a Florida child abuse investigation?

A Child Protection Team (CPT) is a medically directed team that evaluates children for the State during abuse and neglect investigations. Under section 39.303, Florida Statutes, the Children’s Medical Services Program in the Florida Department of Health develops and coordinates one or more teams in each Department of Children and Families (DCF) service circuit, and the teams supplement DCF’s investigation. DCF must refer certain reports to a CPT, including any report of fractures, head injuries, or burns in a child of any age and bruises anywhere on a child 5 or younger.

The same statute lists “expert medical, psychological, and related professional testimony in court cases” among the services a CPT provides, and it requires a DCF representative to attend every CPT case staffing involving a child. A parent should expect the CPT physician to be a witness for the State if the case reaches a courtroom. In Tampa, the USF Child Protection Team works out of Mary Lee’s House on North Armenia Avenue. When our firm is retained during an investigation, we read the CPT report as the first draft of the State’s medical case and begin testing it right away.

Does a DCF child abuse investigation mean you will be charged?

Most Florida child abuse investigations do not end in a verified finding, and a verified finding is a separate question from a criminal charge. In state fiscal year 2023-24, DCF conducted 185,390 investigations statewide, and 8.3% ended with a most serious finding of “verified,” according to the Florida Department of Children and Families Results-Oriented Accountability 2024 Annual Performance Report. In DCF’s Circuit 13, which covers Hillsborough County, the verified rate was 9.3% that year.

A verified finding is DCF’s administrative conclusion. A criminal charge is a decision the State Attorney’s Office makes on its own, and a prosecutor must prove that charge beyond a reasonable doubt. Our attorneys work in the window between the two systems: the earlier we put medical evidence in front of a prosecutor, the better the chance a charge is never filed. That is the purpose of representation before charges are filed.

How was a young father accused of aggravated child abuse?

My client was a young father. His toddler daughter was hospitalized with a fractured pancreas, and a Child Protection Team doctor immediately concluded that he had caused it. Within hours, DCF removed the child from both parents. Within days, prosecutors opened an aggravated child abuse investigation, and DCF moved to terminate his parental rights. He was facing a criminal case and a dependency case at the same time.

Aggravated child abuse under section 827.03, Florida Statutes, includes knowingly or willfully abusing a child and causing great bodily harm, permanent disability, or permanent disfigurement. It is a first-degree felony, punishable by up to 30 years in prison under section 775.082, Florida Statutes. Our Tampa child abuse attorney page explains the full range of child abuse and neglect charges and how our firm defends them.

Why did the State’s medical theory not fit this family?

The State’s theory did not match anything else in this family’s life. There were no prior incidents, no red flags in the home, and no history of violence. The CPT doctor had reached a conclusion anyway, and the reason is worth understanding.

Pediatric medical literature treats a pancreatic injury in a young child as a warning sign. A 2008 article in Pediatric Emergency Care, Pancreatic Injury: Accidental or Nonaccidental by Muhammad Waseem and Orlando Perales, states that pancreatic and duodenal injuries “are considered specific for abuse.” A doctor trained on that literature who sees a toddler with a damaged pancreas will suspect abuse first. That is exactly why the rest of the child’s medical history matters so much.

In our experience with Hillsborough County cases, the State’s discovery usually includes the records from the most recent hospital visit and little else, and the CPT opinion is often built on that single visit. So I reviewed every record that existed for this child, from birth to the present: specialist visits, test results, surgical notes, and radiology reports. That review took months. I then retained a forensic pathologist with experience testifying in complex abuse cases, someone who could separate inflicted trauma from natural disease.

What did the defense expert find?

The forensic pathologist identified a congenital choledochal cyst, a rare malformation of the bile duct that is present from birth. The CPT doctor had missed it. Our expert determined that the cyst played a direct role in the child’s injury. The family already knew about the condition, and the State’s doctors had ignored it as a possible cause.

Published research confirms that this condition reaches the pancreas. In a 2017 multicenter study in the Journal of Paediatrics and Child Health, Acute Pancreatitis Complicating Choledochal Cysts in Children by S. King and colleagues, 17 of 49 children with a choledochal cyst (35%) presented with acute pancreatitis. The authors concluded that “pancreatitis was a common presentation in children with a choledochal cyst.”

Florida law singles out only a few conditions for a mandatory specialist consult. Section 39.303(4) requires a CPT to consult a physician or advanced practice registered nurse experienced with rickets, Ehlers-Danlos syndrome, osteogenesis imperfecta, or vitamin D deficiency when a child has a reported preexisting diagnosis of one of them. A bile duct malformation is not on that list, so in a case like this one the defense has to bring the specialist knowledge itself.

How did the defense work lead to a dismissal?

The dismissal came from building the medical record the State never built. Our defense work in this case included:

• Deposing nearly every treating physician across multiple Florida hospitals.
• Traveling to a specialized hospital in Pennsylvania to obtain additional records.
• Working with the forensic pathologist, who prepared me for depositions, reviewed the transcripts, and helped develop the trial strategy.

After one deposition, the State’s lead doctor contacted the State Attorney’s Office and told them they should hire me. It was an unusual call for the State’s own witness to make, and it told me the medical case against my client had come apart. All aggravated child abuse charges were dismissed, and my client was no longer facing 30 years in prison.

Past results do not guarantee future outcomes.

Which medical conditions can be mistaken for child abuse?

Bone, collagen, and bleeding disorders are the conditions most often confused with abuse, and rare congenital malformations like a choledochal cyst belong on the same list. The American Academy of Pediatrics clinical report The Evaluation of Suspected Child Physical Abuse, by Cindy W. Christian and the AAP Committee on Child Abuse and Neglect, Pediatrics, Volume 135, Number 5 (2015), tells physicians that “there are diseases that can be mistaken for child abuse.” The same report says that identifying conditions affecting collagen or bone mineralization “reduces false accusations of abuse.”

Our firm’s Tampa criminal forensic science attorney page describes the experts we work with on medical causation, and our post on medical opinion in Tampa child abuse cases covers the problems that recur in CPT testimony.

What do Florida courts say about defense medical experts in child abuse cases?

Florida appellate courts have ordered new trials in child injury and death cases when the jury never heard a qualified defense expert on causation. Two decisions show how.

In Council v. State, 98 So. 3d 115 (Fla. 1st DCA 2012), a man convicted of aggravated child abuse argued that the trial judge wrongly excluded his biomechanics expert, who would have testified that a fall from a day bed could cause the child’s brain injury and that shaking alone could not. The First District held that excluding the expert was an abuse of discretion because the testimony rebutted the State’s medical opinion that the injuries were consistent only with non-accidental trauma, and it ordered a new trial. The lesson: when the State’s case rests on a medical opinion, the defense is entitled to put a qualified causation expert in front of the jury.

In Spurgeon v. State, 298 So. 3d 726 (Fla. 2d DCA 2020), a licensed home daycare provider in Pinellas County was convicted of manslaughter after a one-year-old in her care suffered fatal brain injuries. Her trial lawyer’s experts answered a shaking theory the State never argued, and no expert told the jury that the State’s actual theory, repeated soft impacts, was not feasible. The Second District held that this was ineffective assistance of counsel and ordered a new trial. The lesson: the defense expert has to answer the State’s actual medical theory.

Florida admits expert opinions under section 90.702, Florida Statutes, only when the testimony rests on sufficient facts or data and reliable methods, reliably applied. Our attorneys use that standard in both directions: to qualify our experts and to challenge a CPT opinion that was formed without the child’s full history. Our article on why expert witnesses are not optional in major crimes cases explains how we choose and prepare them.

How do you challenge a Child Protection Team finding in Florida?

A Child Protection Team finding is challenged with medicine, on a deadline. These are the steps our firm takes, and the steps a parent can start on the first day:

1. Talk to a criminal defense lawyer before any interview. Under section 39.204, Florida Statutes, spousal, doctor-patient, and therapist privileges do not protect communications involving the person accused of child abuse, and the attorney-client privilege still does. Our post on privileged communication in Florida child abuse cases explains what that means for what you say and to whom.
2. Request a second medical opinion within 10 days. Since July 1, 2026, section 39.304, Florida Statutes, lets the parent or legal custodian of a child in a protective investigation or under a shelter order ask DCF, within 10 days after the medical examination, for another exam. If a CPT did not perform the first exam, the parent can ask for a CPT exam. If a CPT did perform it, the parent can choose a physician or advanced practice registered nurse who routinely treats children. A parent can also choose a specialist in the four conditions listed in section 39.303(4) to consider a differential diagnosis. The parent pays, including through insurance. The right does not cover exams for alleged sexual abuse.
3. Collect the child’s records from birth. Every pediatrician, specialist, hospital, and lab, in Florida and out of state.
4. Retain an independent expert. A forensic pathologist or the right pediatric subspecialist reviews the records, the imaging, and the CPT report.
5. Depose the treating physicians and the CPT doctor. Treating doctors often know the child’s history better than the CPT physician who saw the child once.
6. Test the State’s expert under section 90.702. An opinion formed without the child’s history is open to challenge on sufficient facts or data and reliable application.

Under section 39.304, the second examiner must deliver a written report within 10 days, and if the medical opinions conflict, DCF must convene a case staffing to resolve the differences. A parent who uses this right early gives the defense a second medical opinion before the State’s theory hardens.

How fast does a Florida child abuse case move?

A Florida child abuse case moves in hours and days, and the earliest deadlines arrive before most families have hired a lawyer. In this case, DCF removed the child within hours and prosecutors opened a criminal investigation within days.

Our firm defends the criminal case. The dependency case is a separate civil proceeding in which the parent needs dependency counsel, and both defenses should be built on the same medical evidence. Call us at any hour if a CPT exam or a DCF interview is scheduled.

What did this case teach me?

This case confirmed that a single medical opinion, formed early, can drive an entire prosecution. Even with every charge dismissed, my client will likely always remember being labeled a child abuser, losing custody of his daughter for a time, and facing doubt from family, friends, and strangers. Without the right expert asking the right questions, an innocent father could have gone to prison. Our firm defends every child abuse case with that in mind.

Frequently asked questions

Can aggravated child abuse charges be dropped in Florida if the injury had a medical cause?

Yes. Aggravated child abuse charges can be dropped or dismissed when the medical evidence shows a natural or congenital cause, as happened in this case. The Brancato Law Firm builds that evidence through records from birth, depositions, and an independent expert, the approach described in our guide to defending child abuse charges in Tampa.

What is a choledochal cyst, and can it affect a child’s pancreas?

A choledochal cyst is a rare malformation of the bile duct that is present from birth, and published research links it to pancreatitis in children. In the case described here, our attorneys at The Brancato Law Firm relied on a forensic pathologist who found that the cyst played a direct role in the child’s injury. In a 2017 study, 35% of children with a choledochal cyst presented with acute pancreatitis, according to Acute Pancreatitis Complicating Choledochal Cysts in Children.

Can I get a second medical opinion after a Child Protection Team exam in Florida?

Yes. Since July 1, 2026, a parent of a child in a protective investigation or under a shelter order can ask DCF, within 10 days after the exam, for a second examination by a pediatric physician or nurse practitioner of the parent’s choosing, at the parent’s expense, under section 39.304, Florida Statutes. When a family calls The Brancato Law Firm inside that window, we help identify the right specialist before the deadline passes.

Should I talk to DCF or a Child Protection Team doctor before hiring a lawyer?

You should speak with a criminal defense lawyer first, because what you say to a child protective investigator or a CPT can be used in a criminal case. The Brancato Law Firm advises parents before those interviews as part of our pre-file advocacy work.

Does a Child Protection Team doctor testify for the prosecution in Florida?

Often, yes: section 39.303 lists expert medical testimony in court cases among the services a Child Protection Team provides, so the CPT physician who examined the child is frequently the State’s key medical witness. Our attorneys at The Brancato Law Firm depose that physician and the child’s treating doctors well before trial.

What is the penalty for aggravated child abuse in Florida?

Aggravated child abuse is a first-degree felony in Florida, punishable by up to 30 years in prison under section 827.03, Florida Statutes, and section 775.082. The Brancato Law Firm treats every aggravated child abuse investigation as a potential 30-year case and starts the medical review accordingly.

More case studies from our forensic series

• DNA Evidence Defense
• Case Study: Forensic Pathologist Expert Witness
• Fingerprint Evidence Is Not as Reliable as You Think
• Cell Phone Location Data Can Prove You Were Not There
• When Brain Damage Explains Criminal Conduct
• Your BAC at the Station Is Not Your BAC Behind the Wheel
• When Police Destroy Evidence They Do Not Get the Benefit of the Doubt
• When a Confession Is Not a Confession
• When the Car, Not the Driver, Caused the Crash
• The Injuries Were Real, But They Were Not From the Alleged Rape
• Similar Is Not the Same: How a Firearms Expert Kept Out Prejudicial Evidence

Related practice pages: Tampa Murder Attorney and Tampa Sex Crimes Attorney.

Talk to a lawyer before the next interview

Before you answer more questions from a child protective investigator or bring your child back for a Child Protection Team exam, call a criminal defense lawyer. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys start with the child’s medical history, the CPT report, and the 10-day window to request a second opinion. Call (813) 727-7159; we are available 24/7. For more about our defense strategies, visit our Child Abuse Defense practice area page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

In child abuse cases, medical testimony carries tremendous weight. However, it does not always follow the scientific method. That difference can have life-changing consequences for anyone accused of abuse.

The strength—or weakness—of a medical opinion can decide whether justice is done or a wrongful conviction occurs. Consequently, if you or someone you love faces child abuse charges in Tampa, Hillsborough County, or the greater Tampa Bay area, you need an attorney who knows how to challenge flawed medical findings. I am Tampa Criminal Defense Attorney, Rocky Brancato. My firm, The Brancato Law Firm, P.A., is equipped to navigate you through the complex and often unfair world of medical opinion in Tampa Child Abuse cases.

The Problem with Child Protection Team Testimony

Years ago, Tampa attorney Rocky Brancato mentored a young attorney handling their first aggravated child abuse case. During that case, the young lawyer was struck by a Child Protection Team (CPT) doctor’s confident claim that a child’s injuries were caused by abuse—offered with “reasonable medical certainty.”

But where was the science to support it?

What the Research Revealed

Although the charges in that case were later dismissed, the young attorney kept digging into the foundation of CPT testimony. The findings were troubling. Many CPT doctors rely on assumptions and untested theories rather than scientifically verified conclusions.

Over time, these opinions have been passed down as accepted knowledge, shaping courtroom testimony without the rigor of controlled, repeatable scientific testing—the foundation of the scientific method.

The Human Cost

Even today, this flawed approach appears in courtrooms across the United States. Judges and juries often hear CPT testimony treated as fact, even when it lacks empirical support. As a result, families are torn apart and innocent people convicted based on conjecture instead of science.

A powerful example of this issue appears in the Netflix documentary Take Care of Maya, which reveals the human cost of unchecked CPT testimony. Without scientific discipline, these cases can become battles of opinion rather than fact.

Common Problems with CPT Medical Testimony

A Note on Good Faith

To be clear, most CPT doctors act in good faith. They perform essential work and help countless children. Nevertheless, some exceed the limits of science and law by presenting speculation as certainty. The system would benefit if every expert acknowledged the boundaries of their knowledge and adhered strictly to evidence-based conclusions.

The Shaken Baby Syndrome Controversy: A Cautionary Tale

One of the clearest examples of unreliable medical testimony in child abuse cases is Shaken Baby Syndrome (SBS). For years, medical experts claimed that a combination of three symptoms—subdural bleeding, retinal bleeding, and brain swelling—proved that a baby was violently shaken.

Those opinions led to countless convictions based on a theory that lacked solid scientific proof.

What Science Later Revealed

Later research showed that several other medical conditions can cause the same symptoms. Birth trauma, genetic disorders, infections, and accidental falls all produce patterns once blamed on abuse.

Because of this, courts across the country have begun revisiting older cases where SBS testimony played a central role. Sadly, many innocent caregivers have already spent years in prison due to outdated medical beliefs.

Medical Conditions That Can Mimic Abuse

This history highlights why medical testimony must meet scientific standards, not just sound convincing. When experts rely on flawed methods or unsupported theories, the justice system risks punishing the wrong people instead of protecting the innocent.

How We Challenge Unreliable Medical Testimony

The Daubert Standard in Florida

Florida courts use the Daubert standard to determine whether expert testimony is admissible. Under Daubert, judges must evaluate whether an expert’s methods are scientifically valid and whether those methods were properly applied to the facts of the case.

This means that an expert’s opinion—no matter how confident—can be challenged if it lacks a proper scientific foundation. A skilled defense attorney examines the methods behind CPT testimony to uncover unreliable or untested medical theories.

Independent Medical Review

In child abuse cases, we work with forensic pathologists and medical experts to conduct independent reviews of the evidence. These experts can identify alternative explanations for injuries—conditions that mimic abuse but have nothing to do with wrongdoing.

Multiple clients have had charges dismissed after independent medical review revealed non-abuse explanations for injuries. This approach ensures that only scientifically sound evidence reaches the courtroom.

Frequently Asked Questions

What is a Child Protection Team (CPT)?

A Child Protection Team is a group of medical professionals who evaluate children for signs of abuse or neglect. CPT doctors examine injuries, review medical records, and provide opinions to law enforcement and prosecutors. However, their conclusions are opinions—not facts—and can be challenged.

Can medical testimony in child abuse cases be wrong?

Yes, absolutely. Medical testimony is only as reliable as the science behind it. When experts rely on untested theories, outdated assumptions, or fail to consider alternative diagnoses, their conclusions can be deeply flawed. The Shaken Baby Syndrome controversy demonstrates how widely accepted medical opinions can later prove incorrect.

What is the Daubert standard?

The Daubert standard is the legal test Florida courts use to determine whether expert testimony is admissible. It requires that an expert’s methods be scientifically valid and reliably applied. Defense attorneys can use Daubert motions to exclude testimony that does not meet these standards.

What medical conditions can mimic child abuse?

Several conditions can produce symptoms mistaken for abuse, including osteogenesis imperfecta (brittle bone disease), bleeding disorders, choledochal cysts, birth trauma, infections, rickets, and accidental falls. A thorough defense requires exploring all possible medical explanations.

What is Shaken Baby Syndrome?

Shaken Baby Syndrome was a theory that a combination of three symptoms (subdural bleeding, retinal bleeding, and brain swelling) proved a baby was violently shaken. Later research disproved this theory, showing that multiple other conditions can cause the same symptoms. Consequently, courts are now revisiting convictions based on SBS testimony.

How do you defend against child abuse charges based on medical testimony?

Defending against these charges requires challenging the scientific foundation of the prosecution’s medical evidence. This includes filing Daubert motions to exclude unreliable testimony, retaining independent medical experts to review the evidence, and presenting alternative explanations for the child’s injuries.

Why You Need an Experienced Child Abuse Defense Attorney

The stakes in child abuse cases are extraordinarily high. You need an experienced Tampa child abuse defense attorney who spent years defending complex child abuse allegations. With more than 25 years of experience, Attorney Rocky Brancato knows how to challenge unreliable medical testimony and apply the Daubert standard effectively.

Moreover, Attorney Brancato works with forensic pathologists and medical experts to identify conditions that mimic abuse. Without a knowledgeable and assertive attorney protecting your rights, you could face conviction based on speculation instead of proven science.

Protect Your Rights and Your Future

If you or someone you love faces child abuse allegations in Tampa, Hillsborough County, or anywhere in the Tampa Bay area, do not leave your future to chance. Your future should never hinge on speculation or unproven medical theories.

Attorney Rocky Brancato brings more than 25 years of courtroom experience and a deep understanding of how to challenge unreliable medical evidence. He is committed to ensuring that only credible, scientifically supported testimony is presented in your case.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Related: Tampa Child Abuse Lawyer | Tampa Criminal Forensic Science Attorney | Aggravated Child Abuse Defense