THE BATTERED-CHILD SYNDROME DESCRIBES THE SITUATION OF YOUNG CHILDREN WHO HAVE SUFFERED INTENTIONAL, REPETITIVE, AND SEVERE PHYSICAL INJURY INFLICTED BY THEIR PARENTS OR PARENT SUBSTITUTES. DESPITE NATIONWIDE CONCERN OVER THE PROBLEM OF CHILD ABUSE, PHYSICIANS HAVE BEEN GENERALLY RELUCTANT TO REPORT BATTERED CHILDREN AND PROSECUTORS HAVE BEEN UNWILLING TO INITIATE CRIMINAL ACTIONS SINCE MOST CRIMINALLY SANCTIONED REPORTING LAWS BASE LIABILITY UPON A KNOWING OR WILLFUL ABROGATION OF STATUTORY DUTY. CERTAIN STATES (NEW YORK, ARKANSAS, COLORADO, AND IOWA) RECOGNIZE THE DUAL GOALS OF TORT LIABILITY, FINANCIAL DETERRENCE OF CARELESS BEHAVIOR AND COMPENSATION FOR INJURIES CAUSED BY SUCH NEGLIGENCE, AND STATUTORILY PROVIDE FOR A CIVIL RIGHT OF ACTION AGAINST PHYSICIANS WHO KNOWINGLY OR WILLFULLY FAIL TO REPORT CHILD ABUSE. A SUIT FOR NEGLIGENT TREATMENT OF A CHILD WOULD PROCEED IN THE SAME MANNER AS ANY COMMON LAW MALPRACTICE SUIT FOR MISDIAGNOSIS. AN ACTION AGAINST A NONREPORTING PHYSICIAN WOULD ALSO BE POSSIBLE FOR NEGLIGENCE IN THE VIOLATION OF A REPORTING STATUTE. IN A CALIFORNIA COURT DECISION, THE STATE RECOGNIZED AN ACTION IN COMMON LAW NEGLIGENCE FOR FAILURE TO DIAGNOSE CHILD ABUSE. THE DECISION REQUIRED PROOF OF A PHYSICIAN'S INTELLECTUAL AND JUDGMENTAL FACULTIES IN ORDER TO LITIGATE A DAMAGE SUIT SUCCESSFULLY UNDER PRINCIPLES OF STATUTORY LIABILITY, THUS CREATING A BASIS FOR RECOVERY IN THEORY ONLY SINCE PROOF OF THE MENTAL ELEMENT IS DIFFICULT. BECAUSE THE THREAT OF LIABILITY ALONE CANNOT ERADICATE THE MEDICAL PROFESSION'S FAILURE TO RECOGNIZE THE EXTENT OF CHILD ABUSE AS A SOCIETAL PROBLEM AND TO REPORT CASES OF CHILD ABUSE, MORE RIGOROUS EDUCATION BOTH INSIDE AND OUTSIDE MEDICAL SCHOOLS SHOULD BE ENCOURAGED. PRIVATE PRACTITIONERS, IN PARTICULAR, NEED INFORMATION ON THE PURPOSE OF MANDATORY REPORTING. THE BEST TACTIC TO ENCOURAGE REPORTING MAY BE A MULTIDISCIPLINARY APPROACH THAT FOSTERS COOPERATION AMONG PROFESSIONALS AND AIMS TO HELP CHILDREN, PARENTS, AND FAMILIES RATHER THAN TO TAKE CHILDREN OUT OF THEIR HOMES AND TO PROSECUTE ALLEGED ABUSERS. CIVIL ACTIONS AGAINST NONREPORTING PHYSICIANS SHOULD BE RECOGNIZED BY COURTS UNDER A THEORY OF COMMON LAW NEGLIGENCE OR UNDER ALLEGATIONS OF STATUTORY LIABILITY. LIABILITY SHOULD BE IMPOSED ON PHYSICIANS WHENEVER IT OBJECTIVELY APPEARS THAT A CHILD'S INJURIES ARE THE RESULT OF ABUSE. PROBLEMS OTHER THAN PHYSICAL INJURY SHOULD ALSO BE NOTED BY COURTS AS WORTHY OF COMPENSATION. CASE LAW IS REVIEWED. (DEP)