Issues

Shaken Baby Syndrome lies at the juncture of medicine and law. The two worlds mix like oil and water.

Doctors do not need to know beyond a reasonable doubt what caused a patient’s condition before beginning treatment. Doctors constantly weigh potential risks against potential benefits as they form and adjust treatment plans.

Prosecutors in criminal court, however, are required to prove a defendant’s guilt beyond a reasonable doubt. The benefit of doubt must always go to the defendant.

Courts are mandated to err on the side of innocence. Doctors and child protection workers are expected to err on the side of child safety. The contradictory goals create tension.

When a doctor diagnoses Shaken Baby Syndrome or Abusive Head Trauma, she asserts that a crime occurred. Police and Child Protective Services investigate to find out who committed the crime. Little if any thought is given to the possibility that no crime occurred in the first place.

This section will explore a wide variety of issues surrounding the Shaken Baby Syndrome diagnosis and the interactions between doctors, police, child protection workers, attorneys and the media. New posts will be added to the top of the list. Contact Us if you wish to be notified when something new is added to the site.