SHAKEN BABY
So-called “shaken baby” cases have had a lot of publicity in recent years. Many of these cases end in the death of a child from traumatic brain injury. In order to effectively handle this type of case, the lawyer has to be knowledgeable in a number of scientific areas.
These include, but are certainly not limited to the following: shaken baby syndrome, shaken impact syndrome, subdural hematoma, pathology, retinal hemorrhage, biomechanics of injuries, re-bleed injuries and many others.
There is an immense body of research on this subject. The lawyer needs to be familiar with all of the research in order to properly represent you. The defense of these cases is very expensive. Experts need to be hired to explain the science to the jury.
I attended a conference put on by the prosecutor’s office after my client was found not guilty of manslaughter as a result of an allegation of shaken baby. The experts that the prosecutor presented said that if a child presents with subdural hematomas and retinal hemorrhage without adequate explanation, then the child had to be a victim of shaken baby and/or shaken impact. This is not true. The scientific studies prove that the statement is not accurate. However, the only way you will be able to overcome the prosecutor’s expert is to hire and present your own expert at trial.
Scientists do not know everything about the brain. Knowledge about brain injuries is continually growing as scientific studies are conducted. It is critical to keep abreast of the research. It is critical to know the scientists who are on the cutting edge of the research. It is critical to know the scientists and doctors who have the knowledge and courage to testify against the system, (i.e. the prosecution) based on science and not on conjecture.
I personally know and have used in my cases a number of the top experts in these areas. I employed the services of a forensic pathologist who had been called the top expert in his field. I have used the services of neurosurgeons who have conducted some of the highly publicized research in the area. I have the contacts and ability to locate ethical and skilled expert witnesses to assist you in obtaining the most favorable result possible.
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