These days, every new parent receives warnings about the dangers of shaken baby syndrome. Violent shaking can lead to lasting brain trauma or even death.
When accusations surface that a baby has been a victim of this syndrome, it's easy to jump to conclusions. Police and prosecutors often lay the blame on whoever was last looking after the child. Parents or caregivers are stunned to find themselves facing serious criminal charges.
Questionable medical evidence
Given the heinous nature of child abuse, even relatively unfounded allegations can trigger a knee-jerk reaction. Yet many of these cases are far from clear-cut.
Because the children themselves can't describe what happened, and because there usually aren't any witnesses, shaken baby cases rely heavily on medical evidence. Often, there are no external symptoms. Diagnostic imaging may reveal swelling and bleeding on the brain. These conditions have long been considered hallmarks of shaken baby syndrome.
However, the science in this area is far from settled. Research has shown that other causes - such as accidents, strokes and underlying health problems - may lurk behind unexplained brain trauma. Vigorous resuscitation efforts can also contribute to bruising and bleeding.
Experts often differ in their interpretations of the same evidence. As a result, in many cases, there simply isn't enough evidence to support a definitive diagnosis.
It is very important that lawyers for the charged person find competent medical experts in various fields: forensic pathology, radiology, ophthalmology and neuropathology, for example. These experts should examine all medical evidence and records to determine whether there were alternate causes of the injuries.
Unfounded accusations and wrongful convictions
Last year, a Washington Post investigation highlighted several cases involving parents and caregivers who were wrongfully accused of child abuse. Their convictions were based on medical evidence that later turned out to be misinterpreted or inconclusive. Unfortunately, by that time, several of the accused had already spent years or decades in prison.
Pediatricians and medical examiners have increasingly acknowledged that shaken baby cases aren't as watertight as was once thought. Many of the doctors who previously testified for the prosecution in these cases have since changed sides. And, recognizing the complexity of these cases, the American Association of Pediatrics has recommended steering away from the term "shaken baby syndrome." The association instead advocates for a broader understanding of abusive head trauma that takes into account the uniqueness of every situation.
Every case is different
Nobody wants to hear that a child has suffered harm at the hands of a caregiver or parent. It's tempting to assume the worst. However, these difficult cases call for a careful and detached investigation. They also remind us that "innocent until proven guilty" is more than just a saying - it's the foundation of our justice system.