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Shaken Baby Syndrome Charges: Understanding The Injuries And Your Potential Defenses

11 August 2015 by Kenneth Pierce

Shaken baby syndrome, which can also be classified as abusive trauma to the head, is something that absolutely no parent wants to ever hear. This is because when these words are said by a physician, it means that the baby is either dying or is already deceased. It also means that the parent or guardian of the child is headed to jail and being charged with child abuse or possibly even murder. For individuals who are accused of shaken baby syndrome, there are ways to defend yourself. Read on to learn more about the condition and the possible criminal defenses that you have.

Understanding Shaken Baby Syndrome

This particular condition refers to injuries that a baby suffers to his or her brain. These injuries supposedly occur after being shaken violently by an adult, usually the caretaker, when he or she becomes angry with the child. In some cases, the parent could simply be playing with the baby as a normal parent would be.

According to the American Humane Association, there are not always external symptoms of shaken baby syndrome. Instead, to diagnose that a baby has suffered abusive head trauma, a doctor looks for signs of bleeding in the eyes, bleeding in the brain, swelling of the brain, broken ribs or spinal cord damage. In some cases, there may be learning difficulties, speech problems, hearing loss or even blindness.

The National Center on Shaken Baby Syndrome estimates that 20 percent of all cases are fatal for infants in the first several days following the injury. For those who do survive, they are typically left with various handicaps that may be as minor as a learning disorder to as severe as living the rest of their life in a vegetative state.

Possible Defenses to a Charge of Shaken Baby Syndrome

If you've been accused of harming your baby in this way, here are three potential defenses that you should consider (they've worked for others):

1. It Was an Accident – Physicians once believed that shaken baby syndrome injuries were a result of international forceful shaking. However, some experts now believe that similar injuries could occur as a result of an accidental fall.
2. The Symptoms Don't Always Present Immediately – It has been assumed that shaken baby syndrome symptoms appear immediately, which means the last caretaker was responsible. However, some experts assert that symptoms later in life can actually be a result of trauma that occurred at birth, such as skull fractures, and it is hard to determine the exact date of said fractures. Therefore, it is more difficult to pinpoint exactly who or what caused the injuries.
3. There Is an Alternative Explanation – There may be a completely different medical explanation for the injuries. In one particular case, it was determined by an expert that the brain injuries a baby had suffered were far more likely to have been caused by an infection that may cause strokes or brain blood clots than forceful shaking.

If you have been charged with child abuse or murder as a result of alleged shaken baby syndrome and believe that your baby has been misdiagnosed, you will want to consult with a professional criminal defense attorney. For more information, contact Jeffrey D. Larson, Attorney at Law or a similar legal professional.

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