Expert Witness Blog
Child abuse expert witnesses may advise regarding child abuse and neglect and the physical and emotional mistreatment of children. In the news, South Dakota midwife Judy K. Jones is charged with the death of a Nebraska infant she delivered. Court records state the baby developed medical problems and Jones allegedly failed to provide proper medical treatment. The baby was in grave condition when admitted to the hospital and died after being transported to a hospital in Omaha. Charges include manslaughter, practicing without a license, criminal impersonation, child abuse negligently resulting in death and child abuse intentionally resulting in death. Jones is living in South Dakota and awaiting a 2015 trial in Custer County District Court.
The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended and reauthorized by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:
Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm.” Most Federal and State child protection laws primarily refer to cases of harm to a child caused by parents or other caregivers..
BirthInjuryJustice.org defines midwife negligence:
… Negligent credentials: some midwives do not meet minimum state standards or licensing requirements.
Failure to assess the baby’s condition: midwives may ignore warning signs in an effort to provide a natural birth, at significant risk to the baby or delivering mother.
Failure to have in place and/or follow adequate policies and/or procedures regarding emergency delivery of babies.