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Show Kaysville physician is absolved of negligence in infant's death A prominent Kaysville physician has been absolved of any wrongdoing wrongdo-ing in the death of an infant following follow-ing a home delivery on Nov. 7, 1986. The conviction charge against Dr. David R. Warden was reversed last week by a 2-1 vote of the Utah Court of Appeals which stated that evidence presented against Warden in a February 1988 trial "failed to establish criminal negligence." Warden had previously been convicted of the Class A misdemeanor misde-meanor charge of negligent homicide homi-cide by a six-member jury. The charge stemmed from the death of an infant born at home, but later died. The reversed decision by the appeals ap-peals court ruled that "reasonable minds could examine the evidence presented and entertain a reasonable doubt that the defendant committed 'the crime of Which he was charged." charg-ed." Judge Pamela T. Greenwood cast the dissenting opinion. She stated that "she did not find the evidence sufficiently inconclusive to warrant a reversal of the lower court decision." deci-sion." All three appeals court members agreed that the evidence presented in the trial was in fact qualified, but they differed on the issue of whether there was sufficient evidence to prove negligence (against the doctor). f The majority decision also stated that "evidence submitted in court was sufficiently inconclusive to establish es-tablish that there was a substantial and unjustifiable risk of death such that the defendant should have been aware of it," The prosecution contended that the premature baby should have been hospitalized immediately after birth, especially since the infant was suffering from respiratory stress. Warden testified that he has practiced prac-ticed family medicine in Kaysville since 1968; that his actions had not substantially deviated from standard stan-dard care given a newborn infant; and that the State's medical examiners ex-aminers were unqualified to testify because they did not attend home deliveries. |
