How the Shaken Baby Defence Law Works

Shaken Baby Syndrome is a disorder that often occurs when a young child or an infant is shaken violently by a parent or a caregiver. Experts believe impact trauma to the head is a necessary component of the injury mechanism. Signs may or may not be visible because the effects may have been against a soft surface. It is one form of abusive head trauma, and as a form of child abuse, it can be caused by shaking the child, dropping or throwing the child, or direct blows to the head, and it is the leading cause of death in child abuse cases.

The baby’s type of injury and medical condition can determine the people responsible for causing the shaken baby syndrome injuries. In shaken baby defense law cases, the people held accountable are those who have a duty in taking care of the baby. Those held liable will include everyone who takes care of the baby, not considering how much time they cared for the baby.

There are three types of injuries to an infant which are only caused by violent abuse referred to as ‘The Triad’:

  1. Cerebral edema. This is the swelling of the brain.
  2. Subdural hematoma. This is a mass of blood under the brain covering due to bleeding within the brain space.
  3. Retinal hemorrhages. This is blood discharge into the retina. Some child abuse physicians have the expertise to distinguish the various retinal hemorrhages in terms of their shapes; they think some indicate child abuse and others don’t.

Symptoms of the shaken baby syndrome include:

  1. Bleeding
  2. Bruises
  3. Seizures
  4. Difficulty breathing
  5. Retinal hemorrhage
  6. Difficulty maintaining consciousness
  7. Death

How to Defend shaken baby syndrome allegation

Cases on shaken baby syndrome or any other diagnosed abusive head trauma can be defended by experts such as.


This type of medical expert is included in defense of shaken baby cases since they are eye specialists and can identify and treat retinal hemorrhages, one of the triad symptoms.


These are medical experts who handle any injuries and illnesses with body tissues and can be valuable in the defense case of a shaken baby.


This type of medical expert can interpret X-rays, CT scans, and MRIs. They are also capable of identifying a particular injury and seen on the medical images. Radiologists can be part of the defense for shaken baby cases.

Emergency Physician

They practice in emergency rooms, have expertise in traumatic injury, and assist in defending a case on the shaken baby.


Pediatricians are trained doctors for persons under 18 years and know about handling any brain injuries on to an infant. They also handle child abuse cases and sometimes work with other experts in the field, such as prosecutors and child protection agencies. Some pediatricians always agree to be part of the defense in shaken baby cases.


These medical experts perform brain surgeries and are well acquainted with the brain’s structure and functioning, making it easy for them to identify any brain damages.

Interrogation tactics

The police ask the suspect to describe or demonstrate the incidence and events chronologically if he claims innocent or how he or she shook the child if he shows guilt for being involved in the act. The suspect reports and either inflate the force used to fit the medical facts or the police increase the points in their description of the suspect.


The shaken baby syndrome is not always an intention for someone to be accused of. Sometimes, when one is unaware of the following action, most instances are intentional and abuses against the law. For clarity and surety of an accident that may result in the Shaken baby syndrome, one must be proven innocent if faced by the law or otherwise faces charges.