Showing posts with label Dr. Michael Sargent. Show all posts
Showing posts with label Dr. Michael Sargent. Show all posts

Tuesday, August 10, 2010

MONDAY IN COURT, SARGENT & TRUTH / Part 275 / For Love and For Justice / Zabeth and Paul Bayne/

He was MCFD's final witness. To tell the truth and nothing but the truth. Yesterday's witness did that I believe. His was a five page report that was thorough and well reported. I believe he told the truth in the report and under questioning by lawyer Finn Jensen and cross examination by Doug Christie yesterday.

Michael A. Sargent, is a full-time paediatric radiologist practicing in the Department of Radiology of the BC Children's Hospital for the past eighteen years. He carries the rank of Clinical Professor of Radiology with the University of British Columbia. He is presently the Acting Director in charge of the magnetic resonance imaging area at the Hospital. He is also a member of the American Society of Pediatric Neurology. He reviewed all radiological imaging studies done for Baby B that are on the PACS system of BCCH. And yesterday his testimony was decidedly not anti-Bayne.

To make a case in support of the Ministry claim that one or both of the parents was responsible for the baby's injuries, was the reason he was in court. It was at the request of Dr. Colbourne who told him “we need you.” The other radiologist on the case declined to testify. Dr. Sargent has testified in relation to Dr. Colbourne's diagnoses in other cases. The MCFD Director's case for a Continuing Care Order rests foundationally upon Dr. Colbourne's Shaken Baby diagnosis of Baby B's injuries dating to the autumn of 2007 and that diagnosis is not a stand alone call. If the diagnosis can be supported by the findings of another highly qualified expert, the case has legs. MCFD's case may be on life support now and running out of breath. When anyone tells the truth in this case it never reflects well on the MCFD. His opinions, Sargent admitted, were subjective opinions. Sargent reviewed the studies performed by other clinicians, just as ten other experts did, but each of the ten has disagreed with Colbourne's conclusion. Today, Tuesday August 10th, we hear from one of those ten, namely Dr. Barnes.

We cannot know whether Dr. Sargent's interpretations of the studies might have been different had they been influenced by information that he admittedly did not have, such as the knowledge of the reported accident between the two children or knowledge of the baby's birth history. He did not know that Zabeth spent three days in labour and fourteen hours and thirty five minutes in the final stage of delivery, (the trauma of which can can cause subdural bleeding in newborns.) He didn't know that Baby B was severely anaemic at birth. He did not know that the baby's head circumference grew by six centimeters in the three weeks following the fall that the parents reported. He did not know that she received two sets of steroid shots for lung development due to the mother's history of premature delivery (and this can predispose children to fractures or intracranial bleeding.) He did not know that the baby was on DomPeridone for reflux and that at the same time Baby B’s mother was on the same medication for milk production (and that this medication is considered unsafe because it can cause subdural bleeding.) In fact he did not seek a full history as is frequently recommended to radiologists, because he felt it might be inappropriate since the case was already before the court. He knew only that Colbourne suspected it was shaking.

But you see, in Judge Crabtree's court, Dr. Colbourne has not yet been recognized as qualified to state that it was shaking. She can and did state what she discovered upon examinations of Baby B. She was not permitted to state how the injuries were incurred or that they were non accidental injuries. That was ruled as being beyond the scope of her qualification. Dr. Sargent's testimony did not effectively help the MCFD cause because he was interested in telling the truth. In fact, Dr. Sargent suggested that the lengthy delay created by the failure of medical professionals in area hospitals to diagnose and to treat the cause prior to admission to BCCH made definitive determinations sketchy.
Today, more of the truth. Dr. Patrick Barnes in the morning and Zabeth Bayne in the afternoon.

Thursday, February 25, 2010

For Love and For Justice / Part 121 / Zabeth and Paul Bayne



An expert witness is an authority, who by virtue of education, training, skill, or experience, is believed to have specialized knowledge and expertise in a particular subject beyond that of the average person, sufficient that others should legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his/her expertise, referred to as the expert opinion.

In this Bayne versus MCFD trial, Judge Crabtree will render a verdict. Leading to that anticipated and inevitable outcome each legal counsel calls witnesses some of whom are to be regarded as ‘expert.’ The contest is ongoing between the opposing sides, either to persuade the Judge that the witness is ‘expert’ or to discourage the claim to ‘expertise.’ Each lawyer is acquainted with the Canadian precedents that establish ‘expert’ definition. For testimony to be considered ‘expert’ its content must be the kind that informs the trier of the case, the jury or in this case, the judge, with facts that could not be discerned without the expert and without which the correct conclusion could not be reached. Expert evidence must be necessary or essential and relevant and reliable. To be reliable it must be able to withstand close scrutiny. A judge must then finally rule that the witness is entitled to testify by way of opinion or confirmation or otherwise. While several witnesses have already been presented, their admissability as experts and their 'expert' testimony has not yet been ruled upon by Judge Crabtree. That might be ruled today.

Well that’s what it was all about in court on Tuesday when Dr. Michael Sargent, a Pediatric Radiologist and part of the Children's Hospital physicians’ team was called as a witness for the Ministry of Children and Family Development. Finn Jensen presented him as an expert and his written report as expert testimony. We didn’t get to his testimony yet. That will wait for a later day in the schedule. If he is recognized as an expert, the expectation of the MCFD and Mr. Jensen is that his report and testimony should reinforce the position that the Bayne baby’s physical condition upon admission to Children’s Hospital in October 2007 was consistent with Shaken Baby Syndrome. That's what he is there to do. Will that testimony withstand the heat of a Christie cross-examination may be the issue.

Perhaps Dr. Sargent was aware that his qualifications would be stoutly questioned by Mr. Doug Christie. The morning was spent examining his credentials. Christie’s resultant submission in the afternoon was that Dr. Sargent was not qualified to be the objective, independent expert, that he doesn't have the requisite expertise to speak to shaken baby causation from his examination of X-Ray film. Christie challenged Sargent's expertise to provide a forensic opinion. He should not be allowed to present as to cause. Christie calls this intrusion into areas for which the doctor is unqualified. As he conducted his examination of Dr. Sargent it was clear that Christie took issue with the collegial relationship Sargent has with Dr. Margaret Colbourne. Colbourne’s Shaken Baby diagnosis is a substantial founding block to the MCFD case against the Baynes having their children returned to them. It was Colbourne and Jensen who just a few weeks ago asked Sargent to stand as a witness in support of Colbourne's position. Sargent acknowledged that Colbourne had told him her opinion before she came to court to give testimony. The judge has yet to rule on Sargent's admissability as an 'expert.'
Why we didn't hear Dr. Sargent's testimony on Tuesday: The start of the court session proper, was delayed as both lawyers discussed new evidence that Finn Jensen wanted to present with respect to Dr. Sargent's testimony. Dr. Sargent's multi-page report was emailed to Doug Christie on Feb 22 2010. Sargent had written the report Feb 17, 2010. Doug Christie was prepared to cross examine Dr. Sargent with regard to his report until he learned that that it contained reference to two X-Rays that had only recently been located and were not delivered to the defence radiologist for review. Christie then requested an adjournment to this testimony until Bayne's expert, Dr. Barnes from Stanford would have an opportunity to review and to respond. The Judge would not hear the testimony that day in fairness to Mr. Christie. Cross-examination was limited to Dr. Sargent's qualifications.