A Kaysville physician convicted in February of negligent homicide will have to wait a week or 10 days to find out if the state will revoke or suspend his license to practice medicine.
A hearing was held Wednesday on the status of Dr. David Warden's medical license by the Utah Division of Occupational and Professional Licensing. It will take the administrative law judge until the end of next week to render a decision, an agency spokesman said.The agency has several options, ranging from taking no action to full revocation of Warden's license. A simple letter of reprimand could be sent, which is not done very often, according to the agency, or Warden's license could be suspended for a period of time.
The agency can also put his license on probationary status, allowing him to practice medicine but with some conditions and stipulations dictated by the agency.
More than 50 supporters of Warden, including patients and fellow physicians, attended Wednesday's hearing. Testimony, however, is limited to medical and legal witnesses, with no comments allowed from the public.
Warden was convicted of negligent homicide, a Class A misdemeanor, in Layton 4th Circuit Court Feb. 26 in the 1986 death of a premature baby boy delivered at home in Kaysville.
Witnesses testified the boy had trouble breathing, and medical experts testified the infant suffered from a respiratory problem common to premature infants and should have been hospitalized.
Although convicted three months ago, Warden has not been sentenced. His case is under appeal. Attorney Darwin Hansen filed the motion to set aside the verdict on the grounds that the prosecutor, Davis County Attorney Mel Wilson, failed to prove that Warden grossly deviated from accepted medical standards of care and that no expert testimony was presented showing Warden's negligence was the actual cause of the baby's death.
Both are necessary to meet the legal definition of negligent homicide.