A Kaysville physician convicted in February of negligent homicide was denied a new trial and will be sentenced July 20 in 2nd Circuit Court.
Dr. David Warden faces up to a year in the county jail in the 1986 death of a premature infant delivered by Warden in a Kaysville home. The baby suffered from a breathing disorder and died the next morning.A jury in February decided Warden should have diagnosed the problem and had the baby hospitalized.
The physician also faces a mandatory 30-day leave from his medical practice starting July 15, ordered by the state licensing board.
The physicians licensing board of the Utah Division of Occupational and Professional Licensing held a hearing on Warden's medical license in May, suspending him from practicing obstetrics temporarily and putting his license on probation for five years.
The board set several conditions, including barring Warden from obstetrics or treating children less than 2 months old until he completes a board-approved educational program.
The board also ordered Warden to obtain additional education, arrange for adequate medical care for his patients during his absences, meet with the board annually and tell patients he does not carry medical malpractice insurance.
The complaint to the board and criminal investigation into the death of Jareth Young was prompted by another physician who treated the infant when he was brought into a hospital the morning after his birth.
According to court testimony, the infant was born at home prematurely in November 1986 and suffered from a respiratory ailment common to premature infants. The baby's breathing difficulty was apparent, according to the family, and medical experts testified the child probably would have lived if he'd been hospitalized immediately.
The baby's condition deteriorated overnight, according to testimony, and he died shortly after being taken to the hospital the next morning.
Warden was convicted of negligent homicide, a Class A misdemeanor that carries jail term of up to one year and fine of up to $2,500.