Full Breakdown
Medical Examiners Warn Against Controversial Lung Float Test in Stillbirth Cases
12/30/2025, 7:47:10 AM
Overview of the Lung Float Test Controversy
The National Association of Medical Examiners (NAME) has issued a warning regarding the lung float test, a forensic method used to determine whether a newborn was born alive or stillborn. This test has been criticized for its lack of scientific reliability and has been implicated in criminal cases against mothers, including charges of murder. The test operates on the premise that if a baby was born alive, air in the lungs will cause them to float in water, while stillborn lungs will sink. However, many experts consider this method to be "junk science," drawing parallels to historical witch trials.
Position Paper and Expert Opinions
In October 2023, NAME released a position paper addressing the lung float test as part of a broader discussion on investigating perinatal deaths. The paper, which is set to be published in the American Journal of Forensic Medicine and Pathology, emphasizes that the test has "known pitfalls" and is of "questionable value." Reade Quinton, NAME's president, noted that this is the first time the organization has formally addressed the lung float test in its nearly 60-year history. He expressed hope that the paper will guide practitioners in handling complex cases involving perinatal deaths.
Legal Implications and Case Studies
The implications of the lung float test are particularly significant in light of recent legal cases. ProPublica's investigation highlighted the case of Moira Akers, a Maryland mother sentenced to 30 years in prison after prosecutors used the lung float test to argue that her stillborn child had been born alive. The Maryland Supreme Court has since granted Akers a new trial, focusing on other aspects of her case rather than the lung float test itself.
Another case involved Latice Fisher, who delivered her baby in a toilet. The medical examiner's use of the lung float test resulted in a ruling that the baby was born alive, leading to murder charges against Fisher. However, after her attorneys raised concerns about the test's reliability, the district attorney dismissed the charges.
Criticism and Opposition
Critics of the lung float test argue that it lacks standardization and is often misapplied in forensic settings. Dr. Odey Ukpo, the chief medical examiner in Los Angeles County, stated that his office does not use the test due to its unreliability. The NAME position paper reinforces this stance, asserting that there is no justification for mandating the test's performance in forensic investigations.
Conflicting Reports and Gaps
While the NAME position paper calls for caution regarding the lung float test, some medical examiners continue to use it, citing its inclusion in forensic pathology training. This discrepancy raises concerns about the consistency of forensic practices across different jurisdictions.
Verbatim Quotes
- “Those who use the lung float should be wary of accepting the results when it conforms to their summation of the findings and rejecting the result if it conflicts; a ‘test’ used in such fashion inevitably becomes more dangerous than useful,” — National Association of Medical Examiners Position Paper
- “It’s important that we now have clarity on it,” — Scott Colom, District Attorney for the 16th Circuit Court of Mississippi
The ongoing debate surrounding the lung float test highlights the need for reform in forensic practices, particularly in cases involving sensitive issues like pregnancy loss. As legal and medical communities grapple with these challenges, the implications for mothers facing criminal charges remain profound.
