It's called the "lung float" test, and, as ProPublica explains, the name is an accurate one. The test first emerged centuries ago as a way to determine if a baby was born stillborn or murdered. The infant's lungs would be placed in water and if they floated—suggesting the baby had drawn breath—it would be seen as proof of murder. Simplistic? Yes. Crude? Sure. Has modern medical technology made the test obsolete? Not so much. The ProPublica piece explores how the test is still being used around the US today to help secure murder convictions, though it is widely discredited as unreliable. "There's no way you can determine live birth versus stillbirth with this test," says Dr. Gregory Davis of the University of Kentucky College of Medicine. However, ProPublica found that the test has helped put nine women in prison since 2013, some of whom remain there.
"Basing something so enormous on a test that should not be used, that has been completely discredited, is absolutely wrong," says Dr. Ranit Mishori, the senior medical adviser for the nonprofit Physicians for Human Rights and a professor of family medicine at Georgetown University School of Medicine. Among other things, critics say air can be introduced into a stillborn baby's lungs in various ways, including resuscitation attempts. Medical examiners who still use test—procedures vary—generally acknowledge the shortcomings but say it can be a helpful tool. The story focuses on the case of Moria Akers of Maryland, who is serving 40 years after being convicted of murder and whose appeal is centered on the shortcomings of the test. Read the full story. (Or check out other longforms.)
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