This ER physician would get torn apart on cross examination.
All the prosecuting attorney will need to ask if he is board certified in neonatology, OB Gyn, or Pediatrics.
The answer would be “no”.
Then the prosecuting attorney will ask him when was the last time he practiced in a nursery. The answer will most likely be “20 years ago when I was in medical school.”
Then the prosecuting attorney will get a nursery nurse with a huge amount of credentials- with a whole bunch of alphabet digits after her name, a board certified neonatologist,a pediatrician, an ObGyn and ask them ( on the witness stand) what are the risks of removing an infant from the nursery?. They will make this ER doc look bad.
Then the final nail on this ER docs credibility would be to show him the policies and procedures of the nursery unit, and ask him if he was aware of them, and did he sign off on those procedures.You see, when you are an employee, you sign you name to the procedures specific to the unit you work on during orientation.
The answer would be “no”. He would be discredited in the eyes of the jury.Anything he said after that would look suspect.That is why I take no credence to his version of the story.