child abuse

LI nurse seen slamming newborn in NICU cleared of misconduct, still facing charges

A letter obtained by NBC New York shows that the state investigation is complete and they found that Burke’s actions do "not constitute professional misconduct," saying that the conduct involved "alleged simple negligence," not "gross negligence"

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A 29-year-old nurse from Long Island, fired after a now-viral video showed her roughly picking up a newborn baby and slamming the boy face down into a bassinet, has been cleared by a state agency of misconduct.

Amanda Burke was working in the NICU of Good Samaritan Hospital in Feb. 2023 when video taken by the baby’s father through the nursery window captured the alleged acts. The child's parents showed the hospital and confronted the nurse, and spoke with NBC New York in February.

"I told her 'I don’t want you to touch my child you just slammed him,'" said Consuelo Saravia, the mother, "And she told me 'Oh no, if you think I mishandled him or anything, I’m sorry.'"

Burke was fired, charged with endangering the welfare of a child and was referred to the New York State Education Department’s Office of Professional Discipline for review. A letter obtained by NBC New York shows that the state investigation is complete and they found that Burke’s actions do “not constitute professional misconduct,” saying that the conduct involved “alleged simple negligence,” not “gross negligence.”

“There was nothing that Amanda did that warranted them to take any action whatsoever,” said her attorney, Robert Gottlieb. 

“That’s absolutely absurd,” said expectant mom Courtney Scarola of Islip who had seen the video before. “That’s why my next one won’t be in the nursery at all. I would absolutely not feel safe having her around any of my children.”

“I don’t think it’s right because in that little snippet of video,” said Catherine Barbera of East Islip. “It does look like a very harsh movement.”

Burke currently is not working as a nurse but Gottlieb says she can because her license was never suspended. 

“I remain eternally hopeful and optimistic,” said Gottlieb, “That the DA will come to realize that this case doesn’t belong in criminal court.”

A spokesperson for the Suffolk County District Attorney says they plan to continue to prosecute the case. Burke’s next court date is in late August.  

The baby’s parents were not available for comment on the latest developments.  

Copyright NBC New York
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