Birth injury claims and lawsuits, like all medical malpractice claims, require significant medical knowledge in order to properly litigate. Indeed, you can’t even pursue a birth injury case in court without the right medical expert or experts on board. Actually, winning a birth injury case requires highly skilled experts who can explain what happened, what went wrong, and what the medical consequences of the injury will be.
That’s why you need an experienced birth injury attorney who knows how to find the right experts to prove your case and pursue the compensation your child deserves. Here’s what parents need to know about expert witnesses in birth injury cases.
Experts are needed to explain what happened and why
Not every birth injury is the result of medical negligence. To prove that your child’s injury was caused by a medical professional’s negligence, you need an expert witness in the same medical specialty to explain the standard of care and offer an opinion on whether the defendant doctor met or breached that standard of care. In birth injury cases, that most often means an OB-GYN, but doctors in other medical specialties may be needed as well, such as an anesthesiologist if the injury was caused by an anesthesia error during a c-section.
Just as not every injury is caused by a medical error, not every medical error causes an injury. You also need a medical expert witness to explain causation; that is, to offer an opinion on why and how your child was injured. This may be the same expert who explains the standard of care or a different expert, depending on the circumstances.
Other experts who may need to testify about the causes of a birth injury may include nurses, physician assistants, and even hospital administrators who can offer an opinion on miscommunications and administrative issues that may have contributed to your child’s injury.
Experts are also needed to establish the long-term cost of your child’s birth injury
Proving that your child was injured due to medical negligence is only half the battle. To get the damages (financial compensation) your child deserves, you also need experts who can describe the effects of the injury on their health and the long-term costs associated with those injuries. Those experts may include physicians such as pediatricians or neonatologists.
Life care planners can also play a critical role, since they can explain the long-term cost of the care that your child will need as the result of a permanent injury.
The right attorney can find the right experts and guide your case forward
Birth injury cases often come down to a “battle of the experts,” and that means finding the right lawyer who knows how to work with those experts is critical. Our law firm has the resources needed to find highly qualified, credible experts to help prove your child’s case and the experience to prepare those experts to offer compelling testimony in depositions and, if necessary, at trial. We also know how to undermine the experts hired by the defense and ensure that your family is put in the best position to win.
If your child has sustained a preventable birth injury and you aren’t sure what to do next, get a law firm with experience, resources, and a winning track record of results, including a $12.6 million recovery for a baby girl diagnosed with cerebral palsy after an obstetrician failed to respond to signs of fetal distress.
Contact The Lancione Law Firm today for a free, confidential consultation.