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HPS Legal Alert: WHY ARE MULTIPLE EXPERTS NEEDED IN BIRTH INJURY CASES?

 
June 4, 2021
 
A serious injury to a newborn child is a devastating event. Dealing with the complex medical-related legal issues, intertwined with the emotional and financial impact of this kind of injury on the child and the parents, requires experienced medical malpractice attorneys. A firm with the time, legal expertise and financial resources must effectively pursue the case and that requires familiarity with seasoned industry experts.
 
A Startling Trend
 
Attorneys who have regularly dealt with birth injury/medical malpractice claims have seen inexperienced lawyers misunderstand how to successfully litigate these cases to resolution, by taking serious missteps in enlisting the assistance of only one subject matter expert to support the case. That approach is almost always inadequate and unsuccessful.
 
For example, if the case involves negligence during the delivery of a child, an inexperienced lawyer might believe that only an obstetrician expert is needed to argue that the delivering physician should have done something different to change the unfortunate outcome. However, that type of analysis and strategy regularly proves insufficient in a courtroom. Important questions remain: Was the negligence related to pre-delivery or post-delivery care? What caused the newborn child’s injury and who is to blame? What is the strategy of the legal team when explaining the injured child’s damages and the family’s financial struggles to the jury?
 
The Value of Hiring Multiple Experts
 
Our decades of experience have shown that multiple experts are needed to prove who is responsible for the devastating injuries to a newborn child, what actions could have been taken to prevent the injuries and how the families should be compensated.
 
The below table outlines the different types of experts that should be considered when dealing with a birth injury/medical malpractice claim.
 
 
The Key Takeaway
 
A complex medical malpractice case involving a brain damaged child is not a simple or inexpensive task. Firms like Haliczer Pettis & Schwamm have the required experience and relationships with nationally-recognized experts to give the family the peace of mind and best opportunity for a successful outcome.
 
If you are involved in a birth injury medical malpractice claim and would like to discuss your options, please contact Richard Schwamm (407.841.9866), Jim Haliczer (954.523.9922), or any member of our Haliczer Pettis & Schwamm legal team:
 

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