Birth Trauma Litigation Complex, Controversial

The Lawyers Weekly | April 29, 2016

Posted May 13, 2016

Every year a number of newborns, small but significant in absolute terms, suffer avoidable brain injury during labour and delivery caused by poor obstetrical care.

The losses are serious, with many suffering profound disability from cerebral palsy. Many have winnable cases, yet few are pursued. More is needed to overcome the medical and legal obstacles to compensation for these children.

Proving liability poses significant hurdles to lawyers and experts, with the real potential to miss meritorious claims. Some lawyers may be discouraged by the sheer complexity and expense. Knowledgeable and willing experts are difficult to find. The required level of sophistication for both the lawyer and the expert is substantial.

In every case, the lawyer must turn to experienced medical experts to prove breaches of the standard of care and causation. To varying degrees those experts will rely on what is considered by some as “authoritative” medical literature or guidelines. Unfortunately, some of the referenced literature and guidelines are misleading, flawed and plagued by fallacious reasoning.

Read full article as it originally appeared in the April 29, 2016 issue of The Lawyers Weekly: Birth Trauma Litigation Complex, Controversial
Birth trauma litigation complex, controversial by personal injury lawyer Richard Halpern

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