Few things are more devastating for a parent than a diagnosis of cerebral palsy due to a birth injury. One of the questions at the top of any parent’s mind in that scenario is, “What happened?” That’s also the key question for the lawyers for the parties involved. Getting to the bottom of what happened requires medical expertise, and the right expert can make all the difference.
Find the right expert to protect your client’s interests
In cerebral palsy cases, there are usually millions or even tens of millions of dollars at stake, to say nothing of the family’s future and the reputations of the medical providers involved. Here’s what attorneys need to know about the role of expert witnesses in building successful cerebral palsy cases.
Establishing the standard of care and causation
As with any medical negligence case, proving cerebral palsy was the result of a preventable birth injury requires medical expertise. That starts with experts in the same medical specialty as those involved in the birth who can establish the standard of care: OB/GYN, maternal-fetal medicine, anesthesiology, and so on. In particular, experts can help the attorneys understand the applicable standards of care in prenatal care, labor and delivery, and postnatal care, and assess whether those standards were met at each stage.
Just as importantly, the right expert can draw the causal connection between the alleged breach of the standard of care and the child’s cerebral palsy. Expert witnesses such as pediatric neurologists can explain the effects of birth complications such as hypoxia or meningitis on the brain and draw the connection between those complications and the cerebral palsy diagnosis, or explore alternative theories of causation, as needed.
Determining damages and the cost of long-term care
Because cerebral palsy causes lifelong disability, the prospect of a lifetime of care needs to be incorporated into a verdict or settlement. Again, medical experts can play a critical role in this aspect of the litigation. Doctors who specialize in treating cerebral palsy patients, such as neurologists, physiatrists, and pediatricians, can explain the types of treatment the plaintiff may need and their long-term prognosis. Allied health professionals such as nurses and physical and occupational therapists can likewise explain the importance of certain medical services for the patient.
Life care planners can have a particularly powerful impact on cerebral palsy cases. They can use their expertise to create a comprehensive plan that explains what services, medications, and medical devices the child will need throughout life and what costs will be associated with those services. In high-stakes cases, physician life care planners have significant advantages: they can independently diagnose the cerebral palsy patient and reach their own medical conclusions, and their opinions may be given more weight by a jury thanks to their credentials.
Contact Rieback Medical-Legal Consultants to find the right expert for your case
Every case is different, and many factors can affect an expert’s credibility and ability to help you build a strong case. That’s why it’s so important to find the right expert. For well over three decades, the team at Rieback Medical-Legal Consultants has been working with some of America’s top birth injury attorneys, providing the best in medicine to assist the legal community. To find out how we can help, give us a call or contact us online today.