Available 24/7 • More Than 31 Years Experience • Serving Louisville and Lexington
call white502-253-9110
sub-hero

Blog

At Wilt Injury Lawyers, we take care of our clients like we take care of our family. Schedule a free consultation with us today so you can get the help you deserve.

The Role of Expert Witnesses in Birth Injury Cases

Bringing a child into the world can and should be a gratifying experience. Sadly, sometimes, there are complications during the birthing process, causing babies to develop neurological, spinal cord, and nerve damage. These injuries can be devastating, typically resulting in lifelong conditions. Between surgeries, medications, and visits with specialists, treatment costs can easily reach six figures.

It is estimated that 157,700 birth injuries that occur each year are preventable. If you or your baby experienced an injury during childbirth, an expert witness may be able to determine whether an obstetrician deviated from the acceptable standard of care.

In this blog, our Lexington birth injury lawyers discuss proving a physician’s liability and how an expert witness can provide valuable insight.

Proving Negligence in a Medical Malpractice Claim

To financially recover in a medical malpractice claim, you will need to prove that the following occurred (known as the four D’s):

In medical malpractice cases, the plaintiff (you) must prove that your healthcare provider’s actions “more likely than not” caused your child’s injuries. This is known as the preponderance of the evidence standard.

Why Should I Use an Expert Witness in a Birth Injury Lawsuit?

Although you are aware of your child’s injuries, you likely do not have the medical knowledge to prove how your doctor’s actions caused your baby’s condition. That is where an expert witness comes into play. An expert witness can examine medical records, speak with other healthcare staff, and review other evidence to determine if a physician deviated from the acceptable standard of care.

Under Kentucky Rules of Evidence Rule 702, an expert witness is defined as an individual who has the “scientific, technical, or other specialized knowledge” that will help a judge or jury understand the available evidence and come to a conclusion regarding a party’s liability.

An expert witness’s testimony must meet the following criteria:

Who Can Be an Expert Witness?

Most often, a physician will serve as an expert witness in a medical malpractice case. The type of physician will be based on your baby’s ailment. If your child suffered a brain injury at birth, then the expert witness may be a neurologist or neurosurgeon. If your child experiences damage to the brachial plexus (nerves that transmit signals to the arms and hands), then you may consult a neurologist or an orthopedist.

Consult with Our Lexington Birth Injury Lawyers Today

If you or your baby have suffered an injury during labor or delivery, our legal team wants to speak with you. We make it our mission to help families dealing with birth injuries recoup for any resultant financial and emotional losses. To arrange your free case review with one of our Lexington birth injury lawyers, contact us online or by phone today.