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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):
- Duty of care: A physician or OB/GYN must follow the same protocols and handle situations in the same manner that an established practitioner would have behaved given the same or similar circumstances.
- Dereliction: Either through an act or omission, a physician or OB/GYN fails to meet his or her duty of care to your child.
- Damages: As a result of the healthcare provider’s carelessness, your child requires further medical treatment, causing you to suffer measurable losses in the form of medical bills, lost wages, and emotional trauma.
- Direct cause: To be compensated for your losses, you must prove that the healthcare provider’s actions were the direct cause of your child’s injuries. This element is often the most challenging to prove, requiring the testimony of an expert witness.
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:
- The testimony must be based on sufficient facts or data.
- The testimony must be based upon reliable scientific principles and methods.
- The expert witness must have applied those principles and methods to the facts of the case.
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.