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Expert Witnesses Provide Testimony in Perinatal Malpractice Cases


Perinatal malpractice usually involves injuries to the baby before, during or after the child has been born. These could occur through the methods used to assist the infant out of his or her mother, the procedures utilized when he or she resides within the mother’s body or the care taken with the baby once he or she has been removed.

Because the child is still developing for several years, any harm caused at these crucial stages could lead to severe damage later or continued problems. For litigation, both a lawyer and an expert witness are often necessary to explain the issue, consequences and how it affects the family.

Infant injuries have been known to persist for many years or throughout the life of the child. These may include permanent disability, mental or sensory impairments and external damage causing internal complications. When the harm is extensive, the young person may need constant medical care to maintain daily interactions. While even minor injuries could lead to required assistance, minor complications frequently cause harsh consequences for the youth. This may be observed through the head being mishandled to the point where brain trauma causes impairments or even limbs
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being broken so that they do not grow evenly.

Infant Medical Malpractice

Doctors may harm a child in a number of ways, but certain instruments have been known to lead to these complications later found in the child. If the physician is too forceful, he may break a bone, but if he does not apply enough force, the baby may not be able to get out of his or her mother. In other cases, there are procedures that transpire that are not standard. It is possible that the doctor acts negligently which could cause the injuries as well. Any of these actions could lead to a medical malpractice suit where both a lawyer and an expert witness are needed.

If at any point a doctor uses methods that are not standard or within the guidelines of the hospital, it is possible he or she is left open to liability. This could also be considered negligence when the infant or mother is harmed in the process. This could be due to instruments not normally used, a process that is too new for the facility to understand how to fully utilize it or similar matters that lead to injury. Because the development of a child is crucial at the early and starting stags of life, any minor or simple damage may not be adapted to or resolved by the baby’s body. This means the healthcare facility or the physician may be held accountable for damages for the remaining years of the child’s life.

Early Injuries and the Expert Witness

An expert witness is often hired for cases of perinatal malpractice because of the complexities in understanding how a minor broken bone or tool could lead to certain impairments or disability. Experts in this field have often been trained or gone to medical school so that they are experienced in these matters. The importance of knowing what little things may lead to with a baby’s head, arms and other parts of the body are crucial in determining how extensive the damage may be later in his or her life. In some instances, it is important to hire an economic expert to reveal the impact that the healthcare needed for a child that has been disabled in this manner. However, if the expert witness is versed in these matters, he or she is able to relay this information.

The primary concern often deals with the harm to the child and how it may affect his or her later years of living.
The easiest way to explain these details is through a timeline with a chart of how the simple damage relates to impairments and disability. Brains harmed through being gripped to hard through the head could lead to learning complications, sensory problems such as hearing or sight and, in certain instances, the baby may develop problems with walking and other physical activity. Slower responses and complications with thinking may be expressed through these injuries. It is vital that an expert witness is hired to assist with these matters

The Expert Witness

Professionals in the medical field have credentials that signify they are capable of understanding the issues in the case. However, these persons often also have practical experience in the area of medicine such as infants or expecting mothers. They are usually invaluable in understanding the concerns presented.


Provided by HG.org


Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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