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Childbirth is unequivocally the most miraculous and complex of the life-events we experience throughout our human existence. Unfortunately, while unborn babies are built to withstand the rigors of childbirth, birth injuries do occur. When they do, a family is often thrust into a worst-care scenario that sees them having to provide 24/7 care to a significantly compromised child.
Join seasoned trial lawyers and birth-injury experts, Keith Mitnik and Jack Cook, for a comprehensive, 90-minute webinar on this important topic. Learn how to identify complex birth injury cases, and the keys to building a strong case.
When birth injuries occur, questions are immediately raised:
• What happened?
• Why did it happen?
• Could it have been predicted or prevented?
These are questions that often require litigation to resolve and, given the complexity of the medical issues surrounding these matters, birth injury litigation constitutes some of the most expensive and time-consuming work within the realm of personal injury law.
The daunting job of proving medical malpractice in a birth injury case starts with understanding how to identify a potential case. Most jurisdictions have relaxed statutes of limitations that allow these cases to be brought beyond the natural statutes of limitation and repose, and oftentimes all the way up to the age of majority. Despite that expanded access, only a small fraction of birth injuries actually develop into birth injury cases. While some are the product of unavoidable circumstances, others are missed because of a simple lack of general understanding as to the different types of birth injuries and their potential causes—including medical mistakes. Once a potential case is identified, it must be masterfully built and supported by the medicine and the science, which will require consultation and collaboration with qualified medical and nursing experts.
While medical malpractice settlements can be substantial, oftentimes these cases require three- to six-week jury trials to resolve, which can see costs easily crest into six figures. Advanced preparation and a strong framing of the key issues will be the sharpest tools in your bag.
During this presentation, Keith and Jack will discuss effective ways in identifying, building, and proving the three major types of birth injury cases:
1. Brain Damage (Hypoxia)
2. Shoulder Dystocia (Brachial Plexus Injury)
3. Stillbirth
Finally, Keith and Jack will cover effective ways to frame these complex medical issues and create user-friendly models that allow jurors from multiple backgrounds and education levels to fully and collectively understand the science, appreciate the gravity of the tragic situation, and arrive at conclusions based on a strong show of evidence.
Need accreditation in another jurisdiction? Fill out this form and note Course No. 220906D00.
On Demand Program: 102 Minutes + 48 min of Q&A
Original Air Date: 09/06/2022