When health care providers make mistakes during maternity care, labor or delivery, babies that could have come into the world healthy may instead have serious birth injuries. Families supporting newborns with birth injuries face numerous challenges.
There are the practical and social implications of raising a child with developmental delays and other special needs. Then there are the potential lost wages of the parents, who must miss work for medical appointments or leave their jobs to act as a caregiver.
A medical malpractice lawsuit can provide justice and compensation to families affected by inappropriate obstetric care. In many cases, parents pursuing medical malpractice lawsuits due to birth injuries must retain the services of an expert witness in addition to the legal services of a malpractice attorney.
What is an expert witness?
Any experienced, educated or credentialed professional who has a deep understanding of a specific industry or profession could act as an expert witness. They serve as an independent means of evaluating the situation and building a legal case.
In birth injury malpractice cases, expert witnesses are typically licensed physicians who have years of professional experience. They can evaluate prenatal records and documentation from labor and delivery to determine if negligence or improper care caused the birth injuries. Their expertise commands respect, which can help sway a jury during litigation.
Why parents need expert witnesses
The typical juror does not have much medical knowledge. They may hear what doctors and other medical professionals did and assume the care was appropriate. An expert witness can explain oversights and violations of care standards in clear language.
They can review the details of the specific case and explain point by point how professionals failed to provide what is currently considered an appropriate standard of care. Their ability to assess a complicated situation and make it readily understandable for jurors is critical to the success of a birth injury lawsuit. They can take matters that seem abstract or prohibitively complex and make them understandable for the jury.
Successful medical malpractice lawsuits require not just proof of the outcome but also documentation showing that negligence or improper care caused the poor outcome. Reviewing care records with a birth injury attorney and then consulting with an expert witness can help families pursue justice when care providers make mistakes that directly cause birth injuries.