Hiring the right experts and obtaining the right evidence in birth injury cases couldn’t be more important as these cases are very complex. According to Jeff Milman, an attorney who has been practicing medical negligence law for 26 years and member of the Advocate Law Group. He provided the following insight on what is involved:

Evidence

Milman obtains outside evidence and uses it to create his own:

Depending on the case, we will have fetal monitoring strips. We may use blow ups of certain injuries that are created by medical illustrators. There will be a number of reports which the experts prepare, especially the economics. Then, we routinely put together two videos; one is called ‘A Day in the Life’ which is intended to be shown in court and it will supplement the testimony of the parents as to what they have to do on a daily basis.

We’ll also do a shortened version, maybe a 10 or 15 minute version of what we call a ‘settlement’ or ‘mediation’ brochure and we’ll use that as evidence to get across how much effort there is and how profoundly it affects the family.

Experts

Milman consults with experts right off the bat:

The first experts I’m going to consult with are labor and delivery nurses to assist me in evaluating the fetal monitoring strips, if that’s the issue. I will also get an obstetrics gynecology expert who is a specialist in the type of case we’re looking at.

Once I have a thumb’s up from them on the issues of liability, that there was in fact negligence, I want to rule out other causes that could cause birth injuries besides the negligence. So, I will get a neontologist to review the chart and make sure that there’s not something genetic or something that occurred after the birth, for example, in the neonatology ward.

Once I have those experts solidly in place, then we’re going to get the damages experts involved and get the baby evaluated and seen by a life care planner, a pediatric neurologist, a physical medicine and rehab expert, have economic reports put together and the day in the life information done.

If your child was profoundly injured or died as the result of medical negligence, contact an attorney whose practice focuses in this area of law for help. To contact an experienced attorney near you, please click here.