Claims involving mild traumatic brain injury (mTBI) form a point of contention in litigation, particularly when the injury is accompanied by significant functional impairment. The diagnostic designation of “mild” reflects initial clinical criteria—such as brief alteration of consciousness or limited observable findings—not the ultimate severity of outcome. Courts evaluating cases involving mild TBIs but severe […]
In cases involving neurological harm, a central issue is the distinction between hypoxic brain injury and traumatic brain injury, particularly when multiple potential mechanisms are implicated. Courts do not resolve this distinction based on diagnostic labels alone. The inquiry requires a disciplined evaluation of whether the evidentiary record supports one mechanism of injury over another, […]
Cervical spine trauma in infants and children presents a set of medical and legal considerations that arise from anatomical vulnerability, diagnostic complexity, and causation challenges. In catastrophic injury litigation, the central inquiry is not whether the injury exists in isolation but if the evidentiary record supports a conclusion that the injury resulted from a specific […]
A birth injury trial is structured around disciplined presentation or medical evidence, causation analysis, and standard-of-care evaluation within the procedural framework of civil litigation. Each phase serves a defined function. Voir dire, the court-supervised examination of prospective jurors, for example, serves to identify whether jurors can evaluate complex medical evidence without bias. Courts do not […]
Birth injury litigation is built on contemporaneous medical records on the reconstruction of clinical events. The central task of litigation is not a simple review of documentation. Translating fragmented hospital data into a coherent account of what occurred, when it occurred, and whether the care provided conformed to the applicable standard is paramount. Courts evaluating […]