When a catastrophic aviation accident occurs, one of the first questions asked is what caused the crash. In the United States, the responsibility of figuring out the cause falls to the National Transportation Safety Board (NTSB), whose investigations produce detailed factual reports examining the aircraft, its operation, the surrounding environment, and the events leading to […]
During labor, it is not uncommon to find meconium-stained amniotic fluid. Yet, only a small percentage of neonates develop meconium aspiration syndrome (MAS). Even fewer suffer permanent neurological injury. Consequently, the presence of meconium alone rarely establishes negligence. This is why birth injury litigation focuses on the clinicians’ response as the infant’s condition evolved. Plaintiffs […]
Not every catastrophic aviation accident ends at the moment of impact. The collision itself may be disastrous, causing some of the surviving occupants to suffer from severe burns, smoke inhalation, or other injuries during a post-impact fire. Such cases are complex, for the legal dispute extends beyond why the aircraft crashed to whether the injuries […]
In many birth injury cases, the presence of chorioamnionitis is not the central dispute. Medical records may establish that maternal infection or inflammation existed during labor. Instead, litigation considers a more consequential question: did clinicians recognize that the inflammatory process had progressed to a point requiring intervention before permanent fetal injury occurred? Moreover, was chorioamnionitis […]
In many birth injury cases, there is no dispute that the infant ultimately developed neonatal encephalopathy. Instead, litigation asks whether the diagnosis happened within an hour or six—and whether it came too late to preserve opportunities that may have limited permanent neurological injuries. Failure to diagnose neonatal encephalopathy quickly has significant consequences. Should the evidence […]