Birth injury litigation is using genomic testing at an increased frequency, especially when it is introduced as evidence of neurological impairment. Its use reflects the expanding ability to identify genetic variants that may be associated with developmental and metabolic conditions. In the legal context, genomic testing does not resolve causation. Courts consider whether such evidence […]
Delays in screening—particularly in neonatal and early pediatric care—typically involve more than one provider and more than one point of responsibility. In many cases, hospitals initiate testing, laboratories process results, and pediatricians are expected to receive, interpret, and act upon these findings. When a delay occurs, followed by an injury, courts must determine not only […]
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 […]