Before, During or After Birth: Determining When an Injury Occurred

June 26, 2019 9:45am

Mark D. Clore

Clore Law Group, LLC (Charleston, SC)

Jonathan M. Fanaroff, M.D., J.D., FAAP
Professor of Pediatrics
Case Western Reserve University School of Medicine
Director, Rainbow Center for Pediatric Ethics at Rainbow Babies & Children's Hospital, Division of Neonatology (Cleveland, OH)

Andrew S. Kaufman
Partner
Kaufman Borgeest & Ryan LLP (New York, NY)

  • Developing best practices for determining when an injury occurred
    • How to time and prove HIE injury
    • Determining which type of experts you need to make your case: placental pathologists, pediatric neuro-radiologist, pediatric neurologist, geneticist, etc.?
  • Addressing the challenge of proving that an injury occurred before labor
    • Preexisting injuries and abnormal heart rate tracing
  • Assessing the length of labor: How long is too long?
    • Suggested protocols for addressing this potential cause of common injuries in babies
    • Addressing plaintiff attorneys’ claims that a mother was in labor for too long
  • Evaluating in utero infection as a potential cause of injury
    • How does infection cause an injury? Is it diagnosable? Is it preventable?
    • Suggested ways of proving that infection occurred before labor
  • Analyzing the use of post-birth CT scans and MRIs to determine when an injury occurred