Obstetric Malpractice Claims

Continental Networking Breakfast and Registration

Co-Chairs’ Welcome Remarks

Kurt D. Lloyd
Partner
Lloyd Law Group, Ltd

Michael Austin
Partner
Galloway, Lucchese, Everson & Picchi

The Dobbs Effect: Evaluating the Potential Liabilities of the Overturn of Roe v. Wade for the Practice of Obstetrics

Michael Anderson, CPHRM
Manager, Patient Safety & Risk Management
Medical Insurance Exchange of California

Daniel Tranen
Regional Managing Partner
Wilson Elser Moskowitz Edelman & Dicker LLP

With the Supreme Court’s decision in Dobbs, many doctors are now facing the high risk of civil and criminal liabilities at the state level for matters concerning reproductive health. In this respect, Dobbs is a game changer in the area of obstetric malpractice in that it opens the door for new theories of liability and may impede on doctors’ autonomy in making the best and sometimes life saving decisions for their patients. Join us as we discuss the reality and implications of this groundbreaking decision.

• Understanding how Dobbs, in addition to opening to criminal prosecutions in some states, may also lead to civil liabilities for doctors and hospitals
• Identifying new state standards for at risk birthing mothers and infants
• Illustrating how Dobbs may lead to state authorities interfering with the practice of reproductive and obstetric medicine
• Examining certain state that have initiated legislation in reaction to Dobbs:
• Texas
• California
• New York
• Florida
• Analyzing the consequences of Dobbs with respect to training of new doctors and other medical professionals

The Anatomy of Defending Catastrophic Perinatal Cases

Michael Austin
Partner
Galloway, Lucchese, Everson & Picchi

Kurt D. Lloyd
Partner
Lloyd Law Group, Ltd

Join this interactive review focusing on the fundamental techniques when handling catastrophic perinatal cases.

• Addressing the roles of a plaintiff attorney’s approach vs. a defense attorney’s approach to catastrophic perinatal cases
• Outlining the steps in the investigation of perinatal and other obstetric injury cases
• Dissecting the standard of care involved and causation elements
• Identifying steps to take to investigate and prove an unpreventable fetal/neonatal brain injury
• Assessing factors in the economic equation concerning potential damages
• Life expectancy of child
• Needs for child’s care and well-being
• Future earning capacity

Morning Coffee Break

The Digital Effect: Evaluating the Risks and Benefits in Telehealth Usage in the Practice of Obstetrics

Adam Snyder
Founder & Trial Lawyer
The Birth Injury Alliance, Ltd.

Anjali Dooley
CEO & Founder
The Innovators Law Firm, LLC

• Navigating the new world of Telehealth and obstetrics
• Weighing the pros and cons of telehealth use in administering obstetric care
• Determining new means of doctor consultations and obstetric check ups
• Understanding potential liabilities surrounding telehealth procedures
• Is there coverage for telehealth in the malpractice policy?
• Analyzing recent cases where telehealth appointment has led to a malpractice lawsuit

Evaluating the Use of AI in Obstetric Diagnostics: Understanding Enhanced Capability and Inherent Risks

Richard Henderson
Senior Vice President
TransRe

Matthew Keris
Chair, Electronic Medical Record and Audit Trail Practice Group
Marshall Dennehey Warner Coleman & Goggin, P.C.

Matthew Sappern
CEO
PeriGen

• Understanding how AI is used in the world of obstetric diagnostics
• Identify the use of AI in ultrasounds
• Identifying obstetrics patient risk factors that can be mitigated by AI
• Evaluating how AI is enhancing data collection from existing diagnostics and modalities
• Identifying AI risks that can shift the practice of obstetrics
• Exploring solutions to reduce AI risks
• Interpreting data from AI algorithms: how much should a doctor rely upon AI findings as opposed to independent medical judgment
• Understanding how proposed reforms for obstetrics may shift the standard of care for obstetric patients
• Are reform efforts being factored into settlements today?
• Case Study: Assessing the use of AI in ultrasounds
• Evaluating the benefits of AI usage in ultrasounds
• Understanding the limitations and consequences of AI usage in ultrasound

Networking Luncheon

Interpreting the Findings of Fetal Heart Monitoring Strips: Examining New Guidelines and Exploring Liabilities for Misinterpretation

Michael G. Ross, MD MPH
Distinguished Professor of Obstetrics and Gynecology and Public Health
UCLA School of Medicine

Timothy H. Bendin
Partner
Bendin, Sumrall & Ladner, LLC

Kurt D. Lloyd
Partner
Lloyd Law Group, Ltd

• Exploring advances in fetal heart monitoring strips technology
• Examining recent guideline changes for fetal heart rate monitoring
• Distinguishing the different categories of fetal heart monitoring
• Managing Category II fetal heart rate tracings
• Examining techniques for how a doctor can determine when a fetal heart monitoring strip has deteriorated to such an extent that medical intervention is necessary
• Understanding when an obstetrician should see a patient as opposed to a nurse alone?
• Determining the amount of time that an obstetrician should be monitoring the strip for a low-risk versus a high-risk patient
• Interpreting contraction patterns and their impact on fetal heart rate
• Examining current scientific and technological advances that eliminate some subjectivity with FHR monitoring strips interpretations
• Analyzing techniques that doctors use to determine when a fetal heart monitoring strip is malfunctioning
• Identifying when medical intervention is necessary
• Devising techniques for presenting FHR tracings interpretations to the juries so that it is engaging and understandable

FOCUS on Neurological Assessments

Avoiding HIE and Related Conditions: A Comprehensive Look at the Use of Brain Cooling for Avoiding Brain and Neurological Dysfunctions

Jacob Diesselhorst, Esq.
Partner
Maples Nix & Diesselhorst, P.L.L.C.

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

• Examining new developments in the evaluation of Hypoxic Ischemic Encephalopathy (HIE)
• Synthesizing the connection between Cerebral Palsy and HIE
• Understanding the correlation between timing and administration of cooling and HIE
• Identifying whether children with mild HIE should be cooled
• Interpreting most recent data from HIE studies
• Understanding the challenges of proving that an injury occurred before labor in relation to HIE
• Determining what to do if an infant has received a normal MRI, but later developed HIE
• Evaluating the various types of experts needed to argue and defend your case successfully
• Analyzing what exacerbates a HIE injury
• Exploring tools and diagnostics that can be used to determine if an injury occurred in utero and how to handle these cases

Afternoon Refreshment Break

Case Study

Dissecting the Truths and Myths of Normal and Abnormal MRIs in Relation to Neurological Deficit Outcomes

Max Wiznitzer, MD
Pediatric Neurology
UH Cleveland Medical Center

Kurt D. Lloyd
Partner
Lloyd Law Group, Ltd

Michael Austin
Partner
Galloway, Lucchese, Everson & Picchi

Join this interactive case study as our speakers discuss the truths and myths behind the relationship between normal and abnormal MRIs and the link to HIE and other neurological conditions. Talking points will include:

• Developing a crucial understanding of the significant differences between normal and abnormal MRIs when detecting neurological deficits early on.
• Identifying when action should be taken to reduce neurological defects
• Analyzing the pros and cons of acting on normal MRIs versus abnormal MRIs
• Exploring the truths of responding to normal MRIs versus abnormal MRIs

A Guide of the Essentials of Placental Pathology for Today’s Plaintiff and Defense Counsels

Carolyn M. Salafia, M.D
Placental Pathologist
Placental Analytics, LLC

Gerald D. Jowers, Jr.
Partner
Janet, Janet & Suggs, LLC

• Identifying why placental findings are relevant to obstetric malpractice claims
• Understanding the basics of placental pathology
• Gross exam
• Microscopic exam
• Assessing key placental growth abnormalities and umbilical cord abnormalities
• Analyzing what the placenta tells us about intrauterine infection
• Clinical and histologic chorioamnionitis
• Bacterial and viral infections
• Maternal versus fetal inflammation
• Extent and duration of inflammation
• Exploring the most common placental lesions
• Maternal Vascular Malperfusion
• Fetal Vascular Malperfusion
• Villitis of Unknown Etiology
• Examining meconium staining
• Eliciting the effects of Nucleated Red Blood Cells
• Outlining the limitations of placental pathology in obstetric malpractice claims
• Reviewing the Plaintiff approach to placental findings in obstetric malpractice claims
• When to retain an expert
• When to bring a placental pathologist to trial
• Risks of focusing on placental findings
• Dealing with specific placental findings
• Challenging the defense placental pathologist
• Medical literature
• Daubert / Frye
• Court decisions on placental pathology

Closing Remarks. End of Day 1

Continental Breakfast and Registration

Co-Chairs’ Opening Remarks and Recap of Day 1

Kurt D. Lloyd
Partner
Lloyd Law Group, Ltd

Michael Austin
Partner
Galloway, Lucchese, Everson & Picchi

OBSTETRICS IN A POST PANDEMIC

From Pandemic to Endemic: Understanding How COVID has Changed the Practice of Obstetrics and Obstetric Malpractice

Taylor Tribble
Partner
Huff, Powell & Bailey, LLC

Patricia Giordano
Partner
Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP

• Illustrating the changes that COVID created on examining and diagnosing patients
• Understanding how COVID affected labor and delivery
• Examining potential risks of the exposure of COVID in-utero
• Are there new genetic mutations?
• Are there new prognoses developed due to the exposure of COVID?
• Analyzing the affects of COVID on a pregnant patient and the likelihood of passing it to the fetus
• Exploring new theories of liability as well as defenses which developed throughout the course of the pandemic

Morning Refreshment Break

Exploring the Legal and Medical Consequences of the Expanding Use of Midwives and Nurses in Obstetrical Practice

Eric J. Firsch
Partner
Copeland Stair Valz & Lovell, LLP

• Understanding the roles that certified midwives, uncertified midwives and L&D nurses play during the entire pregnancy and the delivery process
• Exploring why hospitals may or may not be opting for licensed professionals
• Examining insurance guidelines, supervision protocols, and potential liability
• Illustrating the difference in liability for midwives and doctors
• Analyzing corporate negligence theories with respect to midwives, L&D nurses, and hospitals
• Exploring different state laws surrounding midwifery procedures
• Exploring negligence theories used in cases involving mid-level practitioners related to dosages and timing of administering medications to accelerate labor and delivery
• Assessing whether L&D nurses and midwives are equipped for early management and resuscitation of a newborn baby in a timely fashion
• Analyzing outcomes: OBs vs. L&D nurses and midwives

From Selecting Witnesses to Jurors: Best Practices That Can Help You Get the Verdict You Want

Bryan Edelman, Ph.D.
Co-founder
Trial Innovations

The testimony of expert witnesses and careful selection of jurors in obstetric malpractice litigation is critical to the case’s outcome. The expert’s knowledge, demeanor, as well as their ability to communicate with jurors is pivotal to your case at hand.

Strategically selecting jurors can have a huge impact on the outcome of your case. Join our speakers as they examine the best strategies – for both plaintiff and defense counsel – to employ when evaluating, selecting, and preparing expert witnesses. They will provide guidance on how to evaluate, select, and prepare the best experts for your case and identify critical strategies when selecting jurors to minimize mistakes in the selection process.

Networking Luncheon

Exploring New Risks in Reproductive Medicine and Technologies

Christopher Donadio
Partner
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Whether you settle or go to trial, damages are always a consideration. This panel will explore recent damages trends in obstetrics and provide guidance on how damages are calculated.

• Understanding the role and risk of new technologies that assist with fertility
• Exploring new IVF techniques, including the use of AI
• Evaluating the consequences of improper insertions
• Analyzing negligence claims surrounding these mishaps
• Illustrating the potential class actions that may occur due to sperm bank losses
• How are these cases handled
• Examining how the Dobbs decision may impact the practice of reproductive medicine and fertility treatments

Explore Damages Analyses and the Use of EMR Audit Trails

Saira Pasha
Chief Executive Officer
Audit Trail Pro

Tammy L. Wade
Attorney at Law
Johnson & Bell LLP

Whether you settle or go to trial, damages are always a consideration. As such, there has been an evolution of tools made to help. The use of EMR audit trails in medical malpractice cases is rising exponentially, and especially in OB cases where there is often a dedicated EMR system in addition to the hospital’s main system. When there is conflicting testimony about the timeline of events, the objective data acts as a powerful “silent witness” for jurors, with the potential to significantly impact verdict value. This panel will explore damages analysis and the basics of audit trail analyses and how to use them to your advantage.

• Assessing the essential values that go into calculating damages for an obstetric malpractice case
• Understanding the importance of calculating damages and what could happen if it is calculated improperly
• Reviewing recent case law that has affected calculations
• Developing best practices when selecting a damages expert to meet the measure of damages for your case
• Analyzing the big-ticket damages items stated by a plaintiff, and defense strategies to counter this

An In-Depth Look Into Life Care Plans and Their Role in Obstetric Malpractice

Susan Combs
Chief Executive Officer
Combs & Company, LLC

Thomas Geroulo
Partner
Bardsley, Benedict & Cholden LLP

• Understanding how life care claims have changed in this post pandemic world
• Understanding the effects of COVID-19 on life expectancy
• Comprehending the role of damages in life care plans
• Evaluating factors that go into a reasonable life care plan directed at a therapy, treatment, or an accommodation which the injured party may truly need
• Identifying common challenges with life care plans presented by plaintiffs
• Exploring ways of finding a compromise
• Examining ways of resolving differences on damages
• From a plaintiff’s attorney perspective, how is a damage assessment built?
• From a defense counsel’s perspective, how to evaluate it?
• Analyzing the plaintiff and defense debate on the collateral source rule

Exploring the Ethical Dilemmas in Obstetrical Malpractice

Thomas Chairs
Partner
Gordon Rees Scully Mansukhani, LLP

In this closing session, our speakers will provide a 360 view of ethics and professional conduct considerations in obstetric malpractice claims. Explore considerations for physicians and attorneys in doing the right thing for the patient.

Conference Recap. Main Conference adjourns