Medical Malpractice in the Delivery Room: Bringing or Defending Claims for Birth Trauma Injuries
Identifying Defendants, Proving or Challenging Causation, Leveraging Experts, Assessing Damages, Negotiating Settlements

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Personal Injury and Med Mal
- event Date
Tuesday, August 16, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will examine current trends in medical malpractice lawsuits against obstetricians and related professionals for often encountered birth trauma injuries and offer practical strategies for handling these cases. The panel will discuss proper pleading and naming the correct defendants, proving or challenging causation and damages, working with expert witnesses to determine the appropriate standard of medical care and treatment, settlement strategies, and more.
Faculty

Mr. Hakala is a Co-leader of Plunkett Cooney's Medical Litigation Practice Group who focuses his practice in the areas of medical malpractice liability and life sciences defense, as well as product liability.
As a former plaintiff’s attorney, heknows how to win from both sides. Mr. Hakala brings an aggressive arsenal of tools to bear in each of his cases. He represents physicians, health systems and hospitals in health care litigation and claims of alleged professional liability in cases involving birth trauma, cardiac arrest, long term care, missed diagnoses and ophthalmology. Mr. Hakala has successfully served as first- and second-chair in numerous jury trials.
In addition, he also has experience with mass tort and sole plaintiff cases involving medical devices and other products. Mr. Hakala represents cutting edge life sciences and medical device companies in claims that have far-reaching implications on their technologies and businesses.
A partner in the firm's Bloomfield Hills office, Mr. Hakala has extensive experience with product liability claims. Notably, he is the author of the definitive Michigan subject matter treatise on the topic, titled: "Product Liability in Michigan."

Mr. Pope’s practice focuses on representing individuals, families and businesses in products liability, medical negligence and general personal injury cases. Mr. Pope is a Past President of the Georgia Trial Lawyers Association, has served as an adjunct professor of litigation at the Emory University Law School, and regularly lectures on a variety of topics at seminars for attorneys.
Description
Birth trauma is an injury to the child during delivery. Advances in medical technology have significantly reduced preventable injuries. Failing to anticipate--or underestimating--complications, slow responses, unreasonable delays, misuse of medical tools and equipment, and poor after-care can result in devastating and permanent damage. And what's more, failing to understand how the medical evidence is used in litigation can be catastrophic to the pursuit or defense of a claim.
One frequent cause of devastating injuries at birth is insufficient oxygen delivery to the brain, which can lead to severe brain injury resulting in cognitive impairments, cerebral palsy, and other profound, life-altering limitations. Untreated infection or low blood sugar can also cause similar devastating brain injuries. Aside from brain injuries, the delivery itself can lead to damage to the cluster of nerves in the neck that control movement of the shoulder, arm, and wrist leading to permanent impairment in these areas. In other cases, a baby's spinal cord is stretched, which may lead to permanent damage or paralysis.
Medical malpractice attorneys--both plaintiff and defense--must navigate several unique and complicated legal and medical-legal issues from complaint and answer through trial or settlement.
Listen as our experienced panel discusses current trends relating to common birth trauma injuries that give rise to obstetric malpractice claims and strategies for either succeeding or rebuffing those claims.
Outline
- Evaluating birth trauma claims
- Locating all defendants
- Proving or challenging causation
- Selecting and working with experts
- Discovery considerations
- Assessing damages
- Settling claims
Benefits
The panel will review these and other key issues:
- What makes a good (or bad) medical malpractice claim?
- What are recoverable damages for the child and the parents?
- What are settlement considerations for the plaintiff and defendant?
- Is a structured settlement always best?
- Can Medicaid or other benefits be preserved?
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