You may have questions about the kind of expert that our firm will use in prosecuting you and your family in your child’s case. There’s several categories of experts that I want to talk to you about, just to help you understand where we’ll be looking as we move forward with your case.
First, we have a group of experts that we have to consult with before we can ever bring a lawsuit. Those are experts in the obstetrics field. In the state of Georgia, there’s a requirement in professional malpractice actions that only exist when you’re filing a professional malpractice action. It doesn’t just apply to medical malpractice cases, it applies to any professional malpractice case, but it applies to all medical malpractice cases. That requirement is that an expert in the same field as the doctor we are criticizing, who has practiced at least three of the last five years in that field, has an understanding of what’s called the standard of care. That that expert has viewed the medical records and has come to a conclusion that the doctor, hospital, nurses, labor and delivery team committed negligence.
If you file a lawsuit about a car wreck or a truck wreck or a fall, or a breach of contract action or any other kind of lawsuit you can imagine, you do not have to have that affidavit. That’s an additional hurdle that the legislature and the insurance companies have made sure is present in medical malpractice cases. Before we are even able to represent you and assure you that we can move forward with your case and file a lawsuit, we will have to have an OB on board, at least an OB on board depending on who we’re criticizing, affirming under oath that they are absolutely familiar with the case through review of the medical records, and in their own opinion, based on their experience and their understanding of the standard of care, that they find that the standard of care was violated. Another way of saying that is that there was medical negligence.
So those are the first experts we consult with. Next we consult with other experts in the field of medicine. Depending on who we’re criticizing, who we believe committed errors in your child’s delivery, we will consult with a wide variety of experts. If it is a duwa or a nurse mid-wife, we will consult with experts in that field. If we believe there was a problem with anesthesiology we will consult with experts in that field. If we believe the labor and delivery team, the nurses themselves erred and were negligent, we’ll either consult with an OB, a doctor who supervisors who supervises or trains or teaches nurses, or we will consult with a charged nurse in labor and delivery who’s been in charge of labor and delivery teams for years and years at hospitals delivering babies. Those are all experts that we’ll consult with as we prosecute the case and look for violations of the standard of care.
The next group of experts we look at are experts to help us understand your child’s condition. We’ll need to have experts in radiology, pediatric neuro-radiologists, help us look at the films, the MRIs, the TC3 scans, the PET scans and help us try to identify the brain injury, where it’s located, what likely caused it. Was it the result of a bleed, a brain bleed, because of compression from suction or vacuum, or mistakes that were made in removing your baby vaginally? Or is the brain injury more of a watershed injury, the kind of injury that shows up on film that’s more associated with HIE injury, hypoxic ischemic encephalopathy. Once we’ve identiifed the type of injury and the likely cause, what’s the timing of that injury? Pediatric neuro-radiologists are doctors who only look at brain imaging of infants, newborns and they can help us understand the timing of the injury, is this the kind of injury that likely occurred during labor and delivery? Or is this the kind of injury that likely occurred in the pre-natal period or after labor and delivery?
We will also consult with experts to help us understand your child’s development. Likely an expert who is a pediatric neuro-psychologist, who, not in the infant stage, but when your child’s a toddler, usually by the age of three, will help test your child and help track your child in terms of their cognitive development compared against the norm and be able to help us make predictions about where your child would be and what your child’s needs will be, medically, interventionally, speech, occupational therapy, physical therapy, what sort of long-term needs your child will have.
All of those needs will be put in a plan created by another expert: a life care planner, who will literally help us, along with the doctors, the neuro-psychologists, the treating doctors, and the experts, prepare a budget of what your child’s needs will be.
The bottom line for this firm and what we can do for clients we represent, is that we can get the money and we can’t bring back their child’s cognitive development. We can’t undo the past, but with money we can marry and match the needs the child has and give the child the chance to grow to their full potential and to be taken care of, long, long into their adult years and even old age.
The next area of experts we look at are experts who help us frame and present the case to a jury. Those are non-medical experts who will have expertise in psychology, child consulting, focus grouping, those kinds of experts, and we work with lots of them. Help us craft the story of you and your family and your child’s case and present it to a jury.
Those are really the kinds of experts we use. We are very open minded and forward thinking and out of the box in our use of experts. In fact, we represent so few clients and the stakes are so high, for our babies and their families that we will leave no stone unturned in reaching out to the very finest experts in the world to help us be successful for you and your family.