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Date: 06/17/2015

3 Areas of Professional Practice CLE Credits


During this seminar you will learn about how to effectively evaluate, assess and litigate a birth trauma case. A distinguished panel of experienced litigators, a pediatric neurologist, and Judge Douglas McKeon will explore the various facets of prosecuting, defending and adjudicating these catastrophic cases.  In addition, New York’s Medical Indemnity Fund and its application and effect on the disposition of these cases will be analyzed.


Bradley S. Zimmerman, Esq.

The Plaintiff Lawyer’s Perspective

1) Initial Evaluation of the Obstetrical Malpractice case.  Records Analysis: Prenatal Care, Intra-partum Care; Fetal Heart Monitoring Strips, Radiographic Imaging, Umbilical Cord Blood Gases, Placental Pathology, Apgar scoring; and evaluation of the neonatal records. Review of the common terminology utilized in a birth trauma case
2) The deposition of the defendant obstetrician: Record preparation, Hospital Protocols, Fetal Heart Monitoring Strips, when to Video Tape; useful trial technology for a defendant obstetrician deposition; utilization of 3-D imaging when presenting radiographic imaging
3) Broadnax v. Gonzalez, 2 N.Y.2d 148, 777 N.Y.S 2nd 416 (2004) and its progeny today.  Evaluation of the case law involving stillborn births and the mother’s emotional loss and damages.


Michael D. Katz, M.D. Pediatric Neurologist
1) Neurologic injury secondary to HIE can be difficult to predict. There are five factors which greatly increase the risk of injury. This lecture will examine one of these preventable factors: hypoglycemia and its relationship to HIE and neurologic sequela.

Peter Kopff, Esq. 

The Defense Lawyer’s Perspective

1) Attacks on the merits of plaintiff’s case

2) Problems when plaintiff’s counsel rely on their own client’s testimony as a cornerstone of their case

3) How plaintiff’s case can be harmed by their expert witnesses

4) Errors plaintiff’s lawyers make in how they present their case

5) Causation Defenses

6) Impact of the Affordable Care Act on proof of future medical costs.


Hon. Douglas McKeon 

The Judge’s Perspective

1) New York Medical Indemnity Fund:

       a) General overview: Cases that either qualify or not

       b) Judge-Directed Negotiation

       c) Successes and Challenges of the Fund

       d) Future of the Fund


Questions and Answers  




Bradley S. Zimmerman, Esq. 


The Jacob D. Fuchsberg Law Firm, LLP.


Hon. Douglas McKeon

Administrative Judge

First Judicial District

Civil Matters


Michael D. Katz, M.D.

Hackensack University Medical Center


Peter Kopff, Esq.

Peter C. Kopff, LLC.









Electronic File Delivery

Documents available with Audio File - DOWNLOAD purchase:
Audio Part 1 - DOWNLOAD
Audio Part 2 - DOWNLOAD
Audio Part 3 - DOWNLOAD