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Birth Trauma Litigation
Published by New York State Trial Lawyers Association

3.0 Areas of Professional Practice 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 E. McKeon
Administrative Judge, Civil Matters & Criminal Matters
Bronx County, 12th JD
Michael D. Katz, M.D.
Pediatric Neurology, Hackensack University Medical Center
Peter Kopff, Esq.
Peter C. Kopff, LLC
Originally Published
June 17, 2015

Program Titles and Supporting Materials
This program contains the following components:
  1. Birth Trauma Litigation - Video
  2. Birth Trauma Litigation - Paper

How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

 Click on jurisdiction for specific details  

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