Selecting Expert Witnesses in a Birth Injury Case
Birth injuries caused by medical malpractice can have a devastating effect on your child’s life and that of the entire family. Birth injuries can result in physical disabilities, brain damage, and learning disorders. Victims may also require a lifetime of costly medical treatment and assisted living care.
With this in mind, expert testimony is a standard part of the litigation process. Like other states, Colorado has stringent laws about who qualifies as an expert witness in a birth injury medical malpractice case. For example, Colorado medical experts must sign off on the merits of a medical malpractice lawsuit before the case is permitted to go to trial.
When selecting an expert witness, your medical malpractice attorney will make sure the witness is fully qualified. They’ll also look for a specialist who knows how to break down complex issues for juries to understand.
What Is a Birth Injury?
A birth injury refers to any harm that occurs to a baby during the process of labor and delivery. These injuries may include severe conditions that dramatically affect the child’s quality of life. Birth injuries can manifest in various forms, such as physical injuries, neurological disorders, or developmental delays.
What Is an Expert Witness?
An expert witness is a person with specialized knowledge in a particular area that’s relevant to a personal injury case. Their knowledge and experience are used to clarify complicated issues.
Examples of expert witnesses who may be called upon to support a personal injury claim or lawsuit include:
- Traffic engineers who explain how road designs contribute to vehicle collisions
- Economic loss experts who assess the long-term financial implications of an injury
- Mental health experts who evaluate trauma, anxiety, depression, and other symptoms suffered by injury victims
More specifically, a birth injury medical malpractice lawsuit utilizes expert witnesses who are specialized professionals to provide objective medical testimony. The expert witness role involves explaining the medical facts and potential long-term impacts of an injury.
In legal cases related to highly technical fields, such as medical malpractice, the role of expert witnesses is to provide specialized insights that help everyone involved understand the technical aspects of a case. This clarity is particularly important in birth injury cases, as the stakes are high and certain details may be confusing to non-experts.
What Is a Certificate of Review?
In Colorado, a Certificate of Review is a legal document required for lawsuits that are related to professional negligence. This includes all cases involving medical practitioners, such as doctors or nurses.
If you wish to file a birth injury medical malpractice lawsuit in Colorado, a Certificate of Review must be filed within 60 days of filing the lawsuit, and this document must be vetted by a medical professional in the relevant field.
The Role of Expert Witnesses in a Colorado Birth Injury Case
Expert testimony can significantly influence the outcome of a medical malpractice trial. In birth injury cases, expert witnesses explain medical procedures and potential complications to judges and juries.
The role of an expert witness extends beyond just providing information. They also address whether standard care was provided and must also interpret data and offer opinions based on their expertise.
Third-Party Objectivity
Ensuring third-party objectivity is essential when selecting an expert witness. The expert should be independent, with no personal connections to the case, as this guarantees their analysis is unbiased and factual.
Unlike a personal physician who might have an emotional investment in the victim or their family, a third-party expert maintains professional detachment. This objectivity is vital for presenting clear, impartial testimony that the court can trust.
Essential characteristics of an expert witness include:
- Independent evaluation free from personal biases
- Unbiased testimony based solely on facts and evidence
- Professional detachment ensuring credibility in the courtroom
Legal Requirements for Birth Injury Expert Witnesses
In Colorado, only qualified individuals are allowed to provide testimony in a medical malpractice case. An expert witness analyzes the situation in light of the professional standard, identifying any deviations that may have contributed to the injury. This evaluation is key in determining liability and the potential for negligence.
According to Colorado law, an expert witness who testifies in a birth injury medical malpractice trial must meet the following criteria:
- A medical license in the relevant field
- Familiarity with the standards of care in the relevant field
- Experience that allows them to practically apply theoretical knowledge
- A strong educational background in their field, such as advanced degrees and specialized training
Call Our Denver Birth Injury Attorneys to Learn More
If your child has been a victim of a birth injury, you may be able to seek compensation for the injuries they’ve suffered. You shouldn’t have to handle the effects of negligent medical professionals on your own—a credible birth injury lawyer from Leventhal Puga Braley P.C. can help.
Founded in 1981, Leventhal Puga Braley P.C. has been recognized as one of the best law firms in the country and the top law firm in the state of Colorado for medical malpractice and personal injury. Our firm has achieved significant settlements in birth injury cases for clients in several states, with lead attorney Jim Puga winning the largest medical malpractice jury verdicts—over $17.8 million—in the history of the state of Colorado.
Our firm has been getting justice for victims of medical malpractice and their families for decades, and we can help you. Call Leventhal Puga Braley P.C. at (303) 759-9945 to schedule a no-cost consultation with one of our Denver birth injury lawyers.