Using Improvements in Medical Technology to Prove Timing of Newborn Brain Injury

Lawsuits alleging brain injury to newborns have received much attention. The medical industry and its insurers are concerned about the costs of defending these cases and the ultimate risk of loss. Cases involving these issues are difficult to defend for several reasons, one of which is proof relating to causation and, in particular, the timing of injury to the brain of the newborn. Because of significant advancement in understanding the origins and causes of newborn brain injuries, there has been a related advance in the ability of attorneys defending medical malpractice actions to prove that the alleged injury did not occur at or near the time of delivery. Improvements in understanding the pathology of brain injury and in the ability to demonstrate through neuroimaging the actual nature and location of injuries have, when combined, provided the trial lawyer with new and useful tools to better demonstrate the timing of brain injury.