Interested in training for your team? Click here to learn more

Medical Malpractice in the Delivery Room: Bringing or Defending Claims for Birth Trauma Injuries

Identifying Defendants, Proving or Challenging Causation, Leveraging Experts, Assessing Damages, Negotiating Settlements

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 16, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will examine current trends in medical malpractice lawsuits against obstetricians and related professionals for often encountered birth trauma injuries and offer practical strategies for handling these cases. The panel will discuss proper pleading and naming the correct defendants, proving or challenging causation and damages, working with expert witnesses to determine the appropriate standard of medical care and treatment, settlement strategies, and more.


Birth trauma is an injury to the child during delivery. Advances in medical technology have significantly reduced preventable injuries. Failing to anticipate--or underestimating--complications, slow responses, unreasonable delays, misuse of medical tools and equipment, and poor after-care can result in devastating and permanent damage. And what's more, failing to understand how the medical evidence is used in litigation can be catastrophic to the pursuit or defense of a claim.

One frequent cause of devastating injuries at birth is insufficient oxygen delivery to the brain, which can lead to severe brain injury resulting in cognitive impairments, cerebral palsy, and other profound, life-altering limitations. Untreated infection or low blood sugar can also cause similar devastating brain injuries. Aside from brain injuries, the delivery itself can lead to damage to the cluster of nerves in the neck that control movement of the shoulder, arm, and wrist leading to permanent impairment in these areas. In other cases, a baby's spinal cord is stretched, which may lead to permanent damage or paralysis.

Medical malpractice attorneys--both plaintiff and defense--must navigate several unique and complicated legal and medical-legal issues from complaint and answer through trial or settlement.

Listen as our experienced panel discusses current trends relating to common birth trauma injuries that give rise to obstetric malpractice claims and strategies for either succeeding or rebuffing those claims.



  1. Evaluating birth trauma claims
  2. Locating all defendants
  3. Proving or challenging causation
  4. Selecting and working with experts
  5. Discovery considerations
  6. Assessing damages
  7. Settling claims


The panel will review these and other key issues:

  • What makes a good (or bad) medical malpractice claim?
  • What are recoverable damages for the child and the parents?
  • What are settlement considerations for the plaintiff and defendant?
  • Is a structured settlement always best?
  • Can Medicaid or other benefits be preserved?


Hakala, Justin
Justin J. Hakala

Plunkett Cooney

Mr. Hakala is a Co-leader of Plunkett Cooney's Medical Litigation Practice Group who focuses his practice in the...  |  Read More

Pope, Geoff
Geoff Pope

Pope & Howard

Mr. Pope’s practice focuses on representing individuals, families and businesses in products liability, medical...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video