Birth injury cases are among the most complex medical malpractice claims. Success depends heavily on expert witness testimony that explains complicated medical issues to a jury and proves that healthcare providers failed to meet the standard of care. Understanding the role of expert witnesses helps families know what to expect and why choosing the right attorneys matters.
Why Expert Witnesses Are Essential
Unlike car accidents where a jury can often understand fault without specialized knowledge, medical malpractice cases involve complex medical concepts that require expert explanation. In birth injury cases, expert witnesses help establish:
- What the appropriate standard of care was for the specific situation
- How the healthcare providers deviated from that standard
- Whether the deviation caused the child’s injuries
- What future care the child will need
- What those future needs will cost
Without qualified expert testimony, birth injury cases cannot succeed.
Illinois Certificate of Merit Requirements
Before a medical malpractice lawsuit can even be filed in Illinois, 735 ILCS 5/2-622 requires the plaintiff’s attorney to attach:
- An affidavit stating that the attorney has consulted with a qualified healthcare professional
- That the healthcare professional has determined there is reasonable and meritorious cause for filing the action
- A written report from the healthcare professional explaining the basis for this opinion
The certifying physician must be qualified to give an opinion on the standard of care in the case. This pre-filing requirement ensures that only cases with legitimate medical support proceed to litigation.
Types of Expert Witnesses in Birth Injury Cases
Complex birth injury cases typically require multiple expert witnesses from different specialties:
Obstetric Experts
Obstetricians and maternal-fetal medicine specialists testify about:
- Prenatal care standards
- Labor and delivery management
- Fetal heart rate monitoring interpretation
- When cesarean delivery was indicated
- Proper techniques for difficult deliveries
- Standards for managing obstetric emergencies
Obstetric Nursing Experts
Labor and delivery nurses often play crucial roles in recognizing fetal distress and communicating with physicians. Nursing experts address:
- Fetal monitoring responsibilities
- Documentation requirements
- Communication standards (chain of command)
- Nursing response to abnormal findings
Neonatology Experts
Neonatologists specialize in newborn care and can testify about:
- Resuscitation at birth
- Diagnosis and treatment of HIE
- Therapeutic hypothermia (cooling therapy)
- NICU care standards
- Short-term prognosis after birth injury
Pediatric Neurology Experts
Pediatric neurologists help establish the connection between birth events and brain damage:
- Interpretation of brain imaging (MRI, CT, ultrasound)
- Timing of brain injury
- Mechanism of injury (hypoxia vs. trauma vs. other causes)
- Long-term neurological prognosis
- Relationship between delivery events and current deficits
Neuroradiology Experts
Neuroradiologists specialize in interpreting brain imaging and can pinpoint:
- Location and extent of brain damage
- Patterns suggesting specific injury mechanisms
- Timing of injury based on imaging characteristics
Life Care Planning Experts
Life care planners project lifetime needs for injured children:
- Future medical care needs
- Therapy requirements (PT, OT, speech)
- Assistive devices and equipment
- Home modifications
- Educational services
- Personal care assistance
- Residential care (if needed)
Economic Experts
Economists calculate the financial impact of birth injuries:
- Present value of future medical expenses
- Lost earning capacity
- Value of household services the child cannot perform
- Impact of inflation on future costs
What Experts Must Prove: The Four Elements
Expert testimony must address all four elements of medical malpractice:
1. Duty of Care
Experts establish that the healthcare providers had a professional relationship with the patient and owed a duty to provide care meeting accepted medical standards.
2. Standard of Care
Experts must define what a reasonably competent healthcare provider in the same specialty would have done under similar circumstances. This includes explaining:
- Professional guidelines and protocols (ACOG, AWHONN, AAP)
- Hospital policies and procedures
- Accepted practices in the medical community
- What should have been done and when
3. Breach of Standard of Care
Experts must identify specific failures—what the providers did wrong or failed to do. Examples include:
- Failed to recognize concerning fetal heart patterns
- Delayed notifying the physician of distress
- Delayed emergency cesarean delivery
- Used excessive force during delivery
- Failed to perform proper shoulder dystocia maneuvers
- Failed to provide therapeutic hypothermia within 6 hours
4. Causation
Perhaps the most critical element: experts must prove that the breach caused the injury. This means establishing:
- The child’s condition resulted from birth events (not prenatal factors or genetics)
- Proper care would have prevented or reduced the injury
- The timing of injury corresponds to the negligent acts
Defense attorneys often argue that injuries were unavoidable or resulted from pre-existing conditions. Strong causation testimony is essential to counter these defenses.
Qualifications of Expert Witnesses
Illinois requires expert witnesses in medical malpractice cases to meet specific qualifications. Generally, the expert must:
- Be a licensed physician or healthcare professional
- Have knowledge of the relevant standard of care
- Be familiar with practices in the same specialty as the defendant
- Have relevant clinical experience
The best experts combine academic credentials with active clinical practice. They can speak from real-world experience about what should have been done.
How Defense Experts Counter Plaintiff’s Case
Defense attorneys hire their own expert witnesses who typically argue:
- The standard of care was met
- The outcome was unavoidable despite appropriate care
- The injury occurred before labor (prenatal causes)
- Genetic or congenital factors caused the condition
- The providers’ actions didn’t cause the injury
Strong plaintiff’s experts must anticipate and counter these arguments with compelling evidence and reasoning.
The Expert’s Role at Trial
Expert witnesses don’t just write reports—they testify at depositions and trial. Effective experts:
- Explain complex medical concepts in terms juries understand
- Use demonstrative exhibits (animations, diagrams, timelines)
- Remain calm and credible under cross-examination
- Connect with jurors on a human level
- Clearly explain why the outcome could have been different
Why Attorney Selection Matters
Finding and retaining qualified expert witnesses requires:
- Relationships with experts – Experienced birth injury attorneys have networks of qualified specialists
- Financial resources – Expert witnesses are expensive; firms must invest significantly before any recovery
- Medical knowledge – Attorneys must understand medicine to select appropriate experts and present their testimony effectively
- Trial experience – Knowing how to present expert testimony persuasively to juries
Contact Phillips Law Offices
At Phillips Law Offices, we work with leading medical experts across specialties to build the strongest possible birth injury cases. Our relationships with obstetric, neurological, and pediatric experts allow us to thoroughly investigate claims and present compelling evidence of negligence.
Call Phillips Law Offices at (312) 598-0917 for a free consultation. We handle birth injury cases on contingency and advance all expert witness costs—you pay nothing unless we recover compensation for your family.