Assessment, Review, Negotiation and Handling of Catastrophic Birth Injury Files

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Course Description

This program was recorded on May 22nd, 2018

The course will focus upon the medical legal workup of a catastrophic birth injury and/or maternal death file. Participants will be walked through issue regarding the triage of files, review of the file, including retention of expert witnesses, pretrial, trial and negotiation techniques regarding the same.



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  • Jay Kelley
    Jay, a partner at Elk & Elk since 2011, focuses on civil trial work in state and federal courts in matters of medical negligence and wrongful death arising from birth injury, surgery; oncological, cardiac and pharmaceutical product liability causes. Jay has presented more than 70 cases to jury, including: felony prosecution, criminal defense, civil defense and civil plaintiff cases. He has been lead counsel on cases in more than 30 Ohio counties, appellate courts and the Supreme Court of Ohio. Jay was included in the 22nd and 23rd Edition of The Best Lawyers in America® for Medical Malpractice Law and Personal Injury Litigation.

    Contact Jay Kelley
      • 2 General Credits
      • ProLawCLE will seek approval of any CLE program where the registering attorney is primarily licensed with exceptions stated below. Application is made at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting.

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        AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, and PR.

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      Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.
    1. BIRTH INJURY OVERVIEW
    2. Types of claims
    3. hypoxic ischemic encephalopathy
      1. oxygen related
      2. trauma related
      3. shoulder dystocia
      4. stillbirth
    4. RECORDS ACQUISITION AND REVIEW
      1. Obstetric records
      2. Intrapartum records
      3. Films
      4. Neonatal records
      5. Placental pathology
    5. EXPERT RETENTION
      1. Obstetrics
      2. Nursing
      3. Pediatric neurology
      4. Pediatric neuroradiology
      5. Placental pathology
      6. Life care
      7. Economic
    6. PRETRIAL
      1. Case filing
        1. Statute of limitations
        2. Timing of filing
        3. Naming of parties
      2. Discovery requests
        1. Fetal tracings
        2. Electronic medical record
        3. Policies and protocols
      3. Depositions
        1. Order
        2. Topics
      4. Expert Cross-examination
        1. Background
        2. Literature
        3. Prior testimony
      5. Damages
        1. Life Care
        2. Recovery videos
        3. Use of special needs trust
        4. Utilization of annuities
      6. TRIAL
        1. Order of Witnesses
        2. Presence/Absence of Child
        3. Presentation of Witnesses
        4. Persuasive Damage Arguments
        5. POST SETTLEMENT/VERDICT TOOLS
        6. SPECIAL NEEDS TRUST
        7. ANNUITIES

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