A Guide of the Basics of Placental Pathology for Plaintiff and Defense Counsels to Conquer Malpractice Claims

MICROPHONE Carolyn M. Salafia, MD, Placental Pathologist, Placental Analytics, LLC

Paul Casi, II, Shareholder, Paul A. Casi, II PC

Challenges involving placental pathology have become more prevalent in obstetrical malpractice birth injury cases. For that reason, a thorough understanding of the legal strategies and limitations of placental pathology is key. Join us as we dive into core concepts and strategies to make your case stronger.

• Understanding the basics of placental pathology

• Assessing mechanisms of intrauterine infection and its effect on the fetus/baby

• Recognizing infection

» Markers of intrauterine infection, stress, and inflammation

• Clinical vs. histological chorioamnionitis

» When can histological chorioamnionitis cause injury in premature and full-term babies?

» Determining whether a jury accepts histological chorioamnionitis an alternative causation theory

• Identifying and analyzing the different types of imaging and scans and what they mean

• Determining if COVID-19 will cause damage to the placenta if a mother tests positive

• Discussing state of the art of placental pathology cases

» Devising strategies to overcome anticipated defenses

» Analyzing key literature on chorioamnionitis and understanding how it affects the state of these defenses

» Determining the impact of placental pathology on an obstetrical malpractice case

• Understanding what to do when reports give false information

» Who is held liable for it?

» Is the technology up-to-date enough to make proper diagnosis at early stages

12:00pm – 1:00pm Light Lunch and Networking Break

WORKSHOP B: 1:00pm – 4:00pm (Registration starts at 12:30pm)

Selection and Preparation of Expert/Fact Witnesses for Testimony and Identifying Best Practice Trial Procedures That Can Help You Get the Verdict You Want

MICROPHONE Bryan Edelman, Ph.D., Co-founder, Trial Innovations

Brant Poling, Founding Partner, Poling Law

The testimony of expert witnesses in obstetric malpractice litigation is critical to the case’s outcome. The expert’s knowledge, demeanor, as well as their ability to communicate with jurors is pivotal to your case at hand. In this working group, our faculty will examine the best strategies – for both plaintiff and defense counsel - to employ when evaluating, selecting, and preparing expert witnesses. Join us as they provide guidance on how to find and select the best expert for your case and identify critical mistakes that defense and plaintiff attorney’s make in the preparation process.

• Appreciating the expert’s role in an obstetrics’ case from the viewpoint of both the plaintiff and the defendant

• Identifying knowledge deficits of fact witnesses and experts with respect to definitions, polices, procedures and protocols

• Identifying and selecting the right expert for an obstetric case and suggested ways of arriving at that decision

» What is the recommended experience for an expert?

» What they should or should not rely upon in testifying?

» What are the bases for their opinions?

» What to look for in an expert during the selection process?

• Exploring the preparation process

» Letters/meetings-what, when and for how long?

» Best strategies for addressing difficult parts of the case with experts/ fact witnesses

» Addressing key questions and answers

» Best strategies to employ on a redirect-benefits/detriments

» Benefits of knowing your opponent’s techniques and strategies

» Analyzing the difference in preparation between remote witnesses and in person witnesses

• Identifying major problems with plaintiff/defendant expert witness’ preparation

• Dealing with experts who don’t want to be prepped as they are “experts” at being expert witnesses

• Assessing expert opinions and the “reasonable degree of probability or medical certainty” tests

» How is reasonable degree of probability or medical certainty defined?

» What are the best ways for experts to support their opinions?

» Identifying consequences and concerns when experts fail to follow legal principles/strategy

» How to prepare one’s expert for cross examination if state law is unclear as to admissibility?