Summary
The editorial "The science of malpractice" (July 25) criticizes Sen. John Edwards as using "dubious" science to win malpractice cases for children with cerebral palsy. The Times points out that in addition to deprivation of oxygen as a cause of the brain damage known as cerebral palsy, there are many other known causes. The editorial complains that "[t]he trial lawyer carefully screened potential plaintiffs."
Mr. Edwards did what every competent trial lawyer does in screening malpractice cases before filing suit. It is well known in medical science that persistent and substantial deprivation of oxygen for a substantial time during labor and delivery can, indeed, cause brain damage to the fetus that can result in cerebral palsy. Cord blood testing shows when the fetus's blood supply has become acidotic and deprived of oxygen, a state that, when severe, correlates nicely with brain damage or cerebral palsy.See the full content of this document
Extract
Edwards and Malpractice
The competent trial lawyer knows that there are many other known causes of cerebral palsy and must carefully screen the cases to make sure that sustained substantial oxygen deprivation has caused the brain damage, rather than something else. The obstetric profession has dev...
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