The Role of the Pediatric Pathologist as Expert Witness in a Case of Neonatal Death

Abstract

The pediatric pathology literature has given scant attention to expert testimony by physicians in medical malpractice actions that involve infants and children. We report the case of a neonate who died after a brief clinical course characterized by intermittent respiratory distress. The prosecting pathologist's erroneous postmortem diagnoses prompted the infant's mother to sue the attending physician for malpractice. During the course of the litigation, it became clear that the pathologist's testimony was evasive and misleading. After deliberating briefly, the jury ruled in favor of the defendant. Had the plaintiff's attorney obtained a 2nd opinion from another pathologist, preferably a pediatric pathologist, the legal proceedings in this case may have been avoided, thereby averting needless distress for both the plaintiff and defendant, aside from the costs involved. We discuss U.S. Supreme Court rulings pertaining to medical expert testimony and identify remedies to increase just outcomes in cases of medical malpractice.