By Kelly Wilbur, Esq.

We are often asked by prospective pediatrician expert witnesses if there is work out there in their field given that it is a relatively low risk specialty.  We are also often asked to give examples of the types of cases a pediatrician expert witness might be called upon to serve as an expert witness.  Below are 33 sample cases where a pediatrician would be needed as an expert witness.

Examples of Cases Where Pediatricians Serve as an Expert Witness

  • Malpractice Pediatric Standard of Care  – Failure to diagnose testicular torsion in adolescent boy.
  • Malpractice Pediatric Standard of Care  – Failure to diagnose syncytial virus leading to death in toddler.
  • Malpractice Pediatric Standard of Care  – Cardiac arrest and death few weeks after presenting to pediatrician with complaint of fatigue when exercising.
  • Malpractice Pediatric Standard of Care  – Failure to diagnose foreign body in intestines.
  • Criminal Prosecution – Child abuse investigation after healed broken bones found on siblings.
  • Malpractice Pediatric Standard of Care  – Failure to diagnose and treat head deformity.
  • Criminal Prosecution Child AbuseBurned child accidental or intentional?
  • Custody Dispute – Accusation of Munchausen.
  • Physician Licensing Issue – Accusation of failing to report suspected sexual abuse of a child.
  • Wrongful Death of Newborn– Care giver accused.
  • Malpractice Pediatric Standard of Care  – Accusation of mismanagement of post-delivery care of a newborn.
  • Criminal Prosecution – child sexual assault.
  • Criminal Prosecution – death of a toddler after blunt trauma to abdomen.
  • Medical Malpractice – Life Care Plan for child who suffered birth brain injury.
  • Civil Negligence – Did a sanitation failure in a dwelling make two sibling sick?
  • Criminal Prosecution for Child Abuse – Multiple injuries on newborn, where they accidental or intentional?
  • Criminal Prosecution for Child Abusehead injury.
  • Criminal Prosecution for Child Abuse – multiple injuries on a child – causation and timing.
  • Malpractice Pediatric Standard of Care  – failure to diagnose an imperforate anus before discharge from hospital following birth.
  • Malpractice Pediatric Standard of Care  – Child was experiencing symptoms of stroke.
  • Criminal Prosecution for Child Abuse – timing an etiology of bruising.
  • Criminal Prosecution for Child Abuse – analysis of marks on skin.
  • Malpractice Pediatric Standard of Care  – Child on O2 in hospital, O2 not provided for several minutes.
  • Criminal Prosecution for Child Abuse – Cause of leg injuries.
  • Criminal Prosecution for Child Abuse – Consistency/inconsistency of red marks on skin with child abuse.
  • Custody – Termination of parental rights due to alleged shaken baby syndrome.
  • Criminal Prosecution for Child Abuse – analysis of bruising.
  • Criminal Prosecution for Child Abusescratching child with hands.
  • Child Abuse – Behavioral issues caused by autism.
  • Malpractice Pediatric Standard of Care  – stroke in toddler.
  • Criminal Prosecution for Child Abusescolding hands with water.
  • Americans With Disabilities Act – Reasonable accommodation for autism.
  • Malpractice Pediatric Standard of Care  – Alleged breach in NICU.

As can be seen from the above table, there are numerous opportunities for pediatricians to serve as expert witnesses.  Case assignments can include medical malpractice, life care planning, criminal child abuse, ADA, professional licensing, civil negligence causation, and custody disputes.   Expert witness work for pediatricians pays extremely well and can be very interesting.

To find out more about become an expert witness please visit www.testifyingtraining.com

About the Author

Kelly J. Wilbur, Esq., is a Trainer and Consultant for SEAK, Inc – The Expert Witness Training Company. She in on the faculty for SEAK’s signature “How to Start, Build, and Run a Successful Expert Witness Practice” seminar and has been retained by numerous expert witnesses to expand and grow their practices. Phone:  617-791-6802 Email:  kelly@seak.com www.seak.com www.seakexperts.com