United Brachial Plexus Network, Inc.

There is a video from ACOG that is used to teach physicians what to do if shoulder dystoica is encountered. The video demonstrates the McRoberts and other manuevers. I have used that video in the past at trial in cases where the ob/gyn has not performed a McRoberts or other maneuvers. That is very different from showing a video of one birth to prove what happened in another. I assure you based upon 23 years of trial experience that you cannot show video of an unrelated birth to establish what happened in the birth that is the subject of the trial. There may be some very limited probative value in another video. For example, if an expert had video of how to properly perform certain maneuvers and wanted to show the video at the trial of another case to demonstrate how to do them correctly, I could see that being admissable for a limited purpose, but that is an extreme example.

I realize this can be confusing, but it is good for you to understand how the process actually works as you go through it.

Ken Levine
Klevine@Klevinelaw.com
617-566-2700