Brain-damaged is used in a manner that implies that the doctor, nurse, or hospital was responsible for the neurological deficits of the baby. It is important not to concede that the brain was damaged but rather to point out that there may be neurological impairment, if indeed there is, and to state that it has not been proven that there was any damage to the baby's brain in the perinatal period. It is important to explain that frequently neurological impairment is a result of development anomalies. Please heed this warning about the terms used against you and search diligently for other words that could reduce the fairness in a trial. When you find a word you suspect as inappropriate, get the reaction of colleagues and discuss it with your defense attorney.
Eternal vigilance is no less important in the courtroom than it is for the preservation of liberty.
This article on professional liability was generated through the efforts of the Committee on Professional Liability of the ACS Board of Regents. Members of the committee believe that this and other articles published in the Bulletin should stimulate thought and possible action on a wider spectrum of issues related to professional liability. The Medical Risk Manager Company, Metairie, LA, and a current member of the ACS Board of Regents' Committee on Professional Liability.