The Legal Briefs feature is based on actual malpractice cases with opinions of the plaintiff and defense physician experts interspersed throughout the case. The format of this feature does not provide evidence that supports or refutes each of these opinions.

A 3,350-g, 38-week-gestation Asian female infant is delivered via vacuum-assisted delivery. Her Apgar scores were 3 and 8 at 1 and 5 minutes, respectively. Her physical examination findings were normal. A 4% weight loss was found at 25 hours, which was 12 hours before discharge. She was not weighed again. She was exclusively breastfed and discharged at 37 hours. The plaintiff neonatologist pointed out that tracking an infant’s weight provides a useful assessment of adequacy of breast milk intake and that a loss greater than 3% at 24 hours should have prompted an evaluation; the plaintiff discussed that at a minimum, the infant should have had a repeat...

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