The frequency of litigation related to alleged medical malpractice is incre
asing in Canada. For the neurologist, involvement in such litigation most o
ften takes place in the context of acting as an expert witness and, for the
pediatric neurologist, the most common clinical situation for which expert
ise is requested is that of possible perinatal asphyxia. The medical expert
's primary role is to provide necessary guidance and assistance to the cour
t, which may permit the rendering of decisions that are scientifically vali
d. This article will review the attributes of the medical expert witness. A
spects of perinatal asphyxia cases under litigation that commonly require t
he assistance of pediatric neurology expertise such as etiology, timing, ex
tent of disability and life expectancy will also be reviewed in detail. The
aim is to provide for the neurologist a clearer understanding of the respo
nsibilities inherent in this increasing professional role.