After nine months of waiting, planning and expecting, you hope that your child’s birth is a joyous and memorable experience. Expectant parents never want to consider that something could go devastatingly wrong. Unfortunately, many Canadian parents find that their childbirth experience is memorable for all the wrong reasons. At Birth Injury Guide, our birth injury attorney in Canada understands just how devastating a birth injury can be.
A sudden complication, a doctor missing a red flag or something going wrong during labor and delivery can suddenly overshadow the joy of your child’s birth.
A birth injury can have a long-term or even lifelong impact on your family. During this devastating time, you should know that you are not alone. The birth injury attorney at Birth Injury Guide is here to offer you the support and legal guidance that your family needs to navigate this difficult time.
What is a Birth Injury?
A birth injury is any type of trauma that causes an injury to the baby in the time just before, during or shortly after delivery. Birth injuries may be the result of a variety of factors, including:
- Restricted oxygen or blood flow
- Improper use of forceps or vacuums
- Delay in ordering a Cesarean (c-section)
- Unrecognized maternal or fetal distress
- Undiagnosed maternal infections
- Breech delivery
- Excessive use of force during delivery
- Physical trauma during pregnancy or delivery
Sometimes complications happen during labor and delivery that are outside of the control of the healthcare team. It is important to remember that not every poor outcome constitutes medical malpractice. However, any of the above situations could be the result of a negligent healthcare provider. Doctors, nurses and healthcare staff are required to meet a certain standard of care when caring for patients.
If the actions of a healthcare provider does not meet that standard of care and a patient is harmed as a result, they can be held legally liable for the injury. A birth injury attorney can help you determine if your child’s injury is the result of medical malpractice.
Different Types of Birth Injuries
Any type of birth injury can have a profound impact on the health of the mother and the infant. There are numerous types of birth injuries that may result from complications or the action or inaction of healthcare providers. Examples of the most common birth injuries include:
- Brachial Plexus Injuries
- Brain Damage
- Hypoxic Ischemic Encephalopathy
- Cerebral Palsy
- Erb’s Palsy
- Klumpke’s Palsy
- Shoulder Dystocia
- Fetal Lacerations
- Bone Fractures or Breaks
- Birth Trauma
These are examples of some of the most common birth injuries that result in medical malpractice lawsuits, also called birth injury claims. Any of these birth injuries can be life-altering for the child and his or her family.
Consequences of Birth Injuries
When an infant suffers a birth injury, his or her entire family is affected. Serious birth injuries like brain damage or cerebral palsy often result in serious home and lifestyle modifications. Parents may have to quit their jobs in order to care for their child, or hire full time caregivers. Birth injuries often require ongoing medical care and therapy, which can be difficult to manage logistically and financially.
A newborn who suffers a birth injury may endure the consequences for the rest of his or her life. Children with birth injuries often experience barriers in their development, socialization, education and professional life. Children with birth injuries often experience additional medical conditions and concerns. They may have emotional or cognitive impairments, which affect their relationships and behavior.
These consequences are felt deeply by everyone in the family. When the birth injury is the result of substandard or negligent care, it is even more difficult for families to move forward. No one should have to suffer the consequences of a doctor or nurse who fails to provide quality care that meets accepted standards.
Getting Help After a Birth Injury
For parents, the best thing to do after experiencing a birth injury is to consult with a birth injury attorney who is knowledgeable about medical malpractice laws and processes in Canada. If your child’s injury is the result of a negligent healthcare provider or substandard healthcare, you may have an actionable legal claim.
If your child’s birth injury is the result of medical malpractice, you can take measures to hold the person who is responsible accountable for their negligence. You can do this by filing a birth injury claim. It is important to work with a skilled birth injury attorney, however, as these claims are complex. Even though you and your child are the victims, you have the burden of proving your claim. To do this, you will need to work with an attorney who has knowledge of medical malpractice laws in Canada, as well as the legal process.
Contact a Skilled Birth Injury Attorney
At Birth Injury Guide, we understand that birth injury claims require a great deal of time and attention. We have the knowledge and resources that you need to successfully prove your claim and get justice for your child. We offer every client the benefit of our experience and resources, and we can help you:
- Gather medical records
- Interview witnesses
- Hire and interview experts
- Negotiate with opposing counsel
- Negotiate a settlement if possible
- Take your case to trial if necessary
Most importantly, we are dedicated to helping you protect your legal rights. Our birth injury attorney will fight on your behalf to obtain the compensation that your family needs.
To find out more about how we can help you, contact Birth Injury Guide by calling 1-877-415-6603. You can also request more information by completing our online form. We offer a free case review to every potential client. We are proud to offer services to clients in Canada and the United States.