MEDICAL MALPRACTICE

Your Child’s Birth Injury Claim – We Can Help

Birth injuries are traumatic. In catastrophic cases, the infant may suffer brain injury and paralysis (including other complications associated with cerebral palsy) and other adverse outcomes. Some injured infants are never able to live independently and require lifelong treatments, care and support. One cause of birth injury is medical malpractice. If your child has suffered a birth injury, your family may be entitled to substantial legal compensation. A malpractice claim for birth injury can be established if the negligence of an obstetrician, surgeon, medical doctor, nurse, midwife or hospital personnel has caused or contributed to harm suffered by either or both the mother or baby.


What can be claimed?

Depending upon the case, damages can include pain and suffering and loss of enjoyment of life; the cost or value of providing life-long care, assistance and supervision; therapy, other treatments and treatment related expense; housing modification; assistive devices including specialized braces, feeding aids, wheelchairs, learning and communication devices; and loss of future earnings.


Types of Birth Injury Malpractice

Malpractice may occur during prenatal care, labour and delivery or post-natal care. Examples of medical malpractice causing a birth injury include:

  • Negligence in monitoring the health of the mother during pregnancy
  • Negligence in monitoring the health of the fetus during pregnancy
  • Negligence in managing miscarriage
  • Negligence in determining if there are any potential delivery complications due to:
    • Position of fetus prior to onset of labour
    • Fetal health and distress during labour and delivery
    • Maternal health and distress during labour and delivery
  • Negligent failure by midwife to refer for medical care and hospitalization before onset of deliver or during labour
  • Failure to determine if natural delivery unsafe and arrange caesarian section where indicated
  • Negligence in monitoring progress of delivery and failure to properly monitor for
    • Fetal distress
    • Maternal distress
  • Negligence relating to administration of analgesia / anesthetic
  • Inappropriate or premature use of forceps or vacuum extraction
  • Failure to anticipate or detect obstetric emergency
  • Failure to follow hospital or other protocols in event of obstetric emergency
  • Failure to use reasonable care in managing obstetrical emergency
  • Failure to consult or seek intervention of an obstetrician or surgeon
  • Defective equipment in case room


What Makes a Birth Malpractice Claim Different?

Pregnancy, labour and delivery malpractice can harm either or both the mother and the baby. The consequences of a birth injury can be catastrophic, lifelong and impose a substantial burden on parents. A number of expert witnesses are required to prove a birth injury case including: medical experts; experts on ancillary treatment and therapy, assistive devices; experts on value and cost of long-term care and other expenses and loss of future earnings.


What We Offer

We work hard to pursue full compensation for birth injuries caused by provable medical practice. Extensive medical, hospital and other records must be reviewed. We consult with experts. Your family receives good advice, preparation and representation throughout the litigation process.


These claims are challenging. The best time to speak with a lawyer is now. Call Aylward, Chislett & Whitten at 709-726-6000 to discuss your family’s claim and how we can help. There is no charge for an initial consultation. At our discretion, cases are accepted on a contingency fee basis. A contingency fee for legal services is payable only if you receive compensation for the birth injury. If you do not collect there is no legal fee.


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