Belleville Birth Injury Lawyer
No parent is expecting complications during pregnancy or their child’s birth. Unfortunately, these problems sometimes happen, resulting in an injury to a newborn.
Some of these injuries are temporary in nature, and some are permanent.
A birth injury lawyer serving Belleville may be an important advocate on your side when negotiating with insurance companies. At Preszler Injury Lawyers, we are ready to stand by your side. Call us today at 1-800-JUSTICE for a free consultation.
Understanding Negligence
If medical personnel behaved negligently during the birth of your child or your pregnancy, you may be able to make a claim for compensation.
Some types of birth injuries that may occur because of negligence on the part of a doctor include:
- Brain damage
- Hypoxia
- Breech delivery
- Fetal distress
- Placental abruption
- Erb’s palsy
- Cerebral palsy
- Klumpke’s palsy
Injuries other than what we have listed here may have occurred in your case which you may also be compensated for. It is also possible that the negligence of the doctor contributed to an injury for the birth mother.
How Birth Injuries Occur
Some birth injuries are not preventable. Other times, the doctor may have misdiagnosed the situation or may have missed signs of a potential problem, resulting in a devastating injury.
For example, when a baby does not receive enough oxygen during the delivery process, cerebral palsy may occur. This is a situation the doctor should be able to prevent through the normal course of care during the birthing process. If they are unable to prevent it, they should be able to remedy it by taking specific actions.
Other potentially dangerous situations the doctor may be able to anticipate during a pregnancy or during the birthing process include:
- Prolonged labour
- Excessively difficult labour
- Signs of distress in the baby prior to birth
- Misdiagnosis of conditions during pregnancy
- Failure to test for conditions during pregnancy
- Delaying a cesarean section
- Problems with applying an epidural
You may have suffered from issues other than what we have listed here during the pregnancy or birth.
Some situations even result in death. Of the approximately 375,000 births in Canada in 2018, more than 3,000 resulted in a stillbirth, according to Statistics Canada.
Contact Us Today
To learn more about your options in a case like this, contact a birth injury lawyer serving Belleville from Preszler Injury Lawyers. We may be able to recover a fair settlement on your behalf. Call us today at 1-800-JUSTICE.
Long-Term Injuries
Complications during the birthing process may lead to long-term injuries for the baby. The infant could need a lifetime of specialized care. If you are eligible to receive compensation for the injuries, you deserve to receive a financial settlement that may cover the medical care the child requires now and in the future.
Any settlement with an insurance company should also take into account the emotional trauma these injuries have caused your baby and your family.
Investigating Your Case
If you hire us, a birth injury lawyer may begin investigating the details of your case immediately. We may look at a variety of things that occurred during the birth and pregnancy. Some of the items we may study include:
- A birth process where the use of assistive birthing devices may have caused an unnecessary injury.
- Hospital records where mistakes may be recorded.
- Medical records where a doctor’s misdiagnosis or failure to perform necessary tests may be revealed.
- Interviewing witnesses where mistakes may be found, or where inconsistencies in the testimony of the medical personnel may be found.
Through all of this information, we may be able to reconstruct a timeline of the events during the pregnancy and birth. This allows us to spot inconsistencies that may point to potential mistakes.
Determining If Negligence Occurred
Through our collection of the facts in the case, a birth injury lawyer serving Belleville may be able to determine whether negligence occurred that could lead to a medical malpractice case.
A finding of negligence strengthens your case. Negligence could occur if medical personnel took action or failed to take action that led to the injury in the birthing process. Negligence does not have to involve a purposeful act.
Each case is unique. But in general, medical personnel are expected to assess the mother and baby for a variety of potential medical issue risk factors. Failure to check for things like gestational diabetes risk, premature birth risk, risk of cephalo-pelvic disproportion, and other items could result in a finding of negligence.
During the birthing process, hospital staff should constantly monitor the mother and baby for signs of problems. They must communicate effectively in the delivery room to provide the highest level of care.
Finding of Negligence
Some of the people involved in the care of the mother and the baby who could be found negligent in the case include:
- A primary care physician
- An obstetrician-gynecologist (OB-GYN)
- A midwife
- Obstetric nurses
- Other nurses
- A pharmacist
- An anesthesiologist
Hospital staff members other than those we have listed may have been involved in the injury to the baby or the mother.
Let Us Protect Your and Your Child’s Rights
If you are eligible to receive compensation in your case, we are ready to represent your interests with the doctor’s insurance company. If the case goes to trial, we may be able to stand by your side there too.
As a birth injury lawyer serving Belleville, Preszler Injury Lawyers is ready to fight for you and your baby. We work on a contingency fee basis, so we are not paid until the case reaches a settlement. Call us today at 1-800-JUSTICE.