Oshawa Birth Injury Lawyer
Seeking compensation for a birth injury suffered by your child can be challenging. Birth injuries claims are one of the most complex areas of Canadian medical malpractice law. If your child suffered a birth injury due to medical malpractice in Oshawa, you are probably concerned about meeting the long-term financial needs of a child with a disability.
Our Birth Injury Lawyers Can Help
At Preszler Injury Lawyers, our team of skilled birth injury lawyers understands the emotional, physical, and financial ramifications of coping with a birth injury caused by medical negligence. We work closely with Ontario families affected by birth injuries to seek as much compensation as possible. To schedule your free initial consultation, contact the Toronto birth injury lawyers at Preszler Injury Lawyers.
What are the Common Causes of Birth Injuries Resulting from Medical Malpractice?
A birth injury is an umbrella phrase that refers to the many types of birth injuries that can occur while a woman is pregnant, delivering the baby, or after birth. In many instances, birth injuries negatively affect the baby’s brain. When a medical provider’s negligence causes the birth injury of a baby, the parents may be entitled to compensation under Ontario law. There are many different kinds of brain injuries, ranging in severity as to how they affect the injured baby.
Hypoxic Ischemic Encephalopathy
Brain injuries are some of the most common birth injuries. A newborn’s brain can become injured before birth, during the delivery, and in some cases, after birth. According to Children’s Hospital in London, Ontario, Hypoxic Ischemic Encephalopathy (HIE) can result when the baby’s oxygen supply becomes cut off or impaired. When the umbilical cord becomes wrapped around the baby’s neck, HEI can result. Newborns affected by HEI can experience long-term behavioral and developmental challenges. The severity and location of the HEI damage within the brain depend on the location of the affected tissue in the brain.
Brain Damage from Forceps or a Vacuum
In some instances, a doctor negligently or recklessly uses forceps or a vacuum to deliver the baby. If the doctor uses more force than necessary or waits too long to use the forceps or vacuum, brain damage could occur. Developmental and behavioral delays can be linked to the use of forceps or a vacuum and range in severity from mild to extremely debilitating.
Cerebral palsy is one of the most common medical conditions resulting from brain damage before or during birth. Neurologic injury can result in cerebral palsy when oxygenation of the brain is cut off. Cerebral palsy can result from all of the following situations:
- Compression of the neck by the umbilical cord
- Excessive uterine activity
- Impaired blood flow
- Brain bleeds
- Extreme prematurity
- Rupture of the uterus
Cerebral palsy can range in the way it affects the baby long-term. Severe cerebral palsy can cause an individual to become completely dependent for his or her basic needs. Some individuals with severe cerebral palsy require full time, 24-hour care.
Brachial Plexus Injury
Brachial plexus injury, also known as shoulder dystocia, occurs when nerves are stretched or detached. When a doctor negligently delivers a child, the child may become stuck due to a shoulder blocking him from passing through the birth canal. In some cases, the injury is temporary and does not cause long term damage. In other cases, the baby might lose some or all function in the affected arm and shoulder.
Meconium Aspiration Syndrome
Meconium aspiration syndrome can occur when a fetus has a bowel movement during delivery or in neuro and the waste gets into the blood or lungs of the baby. Infants can aspirate on meconium during birth, making breathing difficult or impossible. Meconium Aspiration Syndrome can result in respiratory problems, brain injury, and potential death.
According to SickKids Toronto, meconium aspiration syndrome can also result in an air leak or pneumothorax, persistent pulmonary hypertension, and difficulty breathing resulting in a blue discoloration around the mouth and lips. While doctors cannot always prevent meconium aspiration syndrome, they have a duty of care to act reasonably when treating meconium aspiration after it happens.
Doctors should suction the infant’s nose, mouth, and throat to remove the meconium. They may need to insert a tube to remove any meconium that passed into the lungs or throat. In severe cases, they may need to place the infant on a ventilator or nasal cannula to help him or her receive oxygen. Doctors who use reasonable care can help reduce the chances of the baby suffering a birth injury or a long-term health issue like cerebral palsy.
Negligent Resuscitation of a Newborn
Most of the time, deliveries go smoothly and both mother and baby are healthy after birth. In other instances, a baby may exit the birth canal and fail to start breathing on his or her own. When babies suffer respiratory distress, it is imperative that doctors act quickly and reasonably to alleviate their distress. If doctors do not respond quickly, oftentimes within a minute after birth, devastating brain injury can result.
In every birth, at least one medical professional should be focused on making sure that the baby is breathing after delivery. The staff should have oxygen readily available in the event that the baby is in respiratory distress upon delivery. Once it becomes evident that the baby is not breathing, a doctor or other trained professional should immediately perform a complete resuscitation, which could include endotracheal intubation.
Call an Oshawa Birth Injury Lawyer Today
If the negligence of a doctor or other medical professional caused your child’s birth injury, you may be entitled to compensation. Parents who are facing complications from Oshawa birth injuries are often scared about how they will pay for the long term care of their child. Trying to seek compensation can be overwhelming while attempting to help your child heal.
You do not need to fight for your child alone. The skilled birth injury lawyers at Preszler Injury Lawyers understand how to successfully pursue compensation for your child’s injuries. To schedule a free legal consultation with a birth injury lawyer in Toronto, contact our law firm today.