Whitby Birth Injury Lawyer
Injuries sustained due to the negligence of a medical professional do not always manifest themselves right away, as certain forms of trauma may only emerge weeks, months, or even years after the birth occurs. But often the cause of such injuries are avoidable and was either created or made worse by the action or inaction of the professionals at the hospital where you gave birth.
If your child exhibits signs of a birth-related injury, a birth injury lawyer serving Whitby may be able to fight on your behalf for financial damages if another party is found to be at fault. Call our team at Preszler Injury Lawyers today at 1-800-JUSTICE for a free initial consultation.
Birth Injuries Take Many Forms, and Manifest at Different Times
Not only do birth injuries become apparent at different times for each victim, but they do not all look the same, either. Some common injuries associated with the birthing process can include:
- Fractured clavicle or collarbone
- Cranial bleeding
- Bruising and/or swelling of the head
- Broken blood vessels in the eye
- Nerve injury, especially those that supply sensation to the arms and hands
- Pressure-induced nerve injury in the face
- Spasticity (abnormally stiff or rigid muscles)
- Skin irritation
- Meconium aspiration
These are just some of the injuries that may occur in the child as a result of medical malpractice at their birth. Injuries may also contribute to more serious conditions including but not limited to:
- Cerebral palsy
- Erb’s palsy
If your child was diagnosed with a condition that you suspect may have developed due to injuries suffered at birth, a medical institution and/or practitioner may be responsible for those injuries. A birth injury lawyer serving Whitby may be able to help you present a legal case in pursuit of any damages to which you may be entitled.
Potential Causes of Birth Injury
A birth injury may arise from an action or lack thereof during the labour process. Some of the causes that may be preventable include:
- Delayed Cesarean section delivery
- Improperly executed breech birth delivery
- Improperly diagnosed or treated placental abruption
- Improperly diagnosed or treated shoulder dystocia
- Any action that caused or contributed to fetal distress
There are more general conditions that often contribute to birth injury, and for which a doctor and/or medical facility may be liable. These include:
- An extended and/or abnormally difficult labour process
- Failure to act quickly in abnormal birth circumstances, such as when a C-section or other procedures are required
- Misdiagnosis of any conditions that could impact the pregnancy/birth
- Failure to diagnose and treat any potentially pregnancy-affecting conditions
- Failure to properly monitor the fetus, including its vital signs and the status of the umbilical cord
These circumstances are unfortunately not uncommon and all medical professionals whose shortcomings contribute to birth injuries should be held liable. If your child has experienced a birth injury due to these or any other condition, a birth injury lawyer serving Whitby wants to help. Call our team at Preszler Injury Lawyers today at 1-800-JUSTICE for a free initial consultation.
Working With a Whitby Birth Injury Lawyer
If you suspect that your child’s injuries resulted from the care given, or not given, by a medical professional before or during the birth process, a birth injury lawyer can advise you as to your legal options for pursuing damages. Our team at Preszler Injury Lawyers may be able to:
- Meet with you to determine how your child was injured
- Reveal all available medical documentation of your pre-labour care and the birth for any indications of how the injuries may have occurred
- Where possible, interview the medical professionals who oversaw your birth and document their accounts for use at trial
- Obtain testimony from your current medical providers to document their opinions that your child’s injury may have been caused at their birth, and due to the actions of their medical team
- Initiate legal proceedings and all filings necessary to pursue financial damages
- Handle the legal aspects of your case from start to finish
- Protect your rights throughout the entirety of the legal process
If we find that negligence may have contributed to your child’s birth injury, we will set out to hold the negligent party liable.
Proving Negligence in a Birth-Related Injury Case
All medical professionals have a duty of care to a pregnant mother before, during, and after she has given birth, so long as she is in that professional’s care. That duty of care is “the responsibility or legal obligation of a person or organization to avoid acts or omissions that could likely cause harm to others” and extends to your child.
By working with our Whitby birth injury lawyers, you may be able to prove that the defendant:
- Had a duty of care to you and your child
That is, that they were in a position of power where their actions and choices could materially impact the health and wellness of you and your child.
- That the defendant breached their duty of care to you and your child
Whether it was failing to properly screen you for preexisting conditions or take action promptly when something appeared wrong during labour, this breach could take a number of different forms.
- Contributed to or caused injury to your child through their actions or inaction.
We may be able to use testimony from your existing medical caregivers while attempting to show that controllable birth conditions contributed to your child’s current injury.
- Owes you damages due to their breach of duty of care
If you are entitled to damages, we may be able to present the court with an evidence-based calculation of the losses you and/or your child has incurred from the birth-related injury.
Do Not Delay in Contacting a Birth Injury Lawyer Serving Whitby
You may be entitled to damages covering medical expenses and other losses related to your child’s injury, such as home care and/or loss of opportunity stemming from error before or during the labour process. You may also be subject to a statute of limitations that limits your ability to bring legal action under the Ontario Limitations Act, so do not wait.
Call our team at Preszler Injury Lawyers today at 1-800-JUSTICE for a free initial consultation.