Medical malpractice is a serious issue that can affect even Canada’s youngest citizens. Babies are born every day, so it is assumed that giving birth is a relatively easy process. It is not, unfortunately. Each pregnancy is different, and issues such as large babies, mothers with small pelvises, and fetal distress can make labor and delivery a complicated process.
Even developed countries like Canada see high rates of birth injuries. In 2017, the lack of oxygen during labor and delivery led to 50 deaths. Labor and delivery complications caused 39 deaths that same year.
A birth injury can be anything from a bruise to a lifelong condition to death. Some issues resolve themselves within a few days. Some cause physical and mental delays that affect a child for life. Some babies have motor issues such as cerebral palsy. Some children require 24/7 care for the rest of their lives.
Parents have many hopes and dreams for their children. A birth injury can turn their world upside down. Having to take care of their child for the rest of their lives can be frustrating. It can also be costly. Some injuries, particularly brain and spinal cord issues, can cost millions of dollars.
How will you pay for your child’s medical care? Through a medical malpractice lawsuit. The birth injury lawyers at Preszler Law Firm can assess your case and guide you through this process.
Preszler Law Firm has 60 years of experience helping personal injury victims like yourself recover compensation for damages caused by another person’s negligence. Schedule a free consultation and we can answer your questions and address your concerns.
We work on a contingency basis, which means you pay only if you win. If you lose, you do not owe us anything. We have helped thousands of people seek justice. We can help you as well. Contact us today at 1-800-JUSTICE to learn more.
Our birth injury lawyers can meet with you in Belleville for a free initial consultation. Call (416) 364-2000
Proving Medical Malpractice
Just because your baby was injured or became sick during labor and delivery does not necessarily mean your doctor was negligent. Sometimes complications can arise during pregnancy. Many babies are born with birth defects that occur due to the mother’s lifestyle or genetics. Your doctor cannot be held accountable for these types of issues.
To prove that your doctor committed medical malpractice, the following elements must be proven in your claim:
- There is a doctor-patient relationship. This is pretty obvious, but you must actually be the doctor’s patient. You cannot sue a random doctor you saw giving advice on a TV show.
- The doctor was negligent. Negligence means that the doctor acted outside the accepted standard of care, which can vary based on location and type of medical issue. An expert witness can prove this. An unexpected outcome is not the same thing as negligence since every medical procedure comes with risks.
- The negligence led to harm. There must be a correlation between the doctor’s negligence and the resulting injury or death. In these cases, expert witnesses are crucial to prove the facts.
- The injury caused significant damages. A lawyer will not take on a case where the injuries are minor, especially since expensive expert witnesses have to be involved. Are you looking at hundreds of thousands of dollars in medical treatment? Are you now unable to work? The more serious the injury, the better the chance of winning the case.
Belleville Birth Injury Lawyer Near Me (416) 364-2000
Types of Birth Injuries
A baby can suffer from many types of birth injuries, such as the following:
- Cerebral palsy. This is a disorder that affects movement, posture or muscle tone.
- Brachial plexus. This injury occurs when the nerves that send signals from your spinal cord to your hand, arm and shoulder, arm and hand are compressed, stretched or torn.
- Fractures. A birth injury can cause broken bones in the skull or shoulders.
- Skull injuries. If a doctor uses too much pressure during labor or delivery, the baby could suffer injuries to the skull.
- Hypoxia. This refers to a lack of oxygen in the body.
- Facial paralysis. This is when nerve damage causes a loss of facial movement.
- Shoulder dystocia. This occurs when one or both shoulders of the baby are stuck inside the mother’s pelvis.
- Cephalohematoma. This is a hematoma that occurs underneath the skin, in the infant’s skull bone. It causes pooling of blood.
- Caput succedaneum. This refers to swelling in the infant’s scalp, often appearing as a lump or bump.
What Causes Birth Injuries?
Birth injuries can happen in the following situations:
- The baby is too large. A baby weighing more than 8 pounds, 13 ounces is considered large. It may even be too big to fit through the birth canal.
- The baby is not positioned properly. The ideal position for a baby to be born is head-first in the birth canal. When the baby is presenting feet or buttocks first, it is considered to be in a breech position. In these cases, labor and delivery can be complicated.
- The mother has a pelvis or birth canal that is the wrong size or shape. If the pelvis is too small or tilted, getting the baby out will be a tight squeeze. In many cases, a vaginal birth may be impossible, requiring a C-section.
- Labor is very long. When contractions are not strong enough, the mother can be in labor for many hours. This can cause distress to the baby, causing him or her to lose oxygen.
- Devices are used to deliver the baby. When the doctor uses instruments such as forceps or a vacuum incorrectly, the baby can suffer serious injuries.
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Speak with an Experienced Birth Injury Lawyer
Childbirth is supposed to be exciting for parents, but it can be tragic when a doctors’ negligence leads to serious injuries or even death. It is crucial that you hold the doctor liable for their actions.
Preszler Law Firm can help you during this difficult time. Many children suffer lifelong injuries. Our birth injury lawyers can help you obtain the compensation you deserve. You have just two years to bring about a birth injury claim, so do not delay. Schedule a free consultation today. Fill out the online form or call 1-800-JUSTICE.