Having a baby is an exciting event for most parents, especially first-time mothers and fathers. Watching a child being born is an experience like no other.
Most births happen as expected, without issues. Unfortunately, some result in tragedy. Even though childbirth happens every day, things can still go wrong. In 2017, 1,083 babies under 1-year-old died in Canada due to various diseases, disorders, and complications.
While many of these deaths could not have been prevented, some birth injuries are caused by medical malpractice. Medical malpractice occurs when a doctor is negligent and does not adhere to the standard of care. This then leads to unexpected harm such as injuries and death.
Birth injuries can involve anything from a bruise to a chronic condition to death. Many issues cause physical and mental delays that affect a child for life. Some children require 24/7 care for the rest of their lives.
Dealing with these medical issues can be costly. You likely cannot afford treatment on your own, which is why it is crucial that you file a medical malpractice lawsuit. A lawsuit can help you recover compensation for medical bills, pain and suffering, and other damages your baby has incurred. It can also hold the doctors liable for their actions and hopefully deter them from committing similar acts in the future.
You cannot file a medical malpractice case on your own, though. These cases are very complicated and hard to win. You need a strong team to help you succeed. The Stirling birth injury lawyers at Preszler Law Firm can guide you through this process. Preszler Law Firm has 60 years of experience helping parents recover compensation for their children’s birth injuries.
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. Contact us today at 1-800-JUSTICE to learn more.
Our birth injuries lawyers can meet with you in Stirling for a free initial consultation. Call (416) 364-2000
Types of Birth Injuries
Birth trauma refers to injuries that occur to a baby during labor and delivery. There are several factors that can increase the risk of birth trauma. They include large babies (over 8 pounds, 13 ounces), preterm babies (born before 37 weeks), difficult or prolonged labor, abnormal fetal position (not head first) and the mother having a pelvis that is small or the wrong shape.
Birth trauma can affect any part of the body, although these injuries more commonly affect the head, shoulders, and neck. Common birth injuries include the following:
- Cerebral palsy. This is a disorder that affects movement, posture or muscle tone. It causes abnormal brain development and is the leading cause of disability among children.
- 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. This often occurs when the baby gets stuck in the birth canal and the doctor pulls on the baby’s arm to free him.
- Broken bones. A birth injury can cause broken bones in the skull or shoulders if a doctor uses too much pressure during labor or delivery or uses a tool incorrectly.
- Bell’s palsy. This is a type of facial paralysis that occurs when nerve damage causes a loss of facial movement. It can be caused by passing through the birth canal or improper use of birthing tools.
- Shoulder dystocia. This occurs when one or both shoulders of the baby are stuck inside the mother’s pelvis.
- This is a hematoma that occurs underneath the skin, in the infant’s skull bone. It causes pooling of blood and can sometimes lead to jaundice.
- Caput succedaneum. This refers to swelling in the infant’s scalp, often appearing as a lump or bump. It is often caused by pressure from the mother’s vaginal wall or uterus.
- Bleeding around the brain can be caused by an illness such as hemophilia or a birth injury. This is more common among premature babies. Those with minor hemorrhages tend to quickly recover.
- Perinatal asphyxia. This refers to a decrease in oxygen to the baby’s body or a lack of blood flow to tissues. Perinatal asphyxia can affect the heart, lung, brain, kidneys, or liver. This can be caused by abnormal development, issues with the placenta or uterus, infection, maternal illness, or even genetics.
Stirling Birth Injuries Lawyer Near Me (416) 364-2000
Proving Medical Malpractice
To receive compensation in a medical malpractice lawsuit, you need to prove that your doctor was negligent. This may seem fairly straightforward, but this is actually the most difficult part of any medical malpractice lawsuit. To prove that the doctor caused your baby’s birth injury, you must show the following:
- The doctor did not meet the required standard of care.
- The substandard care that your baby received led to damages.
Neither of the elements can be proven without the expert opinion of a medical professional. Your lawyer will need to hire one or more experts to provide their testimony for your medical malpractice case. These experts will be tasked with reviewing your medical records and determining whether or not medical malpractice occurred based on the circumstances.
Keep in mind that disagreeing with a doctor is not enough to warrant a medical malpractice suit. Diagnosing a medical condition may require multiple tests. To find the right treatment for your baby’s medical condition, doctors often need to try several of them before they find one that works. You cannot file a medical malpractice case unless these tests and treatments cause injuries.
Time limits apply in a medical malpractice case. You have just two years to bring about a birth injury claim, so do not delay.
Speak with an Experienced Birth Injury Lawyer
It is devastating when an event that is supposed to be joyous, such as the birth of a child, turns tragic due to an injury that could have been prevented. If your doctor’s negligence caused your baby’s medical issues, it is important to hold him or her liable.
Many children suffer lifelong injuries and even death. Cases involving birth injuries are not easy to prove, but the team at Preszler Law Firm is up to the task. Our birth injury lawyers can help you during this difficult time so you obtain the compensation you deserve. To schedule a free consultation today, call 1-800-JUSTICE or fill out the online form.