BIRTH TRAUMA

Brain Injury Due to Lack of Oxygen During Labour and Delivery: During delivery, the contractions will result in a decrease in blood flow and oxygen to the fetus. Typically, the fetus has the ability to recover and tolerate the lack of oxygen. However, in some cases, the change may be too quick for the fetus to recover. The obstetrical provider will be responsible for monitoring the heart rate of the fetus and intervening when necessary. It’s essential for the obstetrical provider to intervene before any neurological injuries occur.

Injury Caused By Delivery Instruments: The vacuum extractors or forceps could cause injuries to the newborn.

Strokes During Labour and Delivery: Many experts believe that a lack of oxygen can lead to fetal strokes. Typically, if a fetal stroke occurs, it can be argued that early interventions could have prevented the stroke.

Shoulder Dystocia: Sometimes, during delivery, the baby can become stuck on the mother’s pubic bone, resulting in an obstetrical emergency. If the obstetrician applies excessive traction while dislodging the shoulder, the baby’s spine can be torn or stretched. This can lead to reduced functionality and movement of the baby’s arm. Such an injury may be grounds for a medical malpractice claim if it results from the obstetrician’s negligent handling during the delivery process.

Prematurity: There can be significant risks if a baby is born prematurely. In some cases, it could be possible to make a claim saying the provider failed to take appropriate steps to prolong the delivery.

Failing to Properly Assess the Neonate: The healthcare provider must check the baby’s bilirubin levels, blood sugar, and for signs of infection in the following days after birth. The baby can suffer brain injuries if these conditions are not properly monitored.

Failure to Properly Resuscitate: Some babies require resuscitation or suctioning for meconium. In cases of improper resuscitation due to medical negligence, the baby may suffer neurological injury.

If your child suffers a birth injury, it’s crucial to take immediate and thorough steps to ensure their well-being and protect your legal rights. Here’s a guide to follow:

1. Seek Immediate Medical Attention: Ensure your child receives the necessary medical care to address their injury. Prompt treatment can sometimes mitigate the severity of the injury and improve outcomes.
2. Document Everything: Keep detailed records of your child’s medical treatments, diagnoses, and any communications with healthcare providers. This documentation will be essential if you decide to pursue legal action.
3. Request Medical Records: Obtain copies of all medical records related to the birth and subsequent treatments. These records are crucial for understanding what happened and for building a legal case.
4. Consult a Birth Injury Lawyer: Contact an experienced birth injury lawyer who can provide you with legal advice and guide you through the process of filing a claim. A skilled birth accident lawyer will help you understand your rights and the potential compensation you can seek.
5. Consider Long-Term Care Needs: Assess your child’s long-term care requirements. Some birth injuries result in lifelong disabilities, necessitating ongoing medical care, therapy, and support.
6. File a Claim: With the help of your lawyer, file a claim against the responsible parties. Your lawyer will gather evidence, consult medical experts, prove negligence to secure compensation for your child’s injury and future needs, and prepare for a potential birth injury lawsuit.

If your child suffers a birth injury due to negligence, you can sue various parties involved in the childbirth process. Potential defendants include:

• Obstetricians and Doctors: They can be held liable for errors in prenatal care, delivery, or postnatal care that result in injury.
• Nurses and Midwives: These healthcare providers can be sued for failing to monitor the mother and baby properly or for mishandling the delivery.
• Hospitals and Medical Facilities: The institutions can be held responsible for providing inadequate care, having insufficient staffing, or failing to maintain proper standards and protocols.
• Pharmaceutical Companies: If a birth injury is caused by medication prescribed during pregnancy, the drug manufacturer may be liable.

Each birth injury case is unique, and an experienced birth injury lawyer can help determine the liable parties and pursue compensation.

The statute of limitations for personal injuries typically requires filing a claim within two years from the date the injury is discovered or should have been discovered. According to the Alberta Limitations Act, RSA 2000, c L-12, for minors or children who have suffered birth trauma, the limitation period generally begins when they turn 18, allowing them to file a claim until their 20th birthday. However, specific circumstances can affect these timelines. This makes it crucial to consult with an experienced attorney promptly. Timely legal action ensures the preservation of evidence and maximizes the chances of securing fair compensation for the affected child and family in birth injury lawsuits.

Compensation for birth injuries in Alberta aims to address the financial and emotional burdens faced by affected families. Victims can file birth injury claims for medical expenses, ongoing care, therapy, and rehabilitation costs. Additionally, compensation may cover pain and suffering, loss of future earnings, and necessary home modifications. In some cases, punitive damages may be awarded to penalize particularly egregious negligence. Working with an experienced birth injury lawyer is crucial to navigate the complex legal process and ensuring you receive the full compensation needed to support your child’s long-term well-being and recovery.

Have you or your child suffered birth trauma due to negligent medical care? The team at Grover Law Firm invites you to schedule a free consultation with one of our birth injury attorneys near you. You may have grounds for a birth injury claim, and we can provide expert advice and representation. Our experienced Calgary birth injury lawyers are dedicated to helping you exercise your legal rights and secure the compensation you deserve. With our client-centered approach, we prioritize your needs when things go wrong. Mistakes made at hospitals, doctor’s offices, or treatment centers can have life-changing and severe consequences. You should never have to deplete your life savings or face financial ruin to cover medical bills. Contact Grover Law Firm today and speak with an experienced personal injury lawyer.