Birth Injuries
Personal Injuries
When it comes to birth injuries, many parents may be unaware that their child's condition may have been caused by medical negligence. In fact, many birth injuries go undiagnosed or unrecognized until much later in the child's life. The most common birth injuries include cerebral palsy, Erb's palsy, and shoulder dystocia.
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Birth Injuries to Mother & Baby
Pregnancy is a time of great anticipation and joy for many expecting parents. However, when something goes wrong during the labor and delivery process, the results can be devastating. Personal injuries involving birth are a serious problem that can have long-term effects on the health and wellbeing of both the mother and the child.
Birth-related injuries are often caused by medical negligence, such as failing to recognize a high-risk pregnancy, failing to respond to signs of fetal distress, or failing to properly monitor the mother and baby during labor. Unfortunately, these types of medical mistakes can have serious consequences, including physical injuries to both mother and baby, as well as emotional trauma for the family.
Common birth-related injuries include cerebral palsy, Erb’s Palsy, brachial plexus injuries, and shoulder dystocia. These types of injuries can lead to long-term physical and cognitive impairment, and the resulting medical costs can be overwhelming. If the injury was caused by medical negligence, the family may be able to seek compensation to cover these costs.
It is important for expecting parents to be aware of the risks associated with childbirth and to speak up if they have any concerns. They should also research their healthcare provider to make sure they are properly qualified. Finally, if something does go wrong during the birth process, it is important to seek legal advice as soon as possible.
Birth-related injuries can have a lasting impact on the entire family. It is important to remember that if the injury was caused by medical negligence, the family may be able to seek compensation. It is also important to seek legal advice as soon as possible to ensure that the rights of the injured party are protected.
Hold the Negligent Party Liable
When parents anticipate the arrival of a baby, they are often filled with excitement and joy. However, the birth of a baby can sometimes be a traumatic experience due to unexpected injuries. If your baby is injured at birth, it is important to take a few steps to ensure that your baby’s health and safety remain top priority.
The first step is to make sure that your baby receives the necessary medical care. If the injury is minor, it can be treated with at-home remedies. However, if the injury is serious, you should seek medical attention from a specialist. Your doctor can provide you with an accurate diagnosis and treatment plan for your baby.
The second step is to investigate the cause of the injury. If the injury was caused by a medical mistake, you may be entitled to legal compensation. It is important to understand your rights and get in touch with our team to discuss the situation.
The third step is to ensure your baby receives the best possible care. If your baby needs long-term treatment for their injury, you should make sure that you have the resources to support them. This includes making sure that your baby has access to the best available medical treatments and therapies.
Finally, it is important to take care of yourself during this difficult time. You may be feeling overwhelmed by the situation, so it is important to take care of your own mental and physical well-being. Reach out to family and friends, or seek professional help if necessary.
Having a baby injured at birth can be a traumatic experience for parents. However, by following the steps outlined above, you can ensure that your baby receives the best possible care.
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Birth Injuries
Some information that you should know about birth injuries.
Birth Injuries: Causes
There are a number of factors that contribute to birth injuries, some of which are negligence by medical staff. Parents of babies who have been injured due to negligent conditions created by the attending physician or other medical professionals may file a medical negligence lawsuit. This is if the physician or other medical professionals created those conditions.
An injury is caused or contributed to if we are able to prove, with expert evidence, that a healthcare practitioner failed to meet a reasonable standard of care. That is the key element of a birth injury case in which the attending physician or other medical professional is found negligent in identifying the risks, removing them, or alerting the parents to their existence. There could be a birthing injury claim made against a professional who knew that there was a risk with the birth but did nothing about it or make a mistake during the birthing process.
Birth injuries are caused by:
- Breached deliveries
- Delayed caesareans
- Fetal distress
- Improper use of forceps or vacuums
Birth Injuries: Severity
The majority of mothers who have complications during the birthing process walk away with healthy babies or those with only minor injuries, but it is not always the case. As a result of serious injuries such as bleeding in the brain or seizures, it can be difficult or even impossible for your baby to live a normal, healthy life.
Even medications, physical therapy, and any surgeries that your baby has to undergo will have a significant impact on their lives. Many babies who suffer from medical negligence suffer from pain for years or even their entire lives. Their quality of life is also greatly impacted by this. While it is true that many birth injuries only result in minor lacerations and bruising that soon fade away, it is also true that more serious injuries can happen as well. It is possible for autism-related injuries to occur, including skull fractures, intellectual disability, stillbirth, seizures, bleeding in the brain, collarbone fractures, cerebral palsy, Erb's palsy, brain swelling, forceps wounds to the facial nerves, and oxygen deprivation.
During delivery, the baby's shoulders can get caught on the pelvic bone, which can result in a number of different types of injuries, including damage to the brachial plexus. Delayed delivery can result in cerebral palsy, a group of disorders that permanently affect a baby's muscle coordination or movement. A medical negligence incident can be even more severe because newborn babies are particularly vulnerable. In some cases, stillbirth can occur as a result.
Birth Injuries: Procedure if Your Newborn is Injured
1. Keep an Incident Record
In the event of a birthing injury, it's important to record the date, time, and location of when the injury was first discovered. Any witnesses should be asked for their full name, phone number, email address, and any other relevant information. You should ask witnesses for confirmation by email or text message once you've obtained this information. The injury will be admissible as evidence in your case if you provide written proof. Additionally, take as many pictures and videos as possible. The evidence will help date-stamp the discovery, as well as support your claim. It is important to document the nature of the incident and to continue documenting your baby's behaviour.
2. Keep a Journal of Everything That Happens
Giving birth is a very traumatic experience, especially for the mother. The consequence of this is that, at a later date, it may seem hard to recall exactly what happened because of this.
It is best to write down all the details that come to your mind while they are still fresh in your mind about the incident. Describe every detail, including what you heard, observed and even felt. Make notes about what you think caused it to happen, and anything you noticed unusual about your baby upon birth and afterwards. Also, document any pain that you are experiencing since giving birth.
3. Get Medical Attention as Soon as Possible
If that you believe your baby was injured, medical attention should be sought immediately. In your doctor's office or another health care provider's office, describe when you gave birth, what part of your baby's body is injured, and where you feel pain or discomfort (if any). Also, inform your doctor of why you believe your baby is injured (e.g. behaviour). You can construct a written history of the incident by seeing medical professionals regularly after the incident has been identified.
Every appointment you have with your doctor or another health professional is documented in writing. In this case, we are dealing with a paper record. If you file a claim, the medical professional is unlikely to be able to argue that your newborn was not injured during the birthing process.
4. Contact Us
If your baby has been injured due to medical negligence in the province of Ontario, you must get in touch with the experienced personal injury paralegals at Cordaie Paralegal Services as soon as possible. The statute of limitations only allows you to file a claim two years from when the injury occurred or when it was first discovered.
Based on the circumstances, our team can help you determine whether the injury occurred due to medical negligence, and if so, we can ensure that the notice you provide complies with all applicable laws and statutes. The paralegals at our firm have a long history of resolving claims.
Frequently Asked Questions
Here are answers to some common questions.
Birth Injuries
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Every day, millions of babies are born around the world. Sadly, as a result of medical negligence, many newborns suffer serious injuries or even have to incur medical expenses as a result of the trauma. It is very likely to file a lawsuit against the medical professional, whether it is the attending physician or someone else.
At your free consultation, we will discuss some of the details surrounding personal injury lawsuits filed due to birth injury liability. In addition, our team will provide you with some guidelines to help you determine whether or not your case will be successful so that you can make an informed decision about whether to take legal action.
Our goal at Cordaie Paralegal Services is to provide you with the best legal representation at an affordable price. The decision of how to proceed after a personal injury involves several factors. You can count on us to guide you throughout the process. In this way, you will not have to worry about what's most important to you: compensation for your injuries, regardless of their severity. With our experienced team on your side, your chances of being compensated will be greatly increased.
Whenever you need assistance, Cordaie Paralegal Services is here to help. With our expertise and knowledge, we will be able to identify any potential legal loopholes that can be leveraged to your advantage. We do this by utilizing our expertise and skill set. As part of the process, we provide guidance and negotiate for a better outcome.