While the majority of babies in Manitoba are born healthy and without incident, a small number of cases result in injuries to the baby.
Obstetrical malpractice, sometimes called birth trauma cases, can occur in many settings, from clinics, emergency rooms, operating rooms and delivery wards. Failure to perform proper prenatal tests, monitor a pregnancy or properly conduct labour and delivery can result in serious injuries to the fetus or infant.
Possible causes of birth injuries include:
- Failure to monitor a pregnancy through improper diagnosis, failure to diagnose and/or manage high-risk conditions;
- A lack of monitoring, attention and care during labour and delivery, including failure to note and act upon fetal distress; obstructed labour, or delayed caesarian section
To be successful in a lawsuit, like other medical malpractice cases, patients must prove that the health care provider acted below the standard of care; in other words, that a reasonable health care provider would not have made that error or would have acted differently. The person must also show that the breach in the standard of care caused harm or injury.
Obstetrical malpractice lawsuits can be very complex and involve many factors. When filing a claim, it is important to have the support of a legal team with experience and understanding in this area of law. Pollock & Company has been successful in recovering compensation both in and out of court for children and their families affected by birth trauma.