Obstetrical or birth injury malpractice, sometimes called birth trauma cases, can occur in many settings, including clinics, emergency rooms, operating rooms, and delivery wards. Failure to perform proper prenatal tests, monitor a pregnancy, or properly conduct labor and delivery can result in serious injuries to the fetus or infant. In such cases, consulting with experienced birth trauma lawyers is crucial to understanding your legal options and pursuing justice.
CMAJ: “In Canada, rates of trauma following OVD are higher than previously reported, irrespective of region, level of obstetric care and volume of OVD among hospitals. These results support a reassessment of OVD safety in Canada.”
What Constitutes Birth Trauma?
Birth trauma encompasses several types of injuries that can affect a newborn. These injuries may include:
- Lack of Oxygen or Blood Flow: Insufficient oxygen or blood flow to the brain can lead to severe complications such as strokes, hemorrhages, cerebral palsy, or even death.
- Physical Injury: Physical trauma during delivery can result in significant harm.
- Injuries to Mothers: Common injuries for women may include uterine ruptures, hemorrhages, failure to diagnose preeclampsia, and complications from improper use of forceps or vacuum deliveries.
Causes of Birth Injuries
Birth injuries can result from several factors, often falling under the category of birth injury medical negligence. Possible causes include:
- Failure to Monitor: Inadequate monitoring of the pregnancy, including improper diagnosis or failure to manage high-risk conditions.
- Negligence During Delivery: Lack of attention to fetal distress, obstructed labor, or delays in performing a necessary cesarean section.
Birth Injury Lawsuits
While thousands of healthy babies are born each year in Canada, some suffer severe, lasting effects due to complications during labor and delivery. Lawsuits pertaining to birth injuries have the potential to hold negligent parties accountable and support families in coping with the financial strain of raising a child with special needs as a result of medical malpractice.
What Can Birth Trauma Lawyers Do for You?
If you and your family are affected by birth trauma, you may face substantial medical expenses related to the care of a disabled baby. A birth injury lawsuit can assist in recovering losses and alleviating financial strain.
Pollock & Company offers free consultations to help you understand if you have grounds for a case. During the consultation, we will evaluate your situation, explain your legal options, and guide you through the decision-making process.
Steps in a Birth Injury Lawsuit
The process of filing a birth injury lawsuit can be intricate and time-consuming. Key steps include:
- Collecting Evidence: Gathering medical records, relevant documents, and medication details. A list of witnesses and other healthcare providers involved can also be crucial.
- Building the Case: The case may take several months to build, depending on its complexity.
Pollock & Company has a proven track record of advocating for families affected by birth trauma, achieving favorable outcomes both in and out of court. For assistance with your case, contact us at 204.956.0450 or through our website. All consultations are confidential.
Legal Framework for Birth Trauma Lawsuits
To succeed in a birth trauma lawsuit, you must demonstrate that:
- Breach of Standard of Care: The healthcare provider failed to meet the accepted standard of care, meaning a reasonable professional would have acted differently.
- Causation: The breach directly caused harm or injury to the child, falling under the category of injuries caused by medical negligence.
Medical Malpractice Birth Trauma lawyers in Winnipeg
Birth injury malpractice is a serious matter that requires expert legal assistance. If you believe you or your child has been a victim of birth trauma or injuries caused by medical negligence, it’s essential to seek the help of experienced legal professionals, such as medical malpractice birth trauma lawyers. Contact Pollock & Company to discuss your case and explore your options for pursuing justice.
