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Obstetrical Negligence Lawyers
For some expectant parents, hearing about a new pregnancy means everything is going according to plan. For others, it may come as a big surprise. And for still others, it may be the culmination of a long and difficult effort to conceive.
No matter how they arrived at this point, for the next months they will all be travelling down a road filled with doctor’s appointments, tests, and learning how to prepare for the big day. In all cases, an obstetrical care-provider will be joining them for the ride. That care-provider may be an obstetrician, a family doctor, or a mid-wife.
Obstetricians are highly skilled medical specialists who focus on matters relating to preconception and fertility, pregnancy, birth and early postpartum care. Although family physicians can provide obstetrical care, higher risk pregnancies are generally managed by obstetricians.
Unfortunately, errors do occur due to the medical care provider in pregnancy and during labour and delivery. Where a newborn is suffering from some birth related injury, parents may not be aware if that injury is due to substandard obstetrical care. We can help make that determination. Nurses are also extensively involved in providing obstetrical care, with some birth injury due to nursing negligence.
Obstetrician errors.
What do obstetricians do?
Obstetricians specialize in managing health conditions associated with pregnancy, particularly high- risk pregnancies. In addition to routine prenatal care, screenings and tests, during the course of a pregnancy obstetricians will monitor fetal growth, size and position in the uterus. The obstetrician will look for anomalies and determine if there may be complications that require treatment.
Obstetricians also manage labour and delivery and provide postpartum care for approximately one month after birth. While pregnancy care and delivery can be provided by midwives for normal, low-risk pregnancies, an obstetrician (working with or without a midwife) is strongly recommended if the pregnancy is high-risk.
Some examples of potential high-risk pregnancies include:
- maternal health conditions (diabetes, high blood pressure).
- young (teenage) or older (35+) maternal age.
- multiple gestations.
- Overweight or underweight pregnant women.
- Fetal growth restriction.
What are some common obstetrical errors?
Obstetricians are highly trained and many of these doctors are exceptionally good at what they do. Unfortunately, errors happen. If the obstetrician’s own negligence or the negligence of their supporting staff or institution causes harm, they may be legally accountable for damages in a medical malpractice lawsuit.
Some types of obstetrical errors include:
- Failure to properly manage fetal-wellbeing during labour, leading to newborn neurological injury called hypoxic-ischemic encephalopathy or HIE. Excessive use of oxytocin to promote uterine contractions, resulting in undue hypoxic stress on the fetus.
- Misuse of instruments, like forceps and vacuum, to achieve assisted deliveries.
- Failure to expedite delivery in cases of undue fetal stress, failure of labour to progress, and in cases of suspected infection. Failing to properly manage labour in view of known fetal or maternal complications, including prematurity, growth restricted fetuses, preeclampsia, and large for gestational age babies.
- Failure to properly manage emergent complications of labour, including uterine rupture, umbilical cord prolapse, and placental abruption. surgical errors - If surgery is required during the pregnancy or birth, an obstetrician must follow established protocols and procedures to ensure the safety of mother and baby.
- Lacerations, perforations, leaving foreign objects in the body, and improper remedial care can all have negative consequences for the health of the mother, her fetus or her child.
Commonly, these errors involve miscommunication amongst the obstetrical team, poor record keeping, improper assessment of fetal-well-being, a failure to respond to signs of undue fetal stress, the failure to address and resolve technical issues, and inadequate supervision.
Room for improvement.
A 2016 report entitled “Obstetrics Services in Canada: Advancing Quality and Strengthening Safety,” brought together four health safety organizations to survey the state of obstetrics in Canada and to determine which areas were working well and which areas had room for improvement.
The survey identified five areas most commonly encountered in medical-legal cases in the previous 10-year period. These included:
- fetal heart rate monitoring.
- induction and augmentation of labour.
- assisted vaginal delivery.
- timing of the decision to perform a caesarean section (C-section).
- managing shoulder dystocia.
Injuries caused by obstetrical errors.
An obstetrical error can cause or contribute to a variety of injuries sustained by a pregnant woman, her fetus or her child. By far, the most significant and devastating injuries seen in obstetrical malpractice cases is hypoxic-ischemic brain injury in the newborn. In many cases, the brain damage would have been prevented had the obstetrical care met applicable standards. Other serious injuries include brachial plexus injuries from shoulder dystocia and trauma to the newborn that might lead to skull fractures and brain hemorrhage.
Maternal injuries can also be significant, including: perineal injury (blood loss, skin, tissue and muscle damage, injury to the vaginal mucosa or anal sphincter), pelvic floor injury (muscle and nerve damage, prolapsed organs), postpartum infection, and spinal injuries from epidurals.
Help when you’re hurt.
An injury caused by an obstetrical error can result in pain, suffering, and disability. Obstetricians, nurses, and midwives will be legally accountable to you and your child for the failure to meet applicable standards of care that results in harm. The burden of caring for children affected by obstetrical malpractice is enormous, both emotionally and financially and appropriate compensation will be provided to you and your family where malpractice can be proven.
Gluckstein Lawyers has highly experience medical malpractice lawyers to help you with your claim arising out of obstetrical error. As one of Canada’s leading birth injury law firms, our lawyers have the knowledge, skill and experience to deal with even the most complex of these cases.
When you contact our office for a no cost, no obligation initial consultation, you can be assured you will be received with the compassion, empathy, and he attentive care you need and deserve. Once you explain what has happened and how it has affected you and your loved ones, we will carefully explain your various rights and options. If we believe we can help you launch a successful claim, we will gladly offer to be your legal representative and advocate.
A commitment to full-circle care.
There are other birth injury lawyers out there who may be able to take on your case. Beyond our sterling reputation among our peers, we believe our commitment to full-circle client care truly sets us apart. When we treat clients as we would treat our own family, it demonstrates that we care about you and your family beyond the life of a case. We care about you as a person and will do whatever we can to help you as you begin what should be a healing journey.
Gluckstein Lawyers’ renowned client liaisons will be an important point of contact for you as your case develops. They will not only answer your questions and provide updates, but also simply to check in to see how you’re doing. These client liaisons, some of whom have had their own personal injury cases, understand what kind of information, resources and support will be most helpful to you.
You may be worried about your ability to afford a lawyer. If you pursue a civil action with Gluckstein’s obstetrical error birth injury lawyers, we will only receive payment if we are successful in negotiating a settlement for you or obtaining a court award.
If you or a loved one has experienced the trauma of a serious obstetrical error, you should know that you are not alone. Trust the team at Gluckstein Lawyers to be your tireless advocate when you need it the most.
Related Expertise.
FAQs.
- What is Hypoxic Ischemic Encephalopathy (HIE)?
- Hypoxic Ischemic Encephalopathy (HIE) is a brain injury caused by oxygen deprivation (hypoxia) and reduced blood flow (ischemia) to the brain, typically occurring around the time of birth. HIE can be caused by factors such as complications during childbirth, umbilical cord issues, placental abruption, maternal infections, fetal distress, or other conditions that restrict oxygen supply to the baby's brain. Get More Information
- What are the long term effects of birth injuries?
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Birth injuries can have lasting effects on a child's health and well-being, leading to various long-term consequences such as:
- Physical Disabilities: Birth injuries like cerebral palsy, Erb's palsy, or brain damage can result in long-term physical disabilities that may affect mobility, coordination, and overall physical function.
- Cognitive Impairments: Some birth injuries can impact cognitive development, leading to learning disabilities, developmental delays, or intellectual impairments that persist into adulthood.
- Emotional and Behavioral Challenges: Children who experience birth injuries may face emotional and behavioral challenges such as anxiety, depression, attention deficit hyperactivity disorder (ADHD), or other mental health conditions.
- Chronic Health Conditions: Certain birth injuries may predispose individuals to chronic health conditions like epilepsy, respiratory problems, vision or hearing impairments, and other ongoing medical issues.
- Social Impact: Birth injuries can influence social interactions and relationships, potentially leading to feelings of isolation, difficulties forming connections, or challenges in social integration.
- Educational Needs: Children with birth injuries may require specialized educational support, individualized learning plans, or assistive technologies to accommodate their unique needs and facilitate academic progress.
- Financial Burden: The long-term effects of birth injuries can impose a significant financial burden on families due to healthcare expenses, therapy costs, assistive devices, and ongoing care requirements.
Understanding the potential long-term effects of birth injuries is essential for parents, caregivers, and healthcare providers to ensure early intervention, appropriate treatment, and necessary support to help children thrive despite the challenges they may face. If you suspect that your child has suffered a birth injury, seeking medical evaluation and legal guidance promptly can help address the long-term implications effectively.
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- Who can be sued for a birth injury caused by medical negligence?
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In cases of birth injury resulting from medical negligence in Ontario, various entities may face legal action, including:
- Healthcare Providers: This category encompasses obstetricians, midwives, nurses, and other healthcare professionals directly engaged in prenatal care, labor, or delivery services.
- Hospitals or Medical Facilities: The institution where the birth injury occurred could be deemed liable, particularly if their policies, practices, or inadequate equipment contributed to the negligent circumstances.
- Medical Staff: Individual healthcare workers whose actions or oversights led to the birth injury can be held accountable.
- Pharmaceutical Companies: If medication or medical devices played a role in the birth injury due to defects or improper use, pharmaceutical companies might be implicated in the legal proceedings.
- Third Parties: External entities such as medical equipment manufacturers, maintenance contractors, or other involved parties in the birthing process that contributed to the negligence leading to the birth injury.
To ascertain responsibility in cases of birth injury caused by medical negligence, a comprehensive investigation, legal acumen, and collaboration with medical experts are essential. If you suspect that your child has suffered a birth injury due to medical negligence, seeking guidance from a specialized birth injury lawyer in Ontario is recommended. They can assess your situation, identify the responsible parties, and assist you in navigating the legal process to pursue rightful compensation
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- Why should I hire an Ontario birth injury lawyer?
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Hiring a birth injury lawyer in Ontario can be crucial for several reasons:
- Legal Expertise: Birth injury cases can be complex, and an experienced lawyer specializing in this area understands the laws and regulations specific to birth injuries.
- Maximizing Compensation: A skilled lawyer can help you seek the maximum compensation you deserve for medical expenses, ongoing care, pain and suffering, and other damages.
- Investigation and Evidence Gathering: A lawyer can conduct a thorough investigation, gather evidence, and consult with medical experts to strengthen your case.
- Navigating the Legal Process: The legal process can be overwhelming, but a lawyer will guide you through each step, ensuring your rights are protected.
- Peace of Mind: By entrusting your case to a knowledgeable lawyer, you can focus on your family while knowing that your legal matters are in capable hands.
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- What is the deadline for filing a birth injury claim?
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In Ontario, there are limitations on how long you have to file a birth injury lawsuit, known as the statute of limitations. It's crucial to consult with a lawyer promptly to understand your legal options and ensure timely action is taken to protect your rights.
For personalized guidance on your specific situation, we recommend reaching out to a reputable birth injury lawyer in Ontario for a consultation.
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- What type of cases do birth injury lawyers take on?
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Birth injury lawyers in Ontario handle a wide range of cases, including but not limited to:
- Cerebral Palsy
- Erb's Palsy
- Brachial Plexus Injuries
- Brain Damage
- Shoulder Dystocia
- Hypoxia
- Bone Fractures
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- What is a birth injury lawyer?
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A birth injury lawyer is a legal professional who specializes in cases where an infant has been injured during the birthing process due to medical negligence or malpractice. These lawyers have a deep understanding of the complex medical and legal issues involved in birth injury cases and work to help families receive compensation for the physical and emotional damages suffered. Birth injury lawyers can assist with cases involving various types of birth injuries.
If you're considering a medical negligence lawsuit following a birth injury, a specialized lawyer in this field can provide meaningful advice and direction after reviewing the medical records and the specifics of the case.
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- What are some common injuries from obstetrical errors?
- Obstetrical errors can harm a pregnant woman, her fetus, or her baby. Common injuries for pregnant women include perineal injury (blood loss, skin, tissue and muscle damage, injury to the vaginal mucosa or anal sphincter), pelvic floor injury (muscle and nerve damage, prolapsed organs), postpartum infection, and spinal injuries from epidurals. A fetus may suffer from lack of oxygen, fetal distress, fetal infection, and placental abruption. Newborns may experience trauma from forceps and vacuums, lack of oxygen, untreated infection, improper resuscitation, and kernicterus. Get More Information
- When is obstetrical error medical malpractice?
- Monitoring the health of a patient/patients during a pregnancy, delivery and the first few weeks after birth requires certain knowledge, skill and experience. Although no medical provider is held to the standard of perfection, if their negligent actions or inaction breach standards of obstetrical care and cause injury or harm, it may be considered obstetrical error medical malpractice. In these cases, the medical provider may be liable for compensating a patient for the damage they caused. Get More Information
- What are some common obstetrical errors?
- Some common obstetrical errors include: misdiagnosis, surgical errors, medication errors, and postpartum birth injuries. The most common reasons for these errors tend to be errors in clinical judgement, miscommunication, technical issues, and inadequate supervision. Get More Information
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