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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 Surveillance in Long-Term Disability Insurance?
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Surveillance in the context of Long-Term Disability (LTD) insurance refers to the practice where insurance companies may conduct covert monitoring and observation of claimants to investigate the validity of their disability claims. This surveillance is typically carried out by professional investigators who gather visual evidence, such as photographs or videos, to assess the claimant's activities and functional limitations. Here are key points to understand about surveillance in LTD insurance:
- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- Activities Monitored: Surveillance may involve monitoring various aspects of a claimant's daily life, including physical movements, interactions with others, engagement in recreational activities, and participation in events that could indicate the level of disability.
- Covert Nature: Surveillance is typically conducted covertly, meaning that the claimant is not aware that they are being monitored. This approach aims to capture the claimant's behavior and activities in their natural state without influencing their actions.
- Legal Compliance: Surveillance activities must comply with legal regulations and privacy laws to ensure that the rights of the claimant are respected. Investigators must adhere to ethical standards and obtain evidence lawfully.
- Impact on Claims: The results of surveillance can influence the outcome of an LTD claim. If the surveillance footage contradicts the claimant's reported limitations or suggests misrepresentation of disability, the insurance company may use this information to deny or terminate benefits.
- Frequency: Surveillance is not conducted continuously for all claimants but is often employed selectively based on specific factors, red flags, or suspicions raised during the claims process.
- Balancing Privacy and Investigation: While surveillance is a legitimate tool for insurance companies to verify claims, it raises concerns about privacy invasion and the potential misinterpretation of normal activities as evidence of fraud. Claimants have the right to challenge surveillance findings if they believe their disability status has been misrepresented.
Understanding the role of surveillance in LTD insurance can help claimants navigate the claims process effectively, ensure transparency in their interactions with the insurance company, and seek legal advice if they have concerns about the handling of surveillance activities in relation to their disability claim.
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- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- How Much Money Can I Get From My Long-Term Disability Benefits?
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The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:
- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.
- Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).
- Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.
- Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.
- Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.
- Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.
To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.
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- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Why Do Insurance Companies Deny LTD Claims?
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Insurance companies may deny Long-Term Disability (LTD) claims for various reasons, some of which are legitimate while others may involve errors, misinterpretations, or disputes. Here are common reasons why insurance companies deny LTD claims:
- Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
- Pre-Existing Conditions: Some policies exclude coverage for pre-existing conditions or conditions that existed before the policy came into effect. If the disability is deemed to be related to a pre-existing condition, the claim may be denied.
- Policy Exclusions: Certain policies have specific exclusions for certain types of disabilities, treatments, or conditions. If the disability falls under an exclusion listed in the policy, the claim may be denied.
- Failure to Meet Criteria: Insurance policies often have specific criteria that must be met to qualify for LTD benefits. If the claimant does not meet these criteria, such as the definition of disability or waiting period requirements, the claim may be denied.
- Incomplete Documentation: If the required documentation, forms, or information are incomplete, missing, or not submitted within the specified timeframe, the insurance company may deny the claim due to insufficient information.
- Discrepancies in Information: Inconsistencies between the claimant's statements, medical records, and other documentation can raise red flags and lead to the denial of the claim.
- Failure to Follow Treatment Plans: If the claimant does not follow prescribed treatment plans, attend medical appointments, or comply with rehabilitation efforts, the insurance company may deny the claim on the basis of non-compliance.
- Occupational Duties: If the disability does not prevent the claimant from performing the essential duties of their occupation as defined in the policy, the claim may be denied.
- Surveillance Results: Insurance companies may conduct surveillance to investigate the validity of a claim. If the surveillance results suggest that the claimant's reported limitations are inconsistent with their activities, the claim may be denied.
- Fraud or Misrepresentation: If the insurance company suspects fraud, misrepresentation of facts, or intentional withholding of information by the claimant, the claim may be denied.
Understanding these reasons for denial can help claimants navigate the LTD claims process more effectively, address any issues proactively, and seek recourse if they believe the denial is unjustified. It's advisable to consult with legal counsel specializing in disability insurance claims to explore options for disputing a denied LTD claim.
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- Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
- What Medical Conditions Qualify for Long-Term Disability?
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Long-Term Disability (LTD) insurance typically covers a wide range of medical conditions that significantly impact an individual's ability to work and perform daily activities. While the specific criteria for qualifying for LTD benefits may vary depending on the policy and insurance provider, here are common medical conditions that often qualify for Long-Term Disability coverage:
- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
- Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
- Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
- Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
- Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
- Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
- Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
- Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
- Degenerative Diseases: Conditions like osteoarthritis, degenerative disc disease, muscular dystrophy, and other progressive diseases that result in physical decline over time.
It's important to note that each LTD policy may have specific definitions, limitations, and exclusions regarding covered medical conditions. To determine if your medical condition qualifies for Long-Term Disability benefits, consult your policy documents, speak with your insurance provider, and consider seeking guidance from a healthcare provider or legal expert specializing in disability insurance claims.
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- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Can You Dispute Your Denied Disability Claim?
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Yes, you can dispute a denied Long-Term Disability (LTD) claim if you believe that the denial is unjustified or incorrect. Disputing a denied LTD claim involves challenging the decision made by the insurance company and presenting additional evidence or arguments to support your claim for disability benefits. Here are steps to effectively dispute a denied LTD disability claim:
- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- Gather Additional Evidence: Collect any new medical records, test results, physician statements, or other relevant documentation that strengthen your case for disability benefits. Ensure that this evidence directly addresses the reasons cited for the denial.
- Consult with Legal Counsel: Consider seeking advice from a lawyer specializing in disability insurance law. A legal expert can assess your case, provide guidance on disputing the denial, and represent you in negotiations with the insurance company if needed.
- Prepare a Detailed Dispute Letter: Craft a comprehensive dispute letter outlining the reasons why you believe the denial is incorrect. Clearly present the additional evidence, explanations, and arguments supporting your claim for disability benefits.
- Submit the Dispute: Send your dispute letter and supporting documentation to the insurance company within the specified timeframe outlined in your policy. Use a method that provides proof of delivery to ensure your dispute is received.
- Engage in Dialogue: Stay in communication with the insurance company throughout the dispute process. Be prepared to provide further clarification, answer questions, or provide additional information as requested.
- Consider Alternative Resolution: If direct negotiation with the insurance company does not lead to a resolution, explore alternative dispute resolution methods, such as mediation, to seek a mutually acceptable outcome.
- Legal Action: If all attempts to dispute the denial prove unsuccessful, you may consider taking legal action against the insurance company by filing a lawsuit. Your legal counsel can guide you through the litigation process and represent your interests in court.
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- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- What is Disability?
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Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.
Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.
In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.
Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.
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- 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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