Birth Injury Lawyers

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.

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What are the long term effects of birth injuries?

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?

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?

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?

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?

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?

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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When is it not appropriate to use forceps or vacuum extraction?

Forceps and vacuum extractions are not recommended: for women less than 34 weeks pregnant; when the baby has a condition affecting bone strength; when the position of the baby’s head is not known; when the head had not reached and passed the midpoint of the birth canal; when the baby’s arms, feet, shoulders or buttocks are leading the way down the birth canal.

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If forceps and vacuums are used during birth, is it usually a sign of medical malpractice?

No. These instruments can and often are used safely to assist wth difficult vaginal births. However, if your child sustained a birth injury and these devices were used, it is important to investigate to determine if improper use caused the injury.

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What are forceps and vacuums?

Forceps and vacuums are types of medical instruments used during assisted vaginal deliveries. Shaped like a pair of long tongs or spoons, forceps are slid on either side of the baby’s head to help guide it out of the birth canal. In a vacuum extraction, a properly sized rigid or soft cup attached to a handle is placed on the baby’s head and attached using suction.

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What are some symptoms of periventricular leukomalacian (PVL)?

Depending on the severity and location of the brain damage, a child may have no symptoms or experience significant disability. Symptoms often become more apparent over time and tend to be pronounced by six to nine months of age. They may include: spastic diplegia, cerebral palsy, developmental delays (mental and physical), poor coordination, vision problems and difficulty with eye movement, hearing loss, cognitive impairment and learning disabilities, developmental delay (mental and physical), scoliosis, seizures, urinary incontinence.

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How is periventricular leukomalacia (PVL) diagnosed?

Symptoms of PVL are frequently associated with other conditions and disorders. Therefore, a physical exam in itself may be the first step in a diagnosis, but confirmation usually comes from either a cranial ultrasound or magnetic resonance imaging (MRI).

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What is periventricular leukomalacia (PVL)?

PVL is a condition where damage to cells or cell death causes a softening of white brain tissue near the ventricles (fluid-filled chambers in the brain). It is believed that PVL is caused if the brain receives too little blood and/or oxygen.

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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.

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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.

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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.

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How does Gluckstein establish negligence in a newborn infection medical malpractice case?

For a newborn infection medical malpractice claim to be successful, a personal injury lawyer must establish that standards of care have been breached, that the breach directly caused serious harm to a person, and that another person's negligent action or inaction caused this harm. To establish negligence, we conduct a preliminary investigation into a client's medical files to determine when and how the infection started, how long it took to identify it, and how it was treated once identified. We also consult medical experts who can provide an opinion about whether it is reasonable to think a doctor with a similar level of experience under similar circumstances would have made the same choices based on protocols in place.

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When is a newborn infection considered medical malpractice?

A newborn infection can be considered medical malpractice if healthcare providers fail to adhere to the standard of care, leading to preventable harm or death, such as failing to diagnose or treat infections timely or adequately.

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What are some common newborn infections?

An infection can begin in utero (during pregnancy), at birth (during delivery) or after birth (in the first few days and weeks). Common maternal infections that affect the fetus/newborn include: toxoplasmosis, syphilis, rubella, cytomegalovirus, zika, HIV, Hepatitis B. Common infections a baby may be exposed to at birth include: streptococcal bacteria, gonococcal bacteria, chlamydia, escherichia coli (E. coli), listeriosis (Listeria monocytogenes), herpes simplex, HIV Hepatitis B. Some common postpartum infections include: bacterial meningitis, sepsis, conjunctivitis, pneumonia.

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When is a resuscitation of a new born medical malpractice?

If there have been signs of fetal distress, if a baby is not breathing or crying normally, or if it does not have a healthy colour or skin tone, a medical provider would likely determine that something beyond routine after-birth care is needed to assist the baby. If the baby’s heart rate is less than 100 beats per minute, some level of resuscitation effort is likely needed. More significant interventions are required if the baby’s heart rate falls below 60 bpm. If the standard of care to provide resuscitation in these scenarios are breached without extenuating circumstances, the medical provider's negligence may cause or contribute to a baby's injuries. This is called medical malpractice.

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What is the resuscitation of a newborn?

Newborns may require some level of intervention to help them with their breathing or to help them start breathing. Up to one in 10 babies born require simple stimulation (drying and rubbing) to help them breath. Three to six percent of newborns require basic resuscitation (bag-and-mask ventilation). Less than one percent need more serious interventions, including: endotracheal intubation, chest compressions and/or medication.

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When is jaundice medical malpractice?

Jaundice is a common condition in newborns. Often it will resolve on its own or with minimal intervention from medical providers. In more serious cases phototherapy or transfusions are used to reduce bilirubin levels. If a medical provider fails to identify, monitor and effectively treat jaundice, it can cause serious injury or death. Medical malpractice occurs when the standards of care are breached by a medical provider due to negligence and a patient suffers harm.

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What is the birth injury kernicterus (brain injury) from hyperbilirubinemia - jaundice?

As a body breaks down old red blood cells, it creates a yellow pigment called bilirubin that is processed by the liver prior to excretion. Some newborns have underdeveloped livers that cannot process this waste efficiently. If there is a delay or disruption in this process, bilirubin that builds up in the body may begin to collect in brain tissue and cause serious and permanent brain damage (bilirubin encephalopathy).

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How do you establish negligence in a birth injury case?

To establish negligence in a birth injury case, you must prove four key elements: a duty of care existed, that duty was breached, the breach caused the injury, and the injured party suffered damages.

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How do birth injuries happen?

Birth injuries can result from difficult labor, improper use of forceps or vacuum extractors, delayed C-sections, or lack of oxygen during birth. Some injuries are unavoidable, but others occur due to medical negligence.

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What causes seizures right after birth?

The underlying causes of neonatal seizures vary. They include:

• Lack of oxygen before or during birth;
• Infection acquired before or after birth;
• Stroke before or after birth;
• Blood clot or bleeding in the brain;
• Birth defects;
• Chemical imbalances;
• Metabolic disorders;
• Drug withdrawal.

About half of babies who experience seizures after birth will develop epilepsy later in life.

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Can a traumatic birth cause seizures?

Yes, children born prematurely or those who experience very difficult births are at an increased risk of suffering brain injuries that may lead to seizures in the first weeks of life.

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What is meconium aspiration and are there long-term effects?

Meconium aspiration syndrome (MAS) occurs when a newborn inhales meconium (their first stool) into their lungs, potentially causing breathing problems. While most babies recover fully, severe cases can lead to long-term complications.

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What are the early signs of Cerebral Palsy?

Early signs of cerebral palsy include developmental delays in reaching milestones like rolling over or sitting, abnormal muscle tone (floppy or stiff limbs), and unusual posture or movement patterns.

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What is the most common cause of cerebral palsy?

The most common cause of cerebral palsy is brain damage or abnormal brain development that occurs before, during, or shortly after birth. This is often due to factors like premature birth, complications during delivery, or infections during pregnancy.

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What is a brachial plexus injury and how does it occur during birth?

A brachial plexus birth injury is damage to the network of nerves (brachial plexus) that controls movement and sensation in the shoulder, arm, and hand, often occurring during childbirth due to stretching or tearing of these nerves.

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What should I do if my child has been injured?

Seek medical attention immediately. If possible, take photos of the scene of the accident, collect contact information of witnesses, and record your own observations or what your child can tell you about what happened. Speak to a pediatric injury lawyer as soon as possible to ensure your rights and your child's rights are protected.

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What will legal action cost? What will I have to pay?

Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation. We believe that you should not need to be independently wealthy to access justice for harm caused to you.

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How will I find out what happened to my child that caused a birth injury?

Our lawyers will use a combination of resources to determine what happened in the context of a birth or perinatal injury.

We will start the investigative process by obtaining the medical records and by gathering information from our clients.

We will then seek out the most appropriate medical and non-medical experts to interpret and provide opinions and expertise as to whether there was a breach of the standard of care, whether that breach caused or contributed to the injuries, and the extent of the injuries suffered.

Throughout the litigation process, we will receive further evidence as to what happened through the exchange of documents between parties and through the Examination for Discovery process.

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How long do I have to file a lawsuit if I suspect my child has sustained a birth injury or perinatal injury?

Typically, in Ontario, you have two years from the day which the injury occurred, the day you discovered that the injury had occurred, or the date you ought to have reasonably known about the injury to bring a lawsuit for a personal injury claim. In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the lawsuit.

It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful to learn about your legal rights early.

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What do our birth trauma lawyers do?

If you believe your child or grandchild has suffered a preventable birth injury we can help make that determination. We start by meeting with you to get the facts. We then obtain all the relevant medical records and perform a detailed and comprehensive review. Where indicated, we will consult with highly qualified, respected and independent doctors to get the answers you need and deserve.

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What are birth injuries?

A birth injury is harm caused to a fetus or newborn baby during pregnancy, labour, delivery or in the period shortly after birth. Most birth injuries are related to a disruption in blood flow to the fetal brain, although other forms of trauma also occur at or around the time of birth. If severe enough, the impaired flow of oxygen can cause permanent injury resulting in a diagnosis of Cerebral Palsy.

Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of a person's life. They will have need for care, therapies and/or surgical interventions, often for life.

Other common birth injuries include:

• Shoulder dystocia;
• Fetal and neonatal stroke;
• Kernicterus;
• Meconium aspiration syndrome;
• Negligent resuscitation of a newborn;
• Trauma from extraction tools.

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