Birth Trauma Injury

May 19, 2020, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Giving birth should be a joyful time for parents. Sadly, sometimes things go wrong.  In North America slightly fewer than 1% of births result in injuries to the child or the mother. For these cases the outcomes can be profound and life long. They can even result in the death of the mother or baby.

At the time of the birth of the child, and where complications have occurred, it is very difficult for the family to ask questions of the medical team as to what has happened. In many instances little information will be volunteered by the medical team. Birth trauma cases are complicated. The birthing process involves several parties and factors, any of which could play a significant role in the unfortunate outcome of a birth trauma. Trying to determine the at fault party and the substandard care is very difficult. In addition to finding out “what went wrong”, one also must show that the action or actions that were below the expected standard of medical treatment was the cause of the birth trauma and lifelong injury.

Birth injuries can include Brachial Plexus injuries (nerve damage which causes paralysis in the arm); fetal and neonatal stroke; Hypoxic Ischemic Encephalopathy (HIE); Shoulder dystocia; Spinal cord injuries; Jaundice, Kernicterus and Hyperbilirubinemia; Meconium and Meconium Aspieraton Syndrome; Newborn infections; Seizures; Trauma from forceps and vacuum; Cerebral Palsy; Facial Paralysis. Any of these incidents, and others, may result in a serious physical impairment or brain injury that will irreparably alter the course of the baby’s life resulting in lifelong and expensive needs. The injury could arise due to improper treatment prior to the birth; errors in the birthing process; or develop and be revealed during the first few months after birth. 

Injuries from the birthing process can result in very serious lifelong physical and mental/cognitive trauma to the newborn child. Where serious injury has occurred, there can be significant future cost consequences. The prospects of the child and future needs must be assessed. This would include the future loss of income due to the inability to work; medical, rehabilitative and attendant care needs. This is can be extremely daunting trying to determine and calculate future losses. In addition to the child’s losses, birth trauma injuries will often result in financial hardships for the family, particularly parents. Where there is a need for constant care and supervision it will be difficult for a parent to maintain employment. Parents will be concerned about their child’s immediate and future care, and this will also include concerns for the care of their child after the parents are no longer able to assist.

Birth trauma cases are extremely difficult due to the medical complications. While some injury is due to an unfortunate and perhaps unavoidable accident, there are times when the birth trauma is the result of a preventable mistake or some negligence on the part of the delivery team and health professionals. The mistake or negligence can arise where there is a failure to identify or assess a high risk pregnancy; delay or failure to recognize signs that the baby is in distress; improper use of forceps; delay in delivery; the improper administration of medications; the failure to properly monitor mother and child before and during the pregnancy and birth. Given the complications of the birthing process, there are many areas where negligence resulting in serious harm to the baby can occur. A birth trauma lawyer, along with the assistance of medical experts, can review the medical information and assess where an error occurred and further determine whether that error resulted in an avoidable serious harm and lifelong impairment to your child.

If you have concerns about the birth of your child and outcome, and you have concerns for your newborn child’s future, then don’t hesitate; contact our firm to assist you with an assessment of your family’s particular matter.

Common Questions About Birth Injury Damages in Canada:

1. How do I chose a birth Injury lawyer? Success of any litigation is closely tied to the experience of the lawyer in your kind of case. You should feel comfortable with your lawyer and trust her/him.  Ask around at work and from your friends who they have used to litigate cases. If you already have a lawyer ask him or her for a referral to a personal injury lawyer. Remember that lawyers often off a free consultation.
   
   Make sure you are prepared for your consultation with your notes, and questions. This is your chance to assess the lawyer and to gather advice about your case.
    
2. How long does the typical Birth Injury Case take to settle? The length of these cases can vary but they are usually at least two years to complete. Settlement may occur our of court, or may proceed to court in which case they will take longer to settle.
    
3. What should I do if my child or mother of my child is injured or dies during birth? Make sure you take careful notes with names, times and witnesses. Make sure to keep these current and to bring them to your lawyer. This is an emotional time and the grief or shock can make recalling detailed information very hard.

If you have concerns about the birth of your child and outcome, and you have concerns for your newborn child’s future, then don’t hesitate; contact our firm to assist you with an assessment of your family’s particular matter.

Contact us today to set up your free consultation.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.