Midwifery is an essential profession in the healthcare field. It is responsible for looking after a mother and her baby throughout the entire pregnancy, labour and delivery process. In Canada, midwives count for a little over a thousand professionals, with the majority practicing in Ontario.
Often, the parents of a newborn may notice some unusual signs in the child’s behaviour or physical appearance. If these signs are not noticed immediately, certain limitations or symptoms might emerge in the child’s body. This leaves parents with doubts and few options on what to do.
In some cases, the injuries that babies suffer result from midwife negligence. This is one of the many forms of medical malpractice in which midwives either mistreat their patients, provide incorrect exams or diagnoses, or conduct a series of wrongdoings (sometimes unknowingly) during a patient’s antenatal care or labour.
This negligence results in babies and mothers alike developing personal injuries.
If you believe you have been a victim of medical malpractice, contact our lawyers at Sommers Roth & Elmaleh. Our team has extensive experience in midwifery malpractice and can assist you with your case.
What is Midwife Negligence?
Midwife negligence is a form of medical malpractice that can often be difficult to spot at first. However, the parents of the child can look out for signs if they ever start noticing changes in their physical appearance or behaviour. Once they suspect that has been midwife negligence resulting in personal injury, the parents can investigate further.
Midwife negligence occurs when a midwife makes a mistake during a woman’s pregnancy, labour or delivery, and even after the birth of a child. This type of negligence commonly results in illness, infections or personal injuries to a mother and her baby.
Some common midwife errors happen due to the following reasons: untreated illnesses or infections, a lack of attention to oxygen during birth, damage to a baby’s brain, rupture of a mother’s uterus, mistakes with medications or diagnosis, nerve damage caused by pulling or twisting the baby, not consulting an obstetrician when problems arise, or not monitoring a mother closely. The list is long and can bring a series of negative impacts to both the mother and baby.
How Your Baby Could Be Impacted By Midwife Negligence
Newborn babies can be severely affected by midwife negligence and face several problems that can cause long-term physical and mental damage. Some of these issues include:
- Cerebral palsy
- Erb’s palsy
- Brain damage
- Shoulder dystocia
Such problems can be related to negligence during labour or delivery, mishandling of the baby, and damage to a baby’s nerves, bones or muscles, which lead to dystocias, palsies or even infections.
How Midwife Errors Affect Mothers
In the same way as babies, a number of physical complications can affect mothers if a midwife commits negligence. Examples include infections, rupture of the uterus, hemorrhage, and strokes.
Aside from physical injuries, mothers also suffer mental distress and trauma. This not only affects them, but their partners, families and loved ones as well.
Filing a Midwife Negligence Claim in Canada
In Canada, there is no timeline for filing a personal injury claim against a midwife. Anyone can file a negligence claim against a midwife, whether it be a mother, her partner, family or friends.
In the case of midwife negligence and malpractice, you can file a claim against:
- a specific individual who practices midwifery
- a group of midwives
- a doctor or team of doctors and other medical staff
- the hospital institution
To file a midwife negligence claim, you must gather hospital bills, medical records, statements, documents and testimonies from witnesses regarding the negligence. You need to demonstrate either the mistreatment of a midwife towards you, a lack of care on their part when handling your newborn child, or a mistake they made when diagnosing you or reading your exam results.
Successful midwife negligence cases are directly linked to compensation that fully covers any expenses or monetary losses related to medical treatments, medications, special tools or emotional trauma.
When patients can prove that a midwife’s negligence was caused because of a lack of expertise on the midwife’s end, shortages of staff or resources or equipment, or incorrect monitoring and care, the mother may be eligible to receive millions of dollars in compensation.
Choose Sommers Roth & Elmaleh as Your Midwife Malpractice Lawyers
At Sommers Roth & Elmaleh, we specialize in medical malpractice. Our professional team of lawyers has extensive experience in assisting clients that have sustained personal injuries due to cases of medical malpractice from midwives.
With our specialized expertise in medical malpractice claims and lawsuits, we understand how finances play a major role when dealing with cases of personal injuries related to medical malpractice. After all, medical bills can be very costly.
Settlement results can be life-changing for many families. If you believe you have been a victim of midwife negligence and malpractice, don’t hesitate to contact us. We work on a contingency-fee basis and will actively study your case and assist you with your claim in the best way we can.
Midwife malpractice can have severe and irreversible damage to you and your child, and there is no need for you to go through this alone. Reach out to us at 1-844-777-7372 and book a free consultation today. Our experienced medical malpractice lawyers will attend to your needs and ensure you win your case.
Our Notable Midwife Negligence Cases
- Girl with Cerebral Palsy Recovers Over $15.6 Million for Obstetrician’s Botched Forceps and Vacuum Delivery.
- Family of Boy with Permanent Brain Damage Recovers over $10 million – Substandard Care and Delay in the Treatment of Severe Neonatal Hypoglycemia by Negligent Doctors and Nurses.
- Parents of Brain Damaged Baby Recover Over $7.7 Million Due to Negligent Management of Labour and Use of Oxytocin.
- Physicians Negligent – Family of Brain Damaged Baby Recovers $7 Million after 110 Day Trial.
- Negligent Vacuum Extraction During Delivery Causes Permanent Brain Damage to Otherwise Healthy Boy — Family of Brain Injured Child Settle for Close to $7 Million.