The health and well-being of a developing baby is critical. Unfortunately, despite pre-natal testing, medical errors or oversights can and do occur, causing harm to the unborn child. Parents of a child born with a genetic defect or abnormality due to medical negligence need to know they have grounds to bring a claim.
Prenatal Lawsuits in Canada
Expectant parents rely on doctors to monitor the well-being of their developing baby. They trust their OB-GYN and other doctors to keep them apprised about the health of their unborn child and to identify any potential risks, conditions, or abnormalities. However, medical errors or oversights by doctors, hospitals, or testing laboratories sometimes occur and such risks are not always identified.
The parents of a child who was born with a congenital (genetic) defect or disability as a result of negligence on the part of a medical professional (typically a doctor) can bring what is known as a “wrongful birth” claim. Generally, these claims involve a situation where a fetus has a disability or birth defect while still in utero, and a medical professional fails to diagnose the condition, or fails to inform the parents of any potential risks of carrying the baby to term.
Wrongful birth is a separate cause of action than obstetric malpractice, which involves negligence or errors made during labour and delivery.
Wrongful birth actions can be extremely emotional and technically challenging, and involve complex issues of both law and medicine. These cases represent a very specific subset of medical malpractice claims best undertaken by lawyers with relevant experience in handling such matters. At Sommers Roth & Elmaleh, our team of skilled and dedicated medical malpractice lawyers have a track record of successfully representing parents in wrongful birth claims, and have compassionately guided and assisted families whose children are affected by medical errors.
Pre-Natal Medical Errors
At Sommers Roth & Elmaleh we focus on assisting families whose children have been affected by medical error. It is important to know that a wrongful birth claim can be brought many years after the birth of your child, however every claim is subject to certain important time limits. If you believe you have a claim against a hospital or against a doctor, nurse or other medical professional, contact Sommers Roth & Elmaleh as soon as possible to inquire about and preserve your rights.
We regularly represent families affected by:
- Brain Injury
- Cerebral palsy, Klumpke’s Palsy, Erb’s Palsy
- Spina bifida
- Shoulder Dystocia/Brachial Plexus Injury
- Hypoxic-ischemic encephalopathy (HIE), including partial prolonged HIE, sudden profound HIE, acute near-total HIE, perinatal HIE, intrapartum HIE,
- Neonatal encephalopathy
- Cord blood gases
- Cord base deficit
- Acute renal failure
- Acute liver failure
We can help you understand your options, will guide you through this emotional process, and help you plan for the future of your child and your family.
Damages in Pre-Natal Medical Error Cases
If you believe that you have been affected by hospital error, you may be eligible to receive compensation to provide financial security for yourself and your family going forward.
Parents of a child who was born with a congenital or genetic defect or disability as a result of a misdiagnosis, or failure to diagnose may be eligible for compensation, including general damages (money awarded in recognition of the stress and anxiety of raising a child with disability).
In addition to damages that may be awarded to victims and families in recognition of the injuries suffered, families may also be eligible to receive compensation for the costs incurred for caring for their injured or disabled child.
This includes funds for:
- Home Accessibility Modifications such as residential elevators, widened doorways, customized bathrooms, therapy pools, and others;
- Attendant Care Services such as private nurses (RN/RPN), Personal Support Workers (PSW), Disability Support Workers (DSW), or Rehabilitation Support Worker (RSW), that may not be covered by provincial government funding (ie: Community Care Access Centre [CCAC]);
The highly experienced medical malpractice lawyers at Sommers Roth & Elmaleh can walk you through the process of filing a wrongful birth claim, and help you understand what types of damages you may be able to obtain.
Contact the Medical Malpractice Lawyers at Sommers Roth & Elmaleh if Your Child was Born with a Defect or Disability Resulting from Pre-Natal Medical Error or Failure to Diagnose
If your child was born with a genetic or congenital defect or disability that should have been identified prior to their birth, you may have grounds for legal action. Contact Sommers Roth & Elmaleh to speak with one of our knowledgeable, compassionate medical malpractice lawyers. We have significant experience assisting families in this situation, and can help you understand your options, fight for your rights, and protect your family going forward. Call us at 1-416-961-1212 or contact us online for a free consultation.