It is easy for a delivery room to turn into a courtroom issue. Every year, families enter hospitals, placing their trust in doctors and nurses to ensure a safe birth. Yet, errors can change everything in an instant.
For example, a recent study found that failed instrumental deliveries cause neonatal trauma in 20-33 out of every 1,000 live births. Mismanaged fetal distress, delayed C-sections, or mistakes with medications are also identified as leading causes of birth injury.
These events are considered medical malpractice when proper care was not provided, hence the transition to a legal dispute.
This blog provides clarity on birth injuries, what families should know about medical malpractice, and the support available from experienced legal experts.
What makes birth-related medical malpractice different from other claims?
Medical malpractice is different from other hospital errors or claims. For one, it involves two patients at the same time: the mother and the baby.
Most medical mistakes happen with a single patient, such as a wrong surgery or a misdiagnosis. Birth-related mistakes are tougher. They have lasting harm that affects a child’s development.
These situations require special legal and medical expertise to determine if proper care was provided. The decisions are urgent and can be life-changing. More so, its processes are more detailed and sensitive than standard medical claims.
Where Things Go Wrong (Inside the Delivery Room)
A little mistake in the delivery room can cascade into life-altering outcomes. Understanding common mistakes helps families identify birth injuries early. Some frequent errors include:
- Failure to monitor fetal distress: If a warning sign is missed, urgent care can be delayed. This can increase the risk of brain injury or oxygen deprivation.
- Delayed intervention: Slow responses to complications, like a needed C-section, can lead to severe birth injuries.
- Improper handling during delivery: The incorrect use of tools or techniques can cause fractures or nerve damage.
- Medication mistakes: There are cases where a wrong dose or timing harms the baby’s health or affects the mother’s recovery.
Medical Negligence vs. Unavoidable Complications
Canadian law draws a clear line between preventable mistakes and unavoidable risks.
- Medical negligence is preventable. It happens when a doctor or nurse fails to follow the accepted standards of care. This includes ignoring warning signs, medication errors, or wrong use of delivery tools.
- Complications are unavoidable. They happen despite proper care. It could be that the baby is in a difficult position or an unexpected health issue arises. While doctors can respond correctly, outcomes could be beyond their control.
The clear difference helps families know when a medical negligence claim might be valid or not.
The Burden No One Talks About
A birth injury does more than affect a child’s health; it changes the daily life of the whole family. Children may need ongoing rehabilitation, specialized therapies, or adaptive equipment.
Additionally, parents face emotional strain, worry, and stress. Siblings can feel neglected or overwhelmed. Families may also need to adjust work schedules to be present in medical appointments. Financial expenses are a concern, too.
These challenges show why accountability should never be an afterthought. Medical malpractice claims can help families access resources needed for their child’s care.
How Lawyers and Experts Prove Medical Malpractice
Proving medical malpractice in birth-related situations takes careful work. Lawyers start by reviewing medical records.
Independent medical experts examine tests and reports. Then, they compare the care provided to see if it breaches the accepted medical standards.
Next, lawyers connect errors to a birth injury. They demonstrate how delayed interventions, improper procedures, or mistakes can lead to harm. Witness testimony from nurses, doctors, or other staff may also be helpful.
The process could sometimes be emotionally consuming and methodical. It requires patience, experience, and knowledge of both law and medicine.
Limitation Periods Families Must Not Miss
Most medical malpractice claims must start within two years of the date the injury was discovered.
If a child is affected, special rules apply. Parents may have more time to file. Missing deadlines can close the door on justice and compensation.
Early legal advice is always the best route. It creates time for a birth injury lawyer to gather medical records, provide expert insights, and meet court deadlines.
Beyond Compensation: How Legal Action Drives Safer Hospitals
Legal action for medical negligence has two important effects. First, it provides support and resources for the affected family. Second, it shines a light on mistakes that could have been prevented and pushes for a change.
Hospitals respond by reviewing procedures and improving protocols. Staff receive extra training, and equipment and monitoring practices are updated.
By always seeking justice, families can protect other mothers and babies from similar birth injury situations.
Our Birth Injury Lawyers Guide You Through the Hardest Journeys
Sommers Roth & Elmaleh is one of the leading birth injury law firms in Ontario. Over the years, we have grown as a one-stop location for families keen on justice and compensation. This is because we truly understand the pain, stress, and uncertainty these situations bring.
Our team has successfully handled high-profile cases and made notable recoveries to support affected families. For example:
- Over $15.6 million was recovered for a girl harmed by botched forceps and vacuum delivery.
- A man with cerebral palsy due to severe hypoxic-ischemic injury received over $11 million.
- $8 million was awarded to a girl with cerebral palsy caused by prolonged tachysystole during labour.
These are just a few cases of our very long list. Families across Canada, including in Ontario, Alberta, and Quebec, trust us to guide them through every step. Call us today at 1-844-414-0121 or reach out online to start your free consultation.
FAQs for Families Facing the Unknown
Does pursuing a claim mean going through a stressful trial?
Not always. Many birth injury claims settle out of court. However, it is important to contact a skilled lawyer to have better counsel and representation in a trial if it seems like the best solution.
Can a birth injury affect my child’s future schooling and independence?
Yes. Some birth injuries can impact learning, mobility, or daily activities. However, early therapy, adaptive tools, and ongoing support can help children reach their potential.