8 signs of midwife negligence you should look out for

8 Signs of Midwife Negligence You Should Look Out For

Medical malpractice is a delicate subject comprising various cases and situations involving patients that develop personal injuries due to the negligence of doctors, nurses, specialized physicians or practitioners, as well as midwives. The main duty of a certified midwife is to assist patients during pregnancy.

During the entire period in which a woman is pregnant, constant prenatal and neonatal care is necessary to ensure both mother and baby are healthy. It is the duty of a midwife to provide mothers and doctors with ongoing assistance during gestation, labour, childbirth, and post-delivery. 

According to the Canadian Association of Midwives, in Canadian provinces, professionals in this line of work are often in high demand in the market, assisting in thousands of successful births every year. 

However, it is still crucial to highlight the unfortunate events that may lead to medical malpractice and, consequently, birth injuries while a midwife is responsible for the care of a mother and her baby.

What is midwife negligence?

Many mothers notice certain physical injuries in their newborn children, either right away or not long after giving birth, that are a direct result of medical malpractice from a midwife's negligence. Such injuries can, more often than not, lead to conditions that cause great distress for both mother and child.

Midwife negligence refers to the medical malpractice of a midwife that results in a child sustaining personal injuries or developing issues later on due to complications at birth. Negligence from a midwife can include mistreatment, misreading medical exams or records, wrong diagnosis, improper equipment, or a number of errors and failures that can occur during labour and delivery.

Failure to constantly monitor a baby, not referring a mother to the emergency department when necessary, the inappropriate use of physical force, or improper treatment of infections are all considered examples of midwife negligence.

If you believe that your newborn is currently suffering due to the lack of care and malpractice of a midwife, continue reading to know some of the signs you should look for before going forward with a medical malpractice claim.

Signs of Lifelong Injuries in Your Child to Watch Out For

The results and consequences of a midwife’s malpractice can be long-lasting and quite severe for the overall health of a child. Some of the most common conditions include:

Birth injuries may often occur as a result of a midwife’s negligence during the process of labour and delivery. They can delay oxygen for newborns, leaving them with rigid muscles and delayed development due to cerebral palsy, for example. 

Other conditions have clear signs that parents can monitor, for instance, yellowish skin due to infant jaundice or damaged nerves that cause brachial plexus injuries, a condition in which a newborn’s nerves are stretched, compressed, or torn. 

Nerves can also tear if there is a failure to predict or avoid shoulder dystocia, which can lead to Erb’s Palsy.

For mothers, the negligence of a midwife can cause infections, incontinence, strokes, lacerations, uterine rupture, hemorrhage, and overall trauma and distress.

How to Know if You Were a Victim of Medical Malpractice and Midwife Negligence

It can be quite difficult to point out medical malpractice or negligence at first. Therefore, it is vital for parents not to ignore any evidence that shows something might be wrong with their child. Any sign of illness, injury, or unusual behaviour must be carefully evaluated.

To file a medical malpractice claim, patients need to gather all medical records and any statements that point to a newborn’s personal injury being caused by the negligence of a midwife. It is important to show solid proof of a breach in the duty of care of the midwife with the mother and the child.

Successful cases lead to compensation for any treatment costs or money loss, as well as coverage for emotional trauma and overall support. It is possible for the parents of a child that has suffered a brain injury due to the negligence of a midwife to receive compensation worth millions of dollars.

In need of a medical malpractice lawyer?

At Sommers Roth and Elmaleh, our medical malpractice lawyers are experienced in the Canadian medical system and hold a proven record of successful cases and satisfied clients.

With decades of trial experience, Sommers Roth & Elmaleh is recognized as one of the most reliable medical malpractice law firms in Ontario and across Canada at handling medical malpractice claims. Our competent lawyers work hard to ensure families can move past their darkest times and go forward with a well-resolved case.

If you need more information about labour and delivery negligence and wonder how we can help you, contact us for a consultation. Give us a call at 844-777-7372, and we will assess your case in order to help you in the best way we can.

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    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
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    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


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    23 May 2023
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