Family recovers funds to rebuild after death of newborn due to actions of Labour Delivery Unit

Mom and Dad were a young, hardworking, successful immigrant couple. Mom became pregnant with their first child.

Towards the end of the pregnancy, Mom became concerned because of spotting and decreased fetal movement. She went to the Hospital where she was seen by a doctor and then discharged home.

Contractions began the following morning and she was admitted to the Hospital in labour. The Labour and Delivery Unit staff detected an abnormal fetal heartrate. The only obstetrician on-call that night was busy with another delivery. The Hospital had no second on-call system. Ninety minutes elapsed before Mom was finally assessed by the obstetrician.

Shortly thereafter, the heartrate worsened. Mom was sent for an emergency caesarean section. The paediatrician on-call was at home that night. He was paged twice to attend the delivery, but initially refused.

After a further inordinate delay Baby was delivered, essentially stillborn. The pediatrician was not present to resuscitate her.

Mom and Dad became severely depressed. Both were unable to work and Dad’s business failed. Family members were forced to quit their jobs overseas and relocate their families to Canada in order to assist and care for the couple.

With the help of Sommers and Roth, the couple recovered funds to assist in rebuilding their lives, and gained a measure of closure.

Sommers Roth & Elmaleh Professional Corporation has over 40 years of experience in medical malpractice litigation in the Greater Toronto Area (GTA), Ontario, and across Canada.

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Disclaimer: Past results of cases and recoveries by our medical malpractice/medical negligence 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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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.