Are you the parent of a child that suffered from a birthing room injury?
Obstetricians and other health care workers can make mistakes, and in rare cases, can cause injuries to the mother or her newborn.
At the law offices of Greg Monforton & Partners, our medical malpractice lawyers are available to review your incident and explore your legal options.
Common Delivery Room Errors
Many birth injury errors lead to the baby suffering from a lack of oxygen for an extended period of time; others include physical damage that occurs during the delivery process. Either of these types of birth injuries can lead to serious, permanent damage such as physical disabilities and neurological disorders like cerebral palsy.
Every year, between 40 and 50 lawsuits begin in Canada that claim a baby suffered serious harm in the delivery process. Approximately ¼ of these cases lead to the child being awarded compensation.
There are several categories under which a case can fall. Many cases with a successful outcome fall into one of those listed below
- Delayed Delivery
The most common type of birth injury lawsuit involves a delay in delivery. During this crucial time in the birthing process, there are many possible reasons for complications. Some babies have trouble and require a quick delivery. When delivery is delayed under such circumstances, it can cause serious personal injury or even death.
In most cases, there are symptoms that warn a baby is in distress. These can include an abnormal heart rate, excessive bleeding or the presence of meconium (a babys first stool). These warning signs usually mean that doctors must act immediately to deliver the baby, in order to prevent serious damage.
- Delayed Recognition of Foetal Distress
Monitoring a baby's heart rate has been a significant part of the delivery process for over 30 years. Heart monitoring equipment can warn healthcare staff of a baby's distress, indicating that it should be delivered right away through either a cesarean section or expedited vaginal delivery.
Cases in which health professionals failed to recognize or acknowledge these warning signs are the second-most successful lawsuits in the area of birth injury law. In many of these cases, a print-out of the foetal heart monitor serves as critical evidence in establishing proof that an error occurred.
- Failure to Assess
The third most commonly occurring birth injury case involves a failure to assess by healthcare staff. This means that the medical workers involved in the labor and delivery process failed to communicate with each other, failed to examine the mother and baby thoroughly, or failed to order the appropriate tests or investigations. These types of cases usually involve a doctor or nurse overlooking or failing to investigate important warning signs that there may be complications during birth.
- Improper Use of Forceps
Some rare cases of birth injuries involve a doctors incorrect or inappropriate use of forceps during delivery. These medical instruments are designed to aid in the delivery process. Forceps are used to apply traction to a babys head. When a doctor misplaces the forceps or uses too much force, it can cause severe trauma to the head. This type of injury is more common when a baby is positioned high in the birth canal or the doctor is unable to properly engage the head.
Contact Our Windsor Birth Injury Law Firm
The birth of a baby is supposed to be a joyous time in a mothers life, as well as for her family. When a birth injury occurs, this joy can be destroyed. Although no doctor would intentionally harm a mother or her newborn, there is no excuse for the potentially life-long damage that a birth injury can cause.
If you believe that you or your baby sustained an injury during delivery, we may be able to help. The lawyers at Greg Monforton & Partners can help determine whether you have a case and answer your questions about your legal rights and options. We are proud to serve the citizens of Ontario, and offer comprehensive legal services to birth injury victims in the following areas:
- and areas throughout the province
You deserve justice. To get started online, simply fill out our FREE Case Evaluation form ""here".
Alternatively, call (866) 320-4770 today to find out if you have a case.