While any kind of mistake by a medical professional can cause serious injuries, negligence that causes harm to a newborn child or their mother can have especially catastrophic results. Injuries sustained during childbirth may result in physical, cognitive, and developmental defects that last for the child’s entire life.
If your family suffered this kind of medical negligence, talking with an elite trial lawyer about your legal options may be in your best interests. Once retained, a compassionate Ottawa birth injury lawyer could help investigate your potential claim, collect and present evidence of a healthcare provider’s negligence, develop a comprehensive case on your behalf, and seek financial compensation for your medical expenses, financial loss, and non-pecuniary damages.
Unfortunately, some doctors or other healthcare providers in Ottawa hospitals have caused serious physical harm to both newborns and mothers before, during, and even after childbirth. Common causes of actionable birth injuries in our area include, but certainly are not limited to:
Carelessness by an obstetrician, nurse, midwife, ultrasound technician, delivery room assistant, or physician during the labor and delivery process could have lifelong consequences. Children who are injured at birth may develop cerebral palsy or Erb’s palsy, sustain nerve injuries, or suffer brain damage due to skull fractures or lack of oxygen. Particularly severe incidents can result in wrongful death, in which case our team can help surviving loved ones pursue a Family Law Act claim.
However, a newborn or their mother suffering harm is not always caused by medical negligence. A viable birth injury case must be able to show that the defendant healthcare provider failed to meet the medically accepted standard of care, and that their failure to meet this standard directly resulted in foreseeable and demonstrable harm to the patient or their newborn child.
A successful birth injury lawsuit filed with a lawyer’s expert help can recover all medical expenses stemming from the medical negligence, including occupational therapy, attendant care, and medications. If a birth injury results in serious disfigurement or lifelong impairment to an impacted child or mother, it may also be possible to obtain compensation for loss of future earning capacity, future special education expenses, and pain and suffering.
It is important to note that there are strict limitation periods that apply to claims for birth injury. Typically, the limitation period to commence a tort lawsuit in Ontario is two years from the day the injured person knew or ought to have known that an injury was caused as a result of negligence. However, if the victim is a minor, the standard two-year limitation period that applies to most personal injury claims does not begin to run until the injured child’s 18th birthday. It is important to consult with a lawyer as soon as you know of or suspect that medical negligence may have occurred in order to clarify what limitation period applies to your potential claim. If you miss a limitation period, you will have no legal recourse against the negligent party.
A trial lawyer in Ottawa can help parents gain a better understanding of what long-term physical and developmental issues a particular birth injury might ultimately cause.
Any injury suffered by a newborn child is undoubtedly tragic. Legal action against the responsible healthcare professional may be warranted if your child’s birth injuries were avoidable. If you want to pursue a civil claim, work with a dedicated legal advocate at our firm.
A knowledgeable Ottawa birth injury lawyer will serve as a crucial and dependable ally in your fight to get the compensation you deserve. Get in touch with our team today to schedule a free consultation.
Nicholson Gluckstein Lawyers