Birth Injury/Defect Lawyers
Birth injuries and birth defects happen for a variety of reasons, but in cases where the birth trauma occurred due to medical negligence, a careless mistake made by your healthcare provider, you may be eligible for compensation. Where that compensation can provide additional medical care, rehabilitation services, or assistive living aids, it could radically change the quality of life for those affected.
Learn more about birth trauma with the HARRISON PENSAâ„˘ Personal Injury Group, a team of professional with years of relevant experience.
Briefly about birth injuries
The causes of birth trauma differ greatly, but may follow two scenarios such as these:
1. The doctor or nurse failed to assess or respond to conditions.
2. The birth injury or defect is a result of prenatal care or some prescribed drugs.
Birth injuries can occur before, during, or after labour and delivery for a variety of reasons. The harm can have a lifelong impact on the future life of the child and their family.
Birth injury vs. birth defect
It may be difficult to determine the cause of the birth trauma. Because of that a comprehensive investigation is required. For instance, a child born with cerebral palsy may not have had enough oxygen during delivery which may be the result of negligence on the part of the physicians or nurses, or it may be the result of unavoidable complications such as infection.
How to prove your case
No matter what the situation is, in order to determine whether or not a birth trauma was preventable, evidence will need to be provided showing that the medical professionals failed to give the baby adequate medical care or didnâ€™t give proper medication or advice to the mother during the pregnancy. If there is evidence that the injury could have been avoided and the doctor or nurse caused or failed to prevent the birth trauma, you need to find experienced and skilled legal assistance as soon as possible.
To prove that the health care provider is at fault, it must be shown that their conduct fell below the established standards of medical or nursing care. This is key in determining whether or not the medical or nursing professionals can be held accountable. Our team will consult with medical experts, who are qualified in the same area of medicine and can review whether or not the generally accepted standards of medical care during the pregnancy, labor or delivery were maintained. We then work with the medical experts to prove the cause and hold those responsible for negligence accountable.
Injuries to your baby during pregnancy or during labor and delivery can impair your child’s ability to learn and live independently through to their adolescence and long after you are able to continue to care for them. The life-long losses suffered by an injured baby and family are often catastrophic and complex and require experienced legal counsel to investigate and prove with the use of eminent medical experts and economic loss evaluators.
Call, email, or drop by our office for a free consultation today. If you are unable to travel, we will travel throughout Southwestern Ontario and Toronto to meet with you.