As a parent, you have a responsibility to advocate for your child, particularly if they have unique mental or physical conditions. Sometimes, advocating for your child may even require you to take legal action. For instance, Montreal parents prepared to take legal action against the Quebec government to demand adequate educational support services for their children with autism. Another example is filing a birth injury lawsuit to seek compensation for any physical trauma you or your child suffered during birth. Birth injury law falls under the umbrella of medical malpractice law and constitutes a specific form of personal injury. The ultimate goal of birth injury lawsuits is to gain financial compensation for the mother or child’s sustained injury.
For someone who is not a legal expert, navigating birth injury lawsuits can be confusing and overwhelming to navigate. However, it’s essential to educate yourself on this subset of law in order to attain the justice that you and your child deserve.
What is a birth injury?
A birth injury is any type of severe injury – or even mortality – resulting from trauma to the infant or the mother shortly before, during, or after childbirth that was ultimately caused by the negligence or malpractice of a medical practitioner. Some examples of such negligent practices include the failure to diagnose and/or treat preeclampsia, failure to properly address umbilical cord complications, and improper use of forceps or vacuum.
What are some common birth injuries or conditions resulting from birth injuries?
A few of the most common birth injuries or conditions resulting from birth injuries include:
- Brain damage
- Newborn jaundice
- Cerebral palsy
- Spinal cord injuries
- Infant hematoma
How can I tell if my child’s condition is the result of a birth injury?
In certain circumstances, it can be difficult to tell if your child’s mental or physical condition was caused by natural causes or by a birth injury. Think about your birth and consider if any of the following incidents took place during or shortly afterwards:
- Infant admission to the Neonatal Intensive Care Unit (NICU)
- Neonatal seizures
- Failure to cry at birth
- Infant required resuscitation at birth
- Infant could not breathe independently at birth
Any of these could be signs that your child suffered a birth injury due to medical negligence or malpractice and that you could be entitled to compensation.
Where can I seek assistance in pursuing legal action?
To gain some professional insight and aid in pursuing legal action, you will need to hire a birth injury lawyer. Much like general personal injury lawyers, birth injury attorneys have specialized expertise in the field and understand how to navigate the judicial system effectively. Organizations like the Birth Injury Lawyers Alliance serve clients across Canada, seeking justice and compensation for affected families. Since the Alliance’s inception in 2016, this legal team has built an exceptional track record, winning millions of dollars in settlements for clients.
Given that your child cannot advocate for him/herself, it’s essential for you to speak up and seek justice when needed. If you or your child sustained a birth injury that led to a permanent mental or physical condition due to medical negligence, you could be entitled to financial compensation. Not only will it help cover any ongoing medical costs your child may require, but it will hopefully help make up for any pain and stress you and your child may have endured.
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