Birth Injury Lawyer in Alberta
Giving birth to a child is a wonderful, almost miraculous, experience. It is a joyous occasion that opens a door to a whole new world for you and the rest of your family.
However, sadly, neglect on the part of medical practitioners can turn this happy time into one that is filled with pain and anguish. When birth injuries happen, they may be serious and can end up having a long-term negative impact on the lives of you and your child.
Should that happen to you, it is important to seek legal advice. We appreciate that the last thing you want to do when your child or partner is seriously ill is to talk to a lawyer. You are worried about them and probably in a state of shock. But, we urge you to do so.
The sooner you do the more likely it is that you will secure a good level of compensation. Effectively gathering evidence during the early stages and asking the right questions can make a positive difference to your case. We are here to guide you through all of this.
If you want to know more about birth injuries, please read on. Below, we explain why they happen and how we can help you to cope should you find yourself in this difficult and challenging situation.
Get a Birth Injury Lawyer in Alberta
There are many reasons why birth injuries occur. They can be caused by the following:
Medical errors and oversights made before or during pregnancy
Errors made during the labour and delivery process
Errors made after birth (neonatal)
Common examples of birth injuries due to negligence or inaction
The negative results of inaction on the part of the medical professionals caring for you and your baby during pregnancy, delivery and directly after birth are often serious. Here are just a few examples of birth injuries that are relatively common:
Brain injuries caused by a lack of oxygen
Cerebral palsy that develops due by improper care
A rapid fetal heartbeat that is not recognized and properly responded to
Unrecognized Meconium Aspiration Syndrome (MAS)
Mismanaged shoulder dystocia
Undiagnosed infections being passed from mother to baby
Nerve damage caused during a mismanaged birthing process
Broken bones caused by too much force
Why You Need a Birth Injury Lawyer in Alberta
If you or your child has suffered an injury during your pregnancy, or the birthing process, it is essential that you hire a lawyer that has the right experience. These cases are typically quite complicated. Also, because the level of compensation that needs to be paid can be high, most clinics, hospitals and medical practitioners will fiercely fight those claims. Only an experienced Canadian birth injury lawyer can anticipate and successfully counter their defence strategies.
We will look at all of the evidence and quickly work out what may have gone wrong. Using this information, we will put together a strong case for compensation. Cash that your family will need to be able to seek proper treatment. For many children having access to the right medical support, drugs, equipment, opportunities, and physiotherapy results in the long-term negative impact of the injury is considerably reduced.
Once your lawyer has carefully assessed your case, they will identify how to proceed. One of the options is to seek an out of court settlement, which can result in a faster payout. But as experienced birth injury lawyers, we understand that this is not always possible. So, while we will usually try that avenue, we are mindful that your case may end up in court. We use the negotiation process to gather more evidence to support your case. As well as ensuring that the way things are handled does not give the other party ammunition that they could use against you should we have to go to court.
If litigation is unavoidable, we will handle all of the paperwork and filing processes on your behalf. This leaves you free to spend your time and energy taking care of your child, helping them to recover from their injury and get your family life back on track.
We use the Life Care Plan approach. This ensures that the level of compensation covers all ongoing costs for the lifetime of your child. Including things like medical support, drugs, and specialist equipment. As well as loss of earnings. This can include your future earnings and those of your child. To ensure that all of this is covered by your claim, we consult with you and an expert life care planner.
Picking a Birth Injury Lawyer in Alberta
When picking a birth injury lawyer in Alberta, it is wise to select one that is a member of the Birth Injury Lawyers’ Alliance of Canada (BILA). Ideally, you want one, like us, that already has a presence in the province. We are fully conversant with the way the law is applied in the area and how the various medical institutions function. Having this kind of insider knowledge can significantly improve the chances of your claim being a successful one.
Birth injury claims are extremely complex, so experience matters. So, please feel free to learn about our past cases and success rates, which demonstrate our expertise in the area of birth injury claims.
Talk to a Birth Injury Lawyer from Diamond & Diamond today.
Contact a Birth Injury Lawyer in Alberta through Diamond & Diamond
Diamond & Diamond specializes in personal injury cases, including birth injuries. Find out more about this specialist service by clicking here.
You can contact us via our offices in Alberta, Ontario, and British Columbia, either by using our 24/7 phone line or the contact form provided on this website.
Once you do, we will ask you for the basic facts that relate to your birth injury case. This initial consultation will enable us to assess your case properly.
We will then briefly explain what your options are and help you to work out the best way to proceed. Once you hire us, we will sit down with you and go through everything in more detail. When you use a Diamond & Diamond birth injury lawyer you can be sure that you are in the hands of a true professional.
PRO TIP :
“In Canada, Alberta is one of the provinces with the highest rate of premature births.”
FAQ’s on Birth Injury Lawyers in Alberta
How do I know if my child was a victim of medical malpractice?
If your child has been born with an injury or is injured shortly after birth, discuss how it happened with the doctor. Also, do so if they fall sick or a disability is identified shortly after birth. Then, promptly speak to a birth injury lawyer. They will be able to tell you if your child is likely to have been a victim of medical malpractice.
Why is a Life Care Plan important in birth injury claims?
Putting together a Life Care Plan for birth injury claims is important. It is the only effective way to assess the true level of damage done by the injury. Qualified assessors can identify the long-term impact it will have on a child´s life. Their report can then be used to assign a monetary value that can be used to establish the correct level of compensation.
How can a personal injury lawyer help in birth injury claims?
A personal injury lawyer can use their experience to put together birth injury claims. The laws used are virtually the same regardless of the type of injury being claimed for. However, it is always best to hire a lawyer that has dealt with birth injury cases, in the past.
I got prenatal care at a free clinic/walk-in clinic and my baby had a birth injury — can I sue?
Canadian law does discourage malpractice suits, but you should consult a lawyer when you have a birth injury from any clinic or hospital.
What is informed consent, and how does it relate to birth injuries?
Informed consent refers to granting permission, knowing full well the consequences and benefits. For birth injuries, you won’t be able to sue the clinic or hospital if you signed a form giving your informed consent.
My baby suffered a birth injury in a military hospital — can I sue the military hospital?
Yes, you can, but not if actively enlisted in the military. Spouses and dependents of military personal can also sue.
What’s the difference between a birth defect and a birth injury?
A birth defect is a condition that forms during a mother’s pregnancy before the baby is born. A birth injury occurs during the labor or delivery process and causes a condition or disability for an otherwise healthy newborn.
What kinds of situations give rise to a lawsuit for birth injuries?
Birth injuries occur for various reasons like doctor and other health care professional negligence, improper delivery technique, unnecessary C-section, oxygen deprivation during the delivery process, misuse of delivery instruments, and exposure to harmful chemicals or contaminants during prenatal and postpartum stages.
In a lawsuit for a birth injury, how does a jury determine if a doctor’s actions were within the standards of good medical practice?
In a lawsuit for a birth injury, a jury determines if a doctor’s actions were within the standards of good medical practice by getting testimonies from expert doctors who will testify whether they believe your physician’s actions followed standard medical practice or fell below the accepted standard of care.
Can a person sue because of an abortion gone wrong?
Yes, a person can sue because of an abortion gone wrong. If you’re living in Canada and have experienced abortion negligence, you may be able to make a claim for failed abortion.
What is the statute of limitations for a birth injury lawsuit?
Generally, a birth injury lawsuit must be filed within two years of the time of the injury. If the injury is not discovered immediately, the suit must be filed within two years of the time the injury should reasonably have been discovered — but no longer than four years from the time of injury.
What is the difference between a settlement and a trial?
A settlement means you, the accident victim, agree not to take the case to court in exchange for a fair sum from the insurance company for your losses. A trial involves a judge and jury making the final call rather than negotiations being between you and the insurance claims adjuster alone.