Summerside Birth Injury Lawyers Fighting for the Rights of Newborns

The miracle of childbirth should be a moment of pure joy and love. But when the unthinkable happens, and a child is harmed or lost, the world around us comes crashing down. For families and caregivers, the aftermath of tragedy is nothing short of a nightmare. The pain and anguish can’t be expressed, and the road ahead seems long and uncertain. The healthcare system, with its complexities and limitations, only adds to the overwhelming sense of despair.

At NOVA Injury Law our team of lawyers are, first and foremost, compassionate individuals who will go to any length to be a support for families that find themselves confused and overwhelmed following a trauma resulting from medical malpractice at birth. Our team of lawyers work with medical professionals to assist parents and families get the answers and compensation they deserve.

Adding to our experience, we have a practicing emergency room physician, with special training in occupational medicine, consulting on our cases as required. Having this expertise built into our practice is an advantage that other law firms don’t have, and supports our team to build compelling case files right away, even if a mother or her newborn is still receiving treatment in Prince County Hospital, Island Pregnancy Centre or any other birthing centre on PEI.

While PEI birth centres and facilities overall do a remarkable job, birth injuries due to Medical malpractice do occur. When they do, they are a serious issue as medical professionals have a duty of care to their patients. When they fail to uphold it, serious harm to newborns and mothers can happen.

Birth injuries can have lifelong consequences for the child and their family, including physical, emotional, and financial challenges. This can lead to claims that result in multi-million-dollar settlements.

From our experience, it is difficult to know 100% if a newborn baby has been the victim of medical malpractice. We find though, that parents who have that sick feeling that something is not right – are often right. It’s important to trust your instincts.You can trust that we will do a full analysis of the medical records to determine who did wrong.

From our years of experience, we know that it’s not always easy to determine if medical malpractice has occurred, but if you have a gut feeling that something is not right, trust it, and give us a call. We will fight tirelessly to ensure that you and your family have the physical, financial and emotional compensation you deserve. At NOVA Injury Law, we are here to support you every step of the way.

How does NOVA Injury Law go the extra step for Mothers, Newborns and their families?

Starting with a Free Case Review, our in-house physician, Dr Laura Mitchell, together with our lawyers, will meet with families to answer their questions and provide honest advice about what to do next. From here, Dr Mitchell will support our lawyers to engage specialists to build accurate and complete case files for any compensation claim that may follow. Depending on the injury to your newborn, specialists we may engage include:

Neonatologist: a pediatrician who specializes in the care of newborns, especially those who are sick or premature.
Pediatric neurologist: a doctor who specializes in diagnosing and treating disorders of the nervous system in infants, children, and adolescents.
Pediatric cardiologist: a doctor who specializes in diagnosing and treating heart problems in children, including congenital heart defects.
Pediatric orthopedist: a doctor who specializes in diagnosing and treating musculoskeletal conditions, such as bone fractures, dislocations, and other injuries.
Pediatric surgeon: a doctor who specializes in surgical procedures for children, including newborns.
Pediatric neurosurgeon: a doctor who specializes in surgical procedures involving the brain and nervous system in children.
Pediatric physiatrist: a doctor who specializes in physical medicine and rehabilitation for children with injuries or disabilities.
Pediatric rehabilitation specialist: a doctor who specializes in rehabilitation for children with injuries or disabilities, including physical, occupational, and speech therapy.
Developmental pediatrician: a doctor who specializes in the diagnosis and management of developmental and behavioral problems in infants and children.

For something as important as a child’s well-being, time is of the essence and seeking professional support and advice is a must.

If you feel that you or your newborn child has sustained an injury through birth, it’s important that you seek advice straight away.

When a birth injury has just occurred, the first priority is to ensure that the newborn and mother receive immediate medical attention. Once the medical emergency has been addressed, it may be important for the family to seek legal and medical advice to protect their rights and ensure they receive the appropriate care and compensation they are entitled to under the law.

On Prince Edward Island, healthcare providers are held to certain standards of care under the Medical Act. If a healthcare provider fails to meet these standards and a birth injury occurs as a result, the family may be entitled to compensation for the damages to their child.

To pursue a claim, it is critical that the victim or family is documenting the injury and any medical treatment provided, including taking photographs and obtaining copies of medical records and imaging.

Secondly, they should schedule a Free Case Review with NOVA Injury Law. This will provide you with the information you need to assess your potential claim from a legal perspective as well as give you access to medical opinion from our in-house physician, Dr Laura Mitchell.

How do birth injuries happen?

Birth injuries often occur during the delivery process when a newborn is denied oxygen, which can result in brain damage. To prevent such harm, obstetricians must promptly deliver the baby and provide proper resuscitation if the baby is in distress. Surgical procedures that follow the birth can also cause harm to the baby due to inadequate delivery or oxygenation. Medical professionals must carefully monitor the baby’s health and intervene if necessary to avoid any complications that could arise.

Examples of birth injuries include:

Birth paralysis.
Cerebral palsy.
Spinal cord injuries.
Cranial nerve injuries (facial nerve being the most common).
Shoulder dystocia.
Brachial plexus palsy.
Erb’s palsy.
Klumpke’s palsy.
Subarachnoid hemorrhage (brain bleeding).
Intracranial hemorrhage.

Various factors can contribute to birth injuries, such as improper use of medical equipment during labor and delivery (e.g., forceps or vacuum extractors), failure to monitor the baby’s vital signs (e.g., heart rate) during labor and delivery, delay in performing a necessary C-section, failure to detect and treat infections during pregnancy or labor, administering incorrect medication or dosage during labor or delivery, and failure to recognize and respond to complications during labor and delivery (e.g., fetal distress or umbilical cord prolapse).

When a birth injury occurs, our team of lawyers works with medical professionals immediately to diagnose the issue and determine whether it was preventable. We provide honest advice about what to do next because for something as important as a child’s well-being, time is of the essence, and professional legal advice is a must.

How will NOVA Injury Law pursue a compensation claim for parents and newborns?

After parents have received a Free Case Review, they are best placed to make an informed decision about what to do next.

If a parent decides to pursue the matter, NOVA Injury Law will not charge a single cent until a settlement is reached. That’s because at NOVA Injury Law we don’t believe parents should take on any additional burden at this time – not least until they have the answers they deserve.

Our lawyers will simply just get to work – this includes:

Filing a Notice of Action to commence a medical malpractice lawsuit against the healthcare provider or facility responsible for the injury. We will also continue to file legal documents and submissions in line with Prince Edward Island’s legal process.
Pursuing compensation for medical expenses, ongoing care, and other damages related to the injury.
Seeking damages for pain and suffering, emotional distress, and other non-economic losses.

We do this through a number of avenues including negotiation, mediation and even at trial through the courts. Pursuing birth injury claims can take years – which is why our no-upfront costs structure is designed with the parent in mind.

In cases where a newborn or mother has died in birth due to medical malpractice, we will advise you to seek a wrongful death claim.

How will NOVA Injury Law fight for parents and newborns compensation claims?

Once parents have received a Free Case Review, they will have the necessary information to make an informed decision on how to proceed. If they choose to move forward with the case, NOVA Injury Law will not charge any fees until a settlement is reached. We understand that parents should not have to shoulder any additional financial burden during this difficult time, especially before receiving the answers they deserve.

Our team of lawyers will immediately start working on the case, by filing a medical malpractice lawsuit against the healthcare provider or facility responsible for the injury, seeking compensation for medical expenses and ongoing care, and pursuing damages for pain and suffering, emotional distress, and other non-economic losses. We use various methods, including negotiation, mediation, and court trials, to achieve a favorable outcome. Pursuing a birth injury claim can be a lengthy process, which is why our no-upfront costs policy is tailored to alleviate the parent’s financial burden.

It’s time to maximize your compensation claim

Drawing on our extensive experience in birth injury law, we possess the knowledge and expertise necessary to conduct thorough investigations. We work closely with medical experts to scrutinize the care provided during pregnancy, labor, delivery, and postpartum care in order to determine if the standard of care was breached.

But we don’t stop there. We leave no stone unturned as we carefully analyze all available evidence to build a compelling case that not only answers parents’ questions but also enhances their chances of receiving a substantial settlement payout from the hospital or health-care provider’s insurer.

Given the emotional toll that comes with watching a newborn face a lifetime of adversity because of inadequate care, it’s essential to examine every last detail to maximize the claim. During our investigation we will review medical and labor records to identify any signs of fetal distress, and any other complications that could have led to the injury.

We also evaluate the medical history of the mother, the child’s condition after birth, and the conduct of the medical provider – whether they got informed consent from the mother before performing any medical procedures or treatments. We look into hospital policies and procedures to identify any factors that may have contributed to the birth injury.

From there, we assess the financial and emotional consequences of the injury and estimate what they will be over the course of the child’s life. Although it will never be sufficient, we’ve witnessed countless families benefit from our efforts as they move towards a more comfortable, positive, and accepting future – something that seemed unimaginable in the days and weeks following the birth.

If you or your newborn has suffered an injury, it’s important to act now.

One of the biggest difficulties with birth injury claims is that the full extent of the injury may not be immediately apparent, as it can take months or even years for the effects to become fully realized. To address this, NOVA Injury Law has an expert physician, Laura Mitchell, on our team, allowing our birth injury lawyers to begin building your case from the earliest stages of your child’s life.

This is one of the reasons why NOVA Injury Law is recognized as the top personal injury law firm in Summerside, Prince Edward Island, and why we have been successful in so many birth injury claims in recent years.

Our lawyers are actively involved in the Summerside, Prince Edward Island community, and work with professionals, community groups, and volunteers in the area. We understand how devastating birth injuries are, and how important proper compensation is for a child to lead a comfortable life. We’re passionate about birth injury claims and we want to give you and your family the life you deserve.
Don’t delay. Reach out to us for a free case review, no-obligation consultation, and contingency fee agreement available for many types of claims. You can reach us by calling 1-800-262-8104 or writing Jeff Mitchell at jeff@novainjurylaw.com now. Our team of lawyers is available 24 hours a day, 7 days a week, to support you and help you learn more about your legal right to recover compensation. Get in touch with us now to learn how we can help you!