The time it takes to get your settlement check depends on which insurance company you’re dealing with, whether they’ve used an independent adjuster, what time of year it is, and where you live. Trying to close your claim with an
Birth Injuries Happen – NOVA Injury Law Can Help
As birth injury lawyers headquartered in Halifax, NS, NOVA Injury Law helps Atlantic Canadian families access much needed compensation and support.
As a subcategory of medical malpractice, birth injuries are some of the most devastating and complex claims we deal with. No one ever anticipates an injury occurring to their newborn child. Unfortunately, these injuries do happen and, even more so than other injury claims, they leave new parents feeling hopeless, heartbroken, and untrusting of the health care system as a whole.
NOVA Injury Law is dedicated to our trade – Injury Law. Our proven birth injury lawyers know the opportunities and pitfalls at play with these claims. While newborns and their families are entitled to compensation for injuries sustained as a result of medical negligence, it is not always a straightforward, easy process to achieve what’s right and fair.
More often than not, claims against doctors or hospitals take years to reach a settlement with the defendant contesting the claim every step of the way. This is one of the reasons NOVA Injury Law offers no win, no fee, agreements whereby we cover all the costs to build the case, including medical experts, and legal fees are paid as a percentage of the final settlement.
Put NOVA Injury Law in your corner and take advantage of a no obligation, free, case review from the only law firm in Atlantic Canada with a doctor on the team. At worst, we will help you understand the law related to your claim and give you a thorough understanding of your birth injury claim. At best, you’ll have an experienced injury lawyer working directly on your case from start to finish.
The Complexity of Birth Injury Claims
The medical details surrounding birth injuries and negligence can make or break a claim. Lawyers don’t go to medical school, so NOVA Injury Law brought a practicing ER physician into the fold as our chief medical consultant. Dr. Laura Mitchell works hand-in-hand with our legal team to appreciate the medical facts and present the strongest claims possible. This matters because birth injury victims and their families count on their settlements to pay for lifelong medical costs and the costs of care.
The birth injury lawyers at NOVA Injury Law analyze every aspect of birth injury claims and negotiate with a full understanding of the medical issues at play. We do everything possible to achieve the highest possible compensation and justice that our clients and their families deserve.
Types of Birth Injuries
While not all birth injuries are the result of medical malpractice, it is important to know what types of birth injuries can occur. Some birth injuries will be relatively minor in nature, while others can have long lasting effects. Here are some examples:
A) Broken bones during delivery
a. While these injuries tend to heal, they can represent a painful experience for the baby
B) Cerebral Palsy
a. An injury such as this can occur when a baby is deprived oxygen during the labour and delivery process and can cause developmental delays
C) Brain Bleeds
a. These injuries can range from having mild to very severe complications for the child and can be the result of tools used during delivery
D) Spinal Cord Injuries
a. This sort of injury can prove detrimental to a child’s quality of life, causing difficulty moving normally as they age. Along with that, a wide range of other problems are associated
E) Nerve Injuries
a. These injuries arise when a nerve is damaged during labor. A wide range of injuries are associated, leading to many different developmental and physical challenges
Why do birth injuries happen?
Simply put, birth injuries can happen for a variety of reasons. It could be something that was unavoidable and nobody’s fault, but it could also be due to a mistake made by a health care professional before or during labour.
Some potential mistakes that could occur are:
a) Failure to properly diagnose a pregnancy, leading a doctor to prescribe a drug that can cause birth defects
b) Inadequate prenatal care by a doctor, including improper monitoring of the mother or the fetus
c) Failure to detect placental issues
Birth Injuries can also be the result of mistakes made during the delivery process. Some mistakes that may occur during delivery include:
a) Failure to properly respond to fetal distress during labour
b) Leaving the baby without oxygen for a prolonged period
c) Improper use of medical assistant devices leading to birth injuries
Or, it could be a post-delivery mistake, known as improper neonatal care. Some neonatal care mistakes that may occur are:
a) Failure to detect and treat jaundice conditions in a baby
b) Failure to properly monitor neonatal glucose for hyperglycemia or hypoglycemia
c) Failure to detect and treat infection in a timely manner
How do new parents know if improper care occurred?
If new parents feel that their baby may have been a victim of improper care, it is important they contact a birth injury lawyer right away.
NOVA Injury Law offers free case reviews, giving families the chance to consult with an experienced birth injury lawyer free of charge. For something as important as a child’s well-being, it is important to consult a birth injury lawyer as soon as possible. We gather the facts of the case and give families our honest legal opinions about the strengths and weaknesses of their claims.
We take on birth injury claims through contingency fee agreements. This eliminates many of the financial hurdles in pursuing a birth injury claim. These claims can take years to complete and the birth injury lawyers at NOVA Injury Law are aware of the burden this can place on families. By taking and building cases at no upfront cost to clients, we allow families to seek justice for their injured baby, without financial burden.
Does every birth injury lead to compensation?
Unfortunately, no, not all birth injuries lead to compensation for victims and their families. In order to be entitled to compensation, medical malpractice needs to be proven on the part of the doctor, hospital, or other health care provider, that cared for the child.
Note: It must be proven that the health care worker failed to perform their duty to the standards expected of that profession and as a result, caused an injury or harm to the child. As such, simply because a child is injured, does not entitle them to compensation.
Experienced Birth Injury Lawyer Halifax, Nova Scotia – Why work with us?
Aside from the free case review and contingency fee agreement, NOVA Injury Law offers something that other Atlantic Canadian firms do not – we are the only birth injury lawyers in Atlantic Canada with a doctor on the team. Dr. Laura Mitchell is a practicing emergency room physician with special training in occupational medicine. This allows the birth injury lawyers at NOVA Injury Law to properly support birth injury claims with the most complete, accurate and convincing medical evidence.
We understand how devastating it can be to have your baby suffer a birth injury. As a firm full of families with have children (both young and old), we work to ensure every child receives the money for care they need to live as normal and happy of a life as they possibility can.
If one of your loved ones has been the victim of medical malpractice causing injury, contact the birth injury lawyers today at NOVA Injury Law.
NOVA Injury Law for a FREE consultation
What are you waiting for? Give us a call, or send us an email today. We will get in touch with you within one business day. There is no pressure or downside. We promise you a straight-up opinion about your case.
Birth injuries are preventable, devastating injuries that stem from medical malpractice or negligence. They can occur prior to, during, or following your child’s delivery. When they do occur, birth injuries are a family’s worst nightmare. A well-known form of birth