Halifax Birth Injury Lawyers

If your child has suffered a birth injury in Halifax caused by negligence, you may be able to file a medical malpractice claim to recover compensation for their injuries. In many instances, children who have suffered birth injuries require extensive medical care that can quickly become cost-prohibitive. 

As with any legal issue, hiring a qualified lawyer to help you file a birth injury claim is essential. The Limitations of Actions Act has strict timelines that dictate how long you have to file a claim. Failure to meet critical deadlines can result in losing your ability to seek compensation. Contact NOVA Injury Law today to schedule an initial consultation so we can help determine your legal options. 

What are the Types and Primary Causes of Birth Injuries?

There are a few primary types of preventable injuries. The first type is birth injuries, such as cerebral palsy. Additionally, there are neurological conditions, such as hypoxic-ischemic encephalopathy (HIE), spinal cord injuries, and nerve damage. These types of preventable injuries often result from negligence or delayed actions by medical providers or staff, and they can have long-lasting complications for children and their families. 

Cerebral Palsy and Other Neurological Conditions

Sadly, cerebral palsy is one of the most common types of birth injuries. Causes can include birth asphyxia. This often results from prolonged labor or complications from a C-section. Birth asphyxia causes the baby to lose oxygen to the brain. In extreme cases, medical negligence can cause hypoxic-ischemic encephalopathy (HIE), which can cause severe seizures and difficulty breathing. HIE can result from complications with the umbilical cord or failure to monitor fetal heart rate.

Physical Birth Injuries and Nerve Damage

Other physical birth injuries result from trauma during labour and delivery. This can include spinal cord injuries or broken bones. Spinal cord injuries may occur from improper physical interaction and mishandling of babies by medical professionals during delivery, resulting in potential permanent paralysis.

Nerve damage caused by forceps or suction can lead to facial nerve palsy and can leave an infant unable to close their eyes and cause one side of their face to droop. Other types of nerve damage include Erb’s Palsy, which causes weakness in the arm and shoulder. 

What is Medical Negligence and Liability in Birth Injury Cases?

Medical negligence occurs when healthcare providers fail to meet their legal obligation to provide a legal standard of care, causing patients to suffer preventable injuries. To win a medical malpractice case, the plaintiff must be able to prove a causal link between the medical professional’s actions or inactions and the harm they suffered.

How Medical Negligence Leads to Birth Injury

Medical professionals may fail to monitor or address conditions that lead to birth injuries. For example, failure to monitor a fetal heart rate could result in HIE or forcep use, causing palsy-related conditions. In other instances, malpractice can be traced back to the doctor ignoring medical issues such as preeclampsia, infections, or gestational diabetes. 

Proving Causation with Medical Experts

To win a medical malpractice case, the plaintiff must prove causation. They must demonstrate a direct link between the negligence and the child’s condition. Medical malpractice occurs when it is proven that the healthcare professional or staff failed to provide the same standard of care that any other medical professional would in the same circumstances. 

Due to the legal complexities involved in birth injury malpractice claims, it is necessary to hire a team skilled in medical cases who can establish causation between the healthcare providers’ actions or inactions and the child’s injuries. They must know to investigate the details of birth injuries. An experienced team will review all medical records and diagnostic tests, including ultrasounds, CT scans, or MRIs.

What is the Legal Process Involved With Evaluating a Potential Birth Injury Case?

If your child has suffered a birth injury, your first step is to consult a lawyer who will review your case. Crucial evidence you should present to your lawyer includes medical documentation related to the mother’s and child’s conditions and medical bills that will help build a robust case. 

You should also provide detailed notes of symptoms your child may be experiencing, including difficulty breathing, weak muscles, or lack of movement. Or, in some children, birth injuries may manifest as the child ages and present themselves as developmental delays or cognitive issues. 

Deadlines and Filing Requirements in Nova Scotia

Hiring a lawyer to represent you as soon as possible is essential, especially to ensure you do not exceed the two-year time limit outlined in the Limitation of Actions Act. Hiring a lawyer will ensure you do not miss critical deadlines and have skilled legal representation to protect your rights during the claims process. Failure to file a claim within the specified time limits can result in your claim being thrown out, and you could lose all legal recourse to obtain financial compensation. 

What is the Long-Term Impact of Birth Injuries and What Kind of Compensation Can Our Family Receive?

Birth injuries can have devastating financial and emotional consequences for families as they try to determine how they will pay for necessary medical care. In some instances, a family’s entire way of life must change due to their child’s disability. This can result in hard-to-manage medical expenses that require financial compensation. 

The Lifelong Effects of Birth Injuries

A birth injury can result in a child suffering a severe disability, such as permanent paralysis or difficulty with motor skills. In other instances, a birth injury can affect a child’s mental or emotional health by causing developmental delays or an increased risk of ADHD. Often, these medical conditions result in parents incurring expensive ongoing medical costs that can result in a financial crisis.

Financial Compensation and Coverage of Expenses

Financial compensation for birth injuries includes compensation for economic and non-economic damages, which are awarded based on the harm the child suffered. 

Economic Damages:

• Past and future medical expenses
• Lost earnings incurred by parents due to the child’s injury
• Compensation for medical devices or other adaptive equipment 
• Costs for in-home care and other support services

Non-Economic Damages:

• Pain and suffering
• Emotional distress
• Loss of quality of life

How Can a Halifax Birth Injury Lawyer Help?

If your child has suffered a birth injury, you must seek legal help immediately. A lawyer will provide the legal support your family needs to help you navigate the complex claims process and fight to help you obtain fair compensation for damages. A skilled birth injury lawyer also understands the elements needed to build a case that will withstand legal scrutiny. You should not have to navigate this complex legal road alone.

Call Our Halifax Birth Injury Lawyers Today!

If your child has suffered a birth injury caused by medical negligence, it is in your best interest to contact our Halifax birth injury lawyers as soon as possible. Our law firm believes all families deserve answers and experienced guidance to ensure the negligent party is held accountable for their actions. 

Call our law office today at (902) 707-3278 to schedule a free consultation so we can talk about your case and determine what legal options suit your needs.