Moncton, New Brunswick Birth Injury Lawyers Fighting for Mothers and their Newborns

While the birth of a child is typically a joyous occasion, sometimes unexpected complications can arise, leading to devastating outcomes. When a newborn sustains an injury or passes away, it can be an incredibly difficult and traumatic experience for families and caregivers.

This is then compounded by the challenges of navigating a complex healthcare system in New Brunswick where professional support is sometimes limited, leaving individuals to cope with feelings of torment and uncertainty.

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 practising 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 straight away, even if a mother or her newborn is still receiving treatment in Moncton Hospital, the Pregnancy and Wellness Centre or any other birthing centre in New Brunswick.

While New Brunswick 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 to account for the losses and damages to the child and family.

“When it comes to newborns who have sustained birth injuries due to medical malpractice, the need for compensation is particularly acute. These injuries can have lifelong consequences for the child, affecting not only their physical health but also their cognitive, emotional, and social development. Compensation can help ensure that the child receives the care and support they need to mitigate the effects of the injury and live a full and meaningful life.” – Justice Abella, Mustapha v. Culligan of Canada Ltd., [2008] 2 SCR 114

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.

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

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.

In New Brunswick, healthcare providers are held to certain standards 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 their damages.

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 occur?

The majority of birth injuries occur when a newborn infant is deprived of oxygen during the birthing process, which can result in damage to the brain. In such cases, it is critical for obstetricians to act swiftly, ensuring prompt delivery of the baby and providing resuscitation if required.

Oxygen deprivation can also occur in postnatal surgical procedures when they are not properly administered c. Healthcare professionals must exercise careful monitoring of the baby’s health during delivery and in the hours and days after birth; ntervening when necessary to prevent potential complications.

Common types of birth related injuries include:

Cerebral palsy.
Shoulder dystocia.
brachial plexus palsy.
Erbs palsy.
Klumpke’s palsy.
birth paralysis.
spinal cord injuries.
intracranial hemorrhage.
subarachnoid hemorrhage (brain bleeding).

There are several factors that can contribute to birth injuries, including:

Improper use of medical equipment during labour and delivery, such as forceps or vacuum extractors.
Failure to monitor the baby’s vital signs, such as their heart rate, during labour and delivery.
Delay in performing a necessary C-section.
Failure to detect and treat infections during pregnancy or labour.
Administering incorrect medication or dosage during labour or delivery.
Failure to recognize and respond to complications during labour and delivery, such as fetal distress or umbilical cord prolapse.

How will NOVA Injury Law pursue a compensation claim for parents and newborns after a birth injury in New Brunswick?

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 we don’t believe parents should take on any additional burden 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 New Brunswick’s legal system.
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 does NOVA Injury Law maximize a compensation claim for parents and their newborns in Moncton, New Brunswick?

We consult with our medical experts to evaluate the medical care provided during pregnancy, labour, delivery, and postpartum care to determine if there was a breach in the standard of care.

We don’t stop there. We sift through as much evidence as we can to build a compelling case designed to not only give parents answers but to boost their chances of getting a large lump sum settlement payout from the hospital or health-care provider’s insurer.

The emotional toll of watching a newborn struggle, grow and then face lifelong adversity due to improper care is not something that can ever truly be accounted for. Even still, this is even more of a reason for us to look at absolutely everything we can to maximize the claim. Some of the things we look at it include:

Medical Records: We review the medical records of the mother and the child to identify any possible medical errors or negligence that could have caused the injury.

labour and Delivery Records: We review labour and delivery records to identify any signs of fetal distress, prolonged labour, or other complications that could have led to the birth injury.

Medical History: We evaluate the medical history of the mother, including any pre-existing conditions or complications during pregnancy, as well as any prior pregnancies or deliveries.

Child’s Condition: We evaluate the child’s condition after birth, including any physical or cognitive impairments, to determine if they were caused by medical malpractice.

Diagnostic Tests: We examine the results of any diagnostic tests performed during pregnancy or after birth, such as ultrasounds, MRIs, or CT scans, to identify any potential issues.

Medical Provider’s Conduct: We evaluate the conduct of the medical provider, including their training, qualifications, and experience, to determine if they acted in accordance with accepted medical standards.

Informed Consent: We evaluate whether the medical provider obtained informed consent from the mother before performing any medical procedures or treatments.

Hospital Policies and Procedures: We investigate the hospital policies and procedures to determine if they contributed to the birth injury.

From here, our team evaluates the financial and emotional consequences of the injury now and estimates what they will be over the course of the newborn child’s life. While it will never be enough, we have seen it help countless families move through to a different stage of life – more comfortable, positive and accepting, something they never thought was possible in the days and weeks that followed the birth.

If you believe you or your newborn has sustained an injury, it is important that you act now.

A key challenge with injury claims related to birth is that the full extent of the injury is not immediately apparent as the infant’s limitations are not realized. It can take months and even years for the effects of the injury to fully manifest. Laura Mitchell is a practising emergency room physician with special training in occupational medicine. Having an expert physician on hand means that our team of birth injury lawyers can start to build your file from the very early stages of the infant’s life.

This is part of the reason that NOVA Injury Law is considered to be one of the premier personal injury law firms in Atlantic Canada, and is a key reason why we have consistently been able to secure compensation for our clients in recent years.

Our lawyers are also part of the community in Moncton, NB. This means we can work with professionals, community groups and volunteers all over the city to get you the support you need.

At NOVA, we believe in fighting for the individual. Once you put us in the fight, we don’t leave until you get what’s yours. If you’ve been the victim of medical malpractice leading to a birth injury, brain injury, or wrongful death contact NOVA Injury Law, so we can help you to recover today, and get your life back on track tomorrow.

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!