St. John’s Birth Injury Lawyers Fighting for Mothers and their Newborns

Birth injuries can be devastating for Newfoundland families, and the effects can last a lifetime. While many deliveries in the province are successful and without complication, birth injuries do occur, leaving parents and caregivers to deal with the long-term consequences. Birth injuries can take many forms, from minor cuts and bruises to severe neurological damage or brain injuries. The emotional and financial impact on families can be significant, and it’s crucial to seek appropriate support and legal advice if a birth injury has occurred.

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.

Our law firm has an advantage over others in that we have a practising emergency room physician who specialises in occupational medicine available to consult on cases as needed. This expertise allows us to build compelling case files quickly, even if a mother or newborn is still undergoing treatment in St. Clare’s Mercy Hospital, Janeway Children’s Hospital or any other birthing centre in St. John’s, Newfoundland.

While children’s hospitals and medical facilities in Newfoundland do an excellent job overall, medical malpractice can still result in birth injuries that have serious and long-lasting consequences for the child and their family. It is the responsibility of medical professionals to provide a duty of care to their patients, and when this duty is not upheld, harm can occur.

Such injuries often lead to claims that result in significant financial settlements to compensate for the losses and damages suffered by the child and family. While it can be challenging to determine definitively whether medical malpractice was involved, parents who suspect that something is not right should trust their instincts and seek a thorough analysis of the medical records.

We are committed to providing such an analysis, to determine who is responsible for any wrongdoing.

How does NOVA Injury Law go the extra step for Parents, Newborns and their families in St. John’s?

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 think your newborn child has sustained an injury through birth, it’s important that you seek advice right 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 Newfoundland, 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 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 in St. John’s, Newfoundland?

Birth injuries most commonly occur when a newborn child is deprived of oxygen, causing brain damage. When a baby is in distress during delivery, it is crucial for the obstetrician to promptly deliver the baby and ensure proper resuscitation to avoid any risk of brain damage caused by a lack of oxygen. Additionally, inadequate delivery or oxygenation during surgical procedures that follow birth can also cause harm to the baby. During childbirth, doctors must carefully monitor the baby’s health and intervene if necessary to avoid any complications that may arise.

Common types of birth related injuries include:

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

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 foetal distress or umbilical cord prolapse.

How does NOVA Injury Law pursue compensation claims for parents and newborns after a birth injuries?

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 Newfoundland’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 does NOVA Injury Law maximize a compensation claim for parents and their newborns across St. John’s, Newfoundland?

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.

Throughout this process, 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 or your newborn has sustained an injury, it is important that you act now.

One of the biggest challenges with birth injury claims is that the full extent of the injury is not immediately apparent as the infant’s limitations are not realised. 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 earliest stages of the infant’s life.

This is part of the reason that NOVA Injury Law is considered to be the premier personal injury law firm in St. John’s, Newfoundland, and is a key reason why we have been able to secure greater sums of compensation than any other firm in Newfoundland over the past few years.

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

At NOVA Injury Law, 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 arising from medical negligence. Get in touch with us now to learn how we can help you!