Bedford Birth Injury Lawyers Fighting for Parents and their Newborns

Bedford, Nova Scotia is a close knit, family-first community. With a relatively young population, the median age range is under 40. It’s a community that embraces the wonder of new life, and a great place to raise a family, as children grow up surrounded by caring support networks.

But despite a number of high quality hospitals just a short drive away, problems in childbirth still happen, and what should be the most joyous time in a parents life can instead turn to tragedy.

At NOVA Injury Law, we understand the heartbreak and anguish that families experience when a newborn child is injured or dies. We know that families trust healthcare professionals to provide the best possible care for their loved ones, and it’s devastating when they’re let down.

Unfortunately, the healthcare and legal systems are complex and often overwhelming, and families are left daunted and confused about what to do when tragedy strikes. Birth injuries due to medical malpractice are serious and all too common, and medical professionals must be held accountable for their actions when they fail to uphold their duty of care to their patients. These injuries can have lifelong consequences for the child and their family, and it’s important to be properly compensated for someone else’s negligence. That’s where we come in – support you, and fight for your compensation, every step of the way.

We are a team of compassionate lawyers, dedicated to providing support to families during these difficult times. 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 from straight away, even if a mother or her newborn is still receiving treatment in Bedford Medical Clinic, or any other birthing centre in Nova Scotia.

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.

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:

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

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

If 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 Bedford, Nova Scotia, healthcare professionals are held to certain standards of care under the Medical Act and the Medical Staff Bylaws. 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’s critical that you document the injury and any medical treatment provided, including taking photographs and getting copies of medical records and imaging.

You should then 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 a medical opinion from our in-house physician, Dr Laura Mitchell.

How do birth injuries occur?

Most commonly birth injuries occur during birth 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:

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

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 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 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 get to work, by 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 Nova Scotia’s legal process. We will pursue compensation for medical expenses, ongoing care, and other damages related to the injury. And we will seek 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?

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. Having Dr Laura Mitchell, an expert physician with special training in occupational medicine 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 Bedford, Nova Scotia, and in greater Atlantic Canada.

Our lawyers are a part of the community in Bedford, and our founder, Jeff Mitchell is proudly Nova Scotian born and raised. He grew up in the neighborhood, and works closely with professionals, community groups and volunteers all over the city to build your case and 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!