Sydney Birth Injury Lawyers Fighting for Mothers and their Newborns
The birth of a child is supposed to be one of the happiest moments of our lives. Unfortunately this is not always the case when things go wrong.
When a newborn child is injured or dies, it is devastating for families and care-givers. The period that follows is traumatic as feelings of torment set in. This is only compounded by a complex healthcare system where professional support is limited.
At NOVA Injury Law our team of lawyers in our Sydney office are, first and foremost, compassionate individuals who will go to any length to be a support for families that find themselves confused and overwhelmed. 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 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 day 1.
Birth injuries due to medical malpractice are a serious and common issue. Medical professionals have a duty of care to their patients, and when they fail to uphold it, they can cause serious harm. 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.
If you feel that you or your newborn child has sustained an injury through birth, it’s important that you seek advice straight away.
NOVA Injury Laws team of lawyers work with medical professionals immediately to diagnose the issue, whether it was preventable and to provide honest advice about what to do next.
For something as important as a child’s well-being, time is of the essence and professional legal advice is a must.
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:
- 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 labor and delivery, such as forceps or vacuum extractors
- Failure to monitor the baby’s vital signs, such as their heart rate, during labor and delivery
- Delay in performing a necessary C-section
- Failure to detect and treat infections during pregnancy or labor
- Administering incorrect medication or dosage during labor or delivery
- Failure to recognize and respond to complications during labor and delivery, such as fetal distress or umbilical cord prolapse.
What is the process for determining whether a parent has a claim?
We start with a Free Case Review – like we do for all of all areas of area of expertise. This gives families a chance to consult with a lawyer free of charge to see what options they may have and what they can expect.
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 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 medical malpractice lawsuit against the healthcare provider or facility responsible for the injury
- 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 policy is designed with the parent in mind.
How does NOVA Injury Law maximize a compensation claim for parents and their newborns?
By relying on our more than 15 years of skills and experience in birth injury law, we know what to look for and who to talk to. We consult with our medical experts to evaluate the medical care provided during pregnancy, labor, 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.
- Labor and Delivery Records: We review labor and delivery records to identify any signs of fetal distress, prolonged labor, 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 practicing 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 the premier personal injury law firm in Nova Scotia, and is a key reason why we have been able to secure greater sums of compensation than any other firm in Nova Scotia over the past few years.
Our lawyers are also part of the community in Sydney, Nova Scotia – so we can work with professionals, community groups and volunteers all over the city to get you the support you need.
We understand the devastating impact of serious injury to those affected and their loved ones, and the flow on effect this can have to all aspects of one’s life. Know that you are not alone and our team of experts will make sure you receive the much needed treatment and compensation you deserve.
Reach out to us for a Free Case Review, no-obligation consultation, and contingency fee agreement available for many types of claims. For more information or to set up an initial consultation about a birth injury claim in Sydney, or elsewhere in Nova Scotia, you can reach us by calling 1-800-262-8104. Our team is available 24 hours a day, 7 days a week, to support you and your loved ones via email, text, Facebook messenger, and more.