Birth Injuries
Birth injuries can happen for a variety of reasons, but in instances in which they are caused due to medical negligence and careless mistakes made by your healthcare provider, you have the legal right to hold the responsible party accountable.
It is perfectly natural for you and your family to feel overwhelmed while coping with the aftermath of your child’s birth injuries. Our legal firm’s mission is to bring clarity, comfort, and justice to every Ontarian in need – whether you need immediate support or ongoing representation from a qualified legal team, Oatley Vigmond can help.
If a loved one has been victimized by birth injuries, fill out the following contact form for a no-cost, no-commitment consultation to determine whether you are eligible for compensation.
If a loved on has been victimized by birth injuries, Call 1-866-269-2481.
Experience – Oatley Vigmond’s greatest asset
On average, 40-50 birth injury lawsuits begin in Canada each year. Approximately 25% of these cases are successful.
One of the main causes for an unsuccessful claim is a lack of experience. Birth injury cases require knowledge of medical and insurance frameworks, access to qualified healthcare consultants, and the ability to contend with doctor’s defense teams.
Risk-free representation – Oatley Vigmond’s promise
Oatley Vigmond brings over 40 years of experience dealing with catastrophic birth injuries and medical malpractice, including:
- Brachial plexus (also known as Erb’s palsy or shoulder dystocia)
- Persistent Pulmonary Hypertension of the Newborn (PPHN)
- Anoxia
- Bone fractures
- Hypoxia
- Cephalohematoma
- Facial paralysis
- Spinal cord injuries
- Fetal lacerations
- Caput succedaneum
- Delayed recognition of fetal distress
- Failure to assess
- Improper use of forceps, and more
Many of our lawyers are Certified Litigation Specialists by the Law Society of Upper Canada, the only body that governs Ontario’s lawyers ensuring that the people of Ontario are served by lawyers who meet high standards of learning, competence and professional conduct. Our experienced personal injury lawyers have the experience and specialized medical knowledge that a lawyer needs to handle such a case properly. We have a proven track record for advocating and winning medical malpractice cases involving compromised babies.
After four decades defending families whose loved ones suffered birth injuries, we have built a strong network of multidisciplinary experts to support your case. Whether you need a second opinion or a psychological assessment to quantify your pain and suffering, we can help – our lawyers and support staff work side by side to offer the highest level of legal guidance to see through to a successful settlement.
Call 1-866-269-2481 to speak with a lawyer
Putting people first – Oatley Vigmond’s mandate
Experience and network assets aside, we believe the Oatley Vigmond approach is what truly sets our firm apart.
From first call to final contact, our legal representatives and support staff are devoted to your family’s physical, mental, and financial well-being, both in and out of court. We will support you for the duration of your case, assisting you with immediate and ongoing needs – whether that involves assembling your rehabilitative care team, scheduling appointments and transportation, or simply helping with paperwork is entirely up to you.
How much will my Birth injury claim cost?
Birth injuries place serious financial burdens on families already struggling with the physical and emotional costs of their accidents.
Depending on the severity of the birth injury in question, treatment may be a primary expense. Though bruising and minor lacerations heal quickly when left untreated, more serious birth injuries such as brachial palsy, Caput succedaneum, and perinatal asphyxia may require intensive procedures, ongoing rehabilitation, and accessibility modifications to the home.
For families stricken by the wrongful death of a newborn, funeral expenses may seem inconsequential given the weight of their loss. Nonetheless, these costs must be covered. Funeral expenses can be difficult to manage in the wake of your family’s tragedy, especially with the loss of wages that often occurs during the grieving process.
Having worked with victims and their families for over 40 years, Oatley Vigmond’s legal team understands the mental, physical, and financial costs associated with birth injuries, which is why we offer free consultations and do not collect service fees until your claim is successful.
Though the exact cost of birth injury claims varies case by case, our promise to waive all legal fees in the event of an unsuccessful claim ensures your family receives qualified legal representation without any financial risk.
What will I receive if my Birth injury claim is successful?
Since every case is different, no single answer exists. The size of your settlement or verdict depends on numerous factors that will be discussed during your free consultation.
That said, our legal team approaches every case with the goal of securing our clients’ financial futures. This means covering the costs of the birth injury, treatment/rehabilitation, pain and suffering, and any lost wages so your family can focus on their physical and emotional recovery.
You can review some of our personal injury law firm’s landmark settlements and verdicts here.
Consult with Oatley Vigmond – understand your options
Medical malpractice resulting in birth injury is a complicated issue, and you probably have lots of questions.
Our personal injury lawyers will review your case for free, with no commitments.
Call 1-866-269-2481 to book your risk-free consultation.
What are some examples of medical malpractice?
Birth injuries may occur for a variety of reasons, but in instances in which they are caused due to medical negligence and careless mistakes made by your health care provider, you have the legal right to hold the responsible party accountable. Some birth injuries that may be caused by medical malpractice include:
- Brachial plexus (also known as Erb’s palsy or shoulder dystocia)
- Persistent Pulmonary Hypertension of the Newborn (PPHN)
- Anoxia
- Bone fractures
- Hypoxia
- Cephalohematoma
- Facial paralysis
- Spinal cord injuries
- Fetal lacerations
- Caput succedaneum
- Delayed recognition of fetal distress
- Failure to assess
- Improper use of forceps
Cerebral Palsy can be caused by a number of complications during labour, some of which may have been caused by the doctor or the attending nurses. Your cerebral palsy injury claim can be substantiated by any of the following negligent acts by a health care provider:
- Failure to recognize or treat seizures post-delivery
- Improper or excessive use of vacuum extraction
- Improper use of delivery forceps
- Failure to identify prolapsed umbilical cord which results in oxygen deprivation
- Failure to extract the child from the birth canal in a timely manner, resulting in oxygen deprivation
- Improper response to the mother’s elevated blood pressure or toxemia
- Improper diagnoses or treatment of jaundice or meningitis
- Failure to perform C-section in a timely matter despite large birth weight indicators
- Failure to respond adequately to fetal heart rate changes
A doctor’s negligence can have grave consequences, potentially resulting in unnecessary injury and prolonged suffering. This can mean financial losses, emotional pain and suffering, and even death. Although every case is different, your medical malpractice lawyer will generally use the following framework for the basis of your doctor’s negligence claim:
- Establish criteria for a reasonable standard of care. Before we can determine whether your doctor’s actions failed to meet reasonable medical standards, we must first define these criteria. Your medical malpractice lawyer will retain specialists from the health care sector to identify reasonable standards of care, then ascertain whether these were met.
- Identify a breach of reasonable standards of care. Once we have established criteria for reasonable standards of medical care and competency, we must prove the doctor’s negligence.
- Establish causation for your personal injury. To win your medical malpractice case, you must link your injury to the doctor’s negligence. In some cases, a proven breach of reasonable standards of care may be unrelated to the injury. For example, failure to sterilize surgical tools is a clear breach of reasonable standards, but cannot be considered the cause for the wrong arm being operated on. On the other hand, the doctor’s negligence here could be linked to the development of a life-threatening infection during the patient’s recovery.
- Assess the damages of your medical malpractice injury. Once you have submitted evidence that establishes the doctor’s negligence caused your injury, you will need to assess its financial consequences. Accurate assessments depend on specialized knowledge obtained through collaboration between insurers, medical experts and members of your legal team.
Pharmacy malpractice or pharmacy negligence refers to the incorrect filling of a prescription and can also include:
- Processing order liabilities
- Unauthorized prescription refills
- Improper labelling or instruction
- Wrong drug, dosage or potency
- Failure to warn patient of hazardous side effects, including addiction, consequences of excessive dosages and other risks that may arise from using the drug
- Failure to dispense necessary medication
Typically, the success of a pharmacy malpractice case will hinge on two factors:
- The personal injury lawyer’s ability to establish the pharmacist’s duty of care to the persons receiving his or her prescription – this may require proof of vicarious liability
- The personal injury lawyer’s ability to prove that pharmacy malpractice or pharmacy negligence has occurred – this will require documentary and oral evidence, as well as testimony from medical experts detailing the harm resulting from negligence
Once these criteria have been satisfied, liability will be imposed on the pharmacist, who will be required to compensate for pain and suffering, medical care, and other financial losses and expenses resulting from their negligence. Families who lose a loved one can also file a pharmacy malpractice against the pharmacist who breached their duty of care.
Surgical malpractice refers to any instance where physical, emotional or financial harm was inflicted as a direct result of a doctor’s negligence before, during or after an operation. Surgical injury and error varies widely in type and severity. For example, a doctor could fail to remove surgical materials during the operation, use improper surgical techniques, and as a result cause damage to nearby organs or membranes. In most cases, your claim will proceed under the theory of surgical negligence. Related issues include: negligent prescription of medications or medical devices and failure to obtain a patient’s “informed consent.”
Under the theory of negligence, the patient must prove:
- The surgeon’s duty of care to the patient, typically through illustration of the doctor/patient relationship
- The applicable standard of care, along with the health care professional’s deviation from this standard
- The extent of the patient’s injury, often through third-party assessments made by medical professionals
- The causal connection between the doctor’s deviation from the standard of care and the patient’s injury
What happens if I suffer a medical malpractice?
Not all accidents and unfortunate outcomes are the result of medical malpractice. However, if you suspect that a health care professional involved in your care has made a mistake, it is important that you speak with a lawyer as soon as possible.
In Ontario, you can seek compensation for medical malpractice and sue for damages. The law also allows the family members of a person who has died to sue for damages. The area of medical malpractice is exceptionally complicated, and hospitals and health care professionals have a reputation of defending any lawsuits with well-funded and highly skilled lawyers. As a result, it’s important that you contact a medical malpractice lawyer with the academic and experiential knowledge needed to navigate this complex process.
Many law firms claim they can help you following medical malpractice. The Oatley Vigmond approach is what sets us apart. Many of our lawyers are certified as Litigation Specialists by the Law Society of Upper Canada; the only body that governs Ontario’s lawyers ensuring that the people of Ontario are served by lawyers who meet high standards of learning, competence and professional conduct. Our experienced personal injury lawyers help pursue compensation and address the long-term needs of the injured person and his or her family.
In Canada, most doctors are covered by a specialized medical defence organization called the Canadian Medical Protective Association. The CMPA defends doctors who are alleged to have been negligent in caring for a patient. Lawyers who specialize in medical malpractice are familiar with the CMPA and the evidence required in order to be successful in developing a claim.