The doctors and hospital staff who attend birth have a uniquely intense responsibility. They are responsible for helping mothers bring new life into the world.
Unfortunately, despite holding such an important and trusted position, these doctors and staff occasionally make mistakes or fail in their duties.
In some circumstances, this can result in serious injuries to the infant or the mother involved in the birth.
If you or a loved one was injured due to the actions or negligence of hospital staff while giving birth, you may be entitled to compensation and have grounds to file a birth related medical malpractice suit.
What You Need To File A Birth Related Malpractice Suit
In order to have grounds for a birth-related medical malpractice lawsuit, you will need evidence that the actions or negligence of the doctors or hospital staff caused an injury to the mother during birth.
This might include medical records, witness testimony, photographic evidence, or any other form of admissible evidence.
Some of the most common injuries related to malpractice when giving birth include:
- C-Section Mistakes: Errors during a C-Section can result in excessive scarring, infections, and extended pain.
- Anaesthesia Mistakes: Improperly anaesthesia administration or monitoring can result in brain damage and possible death.
- Preeclampsia: Before and during the birth, the doctor must keep a close watch on the mother’s blood pressure to look for signs of preeclampsia, a form of hypertension induced by birth which can result in seizures during labor if not treated.
Not all injuries sustained during birth are physical. If the mother is suffering from emotional trauma after the birth due to the actions or negligence of doctors or hospital staff, this may be grounds for a malpractice lawsuit.
Other than evidence, you will also want a good accounting of any expenses which resulted from the incident. Should you succeed in the lawsuit, the hospital or doctor’s practice may be liable for expenses including:
- Medical expenses
- Pain and suffering
- Lost wages
- Counseling expenses
- Physical therapy expenses
How Long Do I Have To File My Claim?
Under Canada’s statute of limitations, you have two years after becoming aware of the injury to file a lawsuit.
In many cases, the date the injury occurred is considered the date which a reasonable person should become aware of the injury and two years after this date is the end of eligibility for filing a lawsuit.
However, if it has been more than two years since the injury occurred, you are able to file and argue to convince the courts of why you did not become aware of the injury until a later date.
How To File A Birth Injury To Mother Claim
The most essential tool in your legal arsenal is a qualified and experienced attorney.
Don’t go it alone. Get in touch with our expert legal team to get the representation you deserve and the compensation you’re owed.
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