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Birth Injury Lawyer

Woman who suffered a birth injury during delivery

Personalized support for those who have suffered medical errors during pregnancy, labour or delivery

A birth injury lawyer can provide invaluable help if you have suffered harm as a result of medical negligence or malpractice during pregnancy or childbirth. Medical errors can cause significant harm to both mother and child. Errors can include negligence during labour, misdiagnosis or the use of inappropriate medical procedures. The after-effects of such errors can be serious and may include cerebral palsy or other lasting disabilities, or even the death of the mother or child. These incidents can also have devastating psychological consequences for families. 

If you have been the victim of a medical error during childbirth, know that you have rights and that medical liability and negligence lawyers can help you obtain compensation for the harm you have suffered.

Solid experience in obstetric errors

Our law firm specializes in birth injury malpractice and has extensive experience in other types of medical malpractice. Since Medlégal was founded, we have handled numerous cases involving medical errors and negligence during pregnancy, labour, delivery, and the immediate post-delivery period. 

Our approach is based on a thorough understanding of all relevant medical and legal issues, as well as an unwavering commitment to defending the rights of victims. Our lawyers understand the complexities of health law and work closely with medical experts to assess each case. We know how traumatic it can be to suffer a birth injury, and we are committed to using our compassion and expertise to support you in obtaining justice and compensation.

Medical liability during pregnancy, labour and delivery

Health professionals, including obstetricians, gynaecologists and midwives, have a vital medical responsibility during pregnancy and childbirth. They must follow strict protocols to protect the safety and well-being of both mother and child. Medical responsibility is based on the principle of compliance with the standards of care recognized by the medical community. 

Healthcare professionals may be held liable if they fail to comply with these standards. Negligence, medical malpractice or misdiagnosis can have serious consequences. Doctors and other healthcare professionals are liable when they fail to comply with accepted standards and, as a result, cause harm to their patients. For example, an obstetrician who fails to monitor the fetal heart rate correctly during labour may be held liable if the child suffers cerebral palsy. 

List of medical errors during childbirth for which the medical profession is liable

Here are some of the most common medical errors for which healthcare professionals can be held liable:

  • Misdiagnosis: failing to detect a complication, such as fetal distress.
  • Inappropriate interventions: incorrect use of forceps or vacuum.
  • Poor management of labour: late decision on the need for a caesarean section.
  • Negligence during vaginal delivery: failure to monitor fetal heart rate adequately.
  • Medication errors: administering a contraindicated drug or an incorrect dose.
  • Omission of postpartum care: failure to treat postpartum haemorrhage.

These errors can result from a variety of factors, including a lack of adequate training, overwork or miscommunication between members of the medical team. The consequences of errors can be serious. For example, a late caesarean section can result in oxygen deprivation for the baby, leading to permanent brain damage. Similarly, incorrect administration of medication can cause serious adverse reactions, compromising the health of both mother and child.

What should you do if you are the victim of a birth injury?

If you think you have been the victim of a medical error during childbirth, you need to take action promptly with a healthcare lawyer. Follow these steps:

  1. Contact a lawyer who is an expert in birth injury malpractice to assess your situation.
  2. Request a complete copy of your medical file from the healthcare institution.
  3. Make a note of all the details and circumstances surrounding the medical error.
  4. Respect the time limits: in Quebec, the time limit for taking legal action for medical malpractice is three years from the discovery of the error.

It is also advisable to gather and protect all documents and communications relating to your case, including emails, letters and medical reports. These documents are key to establishing the chronology of events and demonstrating the causal link between the medical error and the harm suffered. Consult a birth injury lawyer as soon as possible to make sure that every possible step is taken to protect your rights and maximise your chances of success.

How a birth injury lawyer can help

There are several ways a birth injury lawyer can help you:

  • Assessment of your case: the lawyer will begin with an in-depth analysis of your medical records and the circumstances surrounding the birth in order to determine whether a medical error was in fact committed and whether it was the cause of the harm suffered.
  • Consultation with medical experts: it is necessary to work with medical experts to establish a causal link between the medical error and the injury suffered. These experts can provide professional testimony that strengthens your case by proving medical malpractice during childbirth and its impact.
  • Knowledge of legal procedures: a lawyer experienced in medical errors related to childbirth will be familiar with the legal procedures to be followed when taking legal action and will take care of drafting and filing the necessary documents so that your case complies with all procedural requirements.
  • Negotiations: before going to court, your lawyer will try to negotiate with the healthcare institution and insurers to obtain fair compensation without going through a long and costly trial.
  • Legal representation: if an amicable resolution is not possible, your lawyer will represent you in court, presenting evidence and defending your rights to obtain adequate compensation for the injury suffered.

Birth injury lawyers have in-depth knowledge of the laws and regulations governing healthcare. They can guide you through the complexities of the legal system and make sure that your case is presented in a clear and convincing manner. In addition, their experience in negotiation and pleading can be decisive in obtaining adequate compensation. By working with a lawyer, you increase your chances of success and of receiving fair compensation for the physical, emotional and financial damage you have suffered.

Why hire Medlégal's birth injury lawyers?

Turning to Medlégal’s birth injury lawyers will open the door to the following benefits:

  • Recognised medical expertise: our lawyers specialize in medical liability and have extensive experience in cases involving birth injuries.
  • Dedication and personalized support: we offer both human and legal support according to your specific needs at every stage of your case.
  • Collaboration with experts: we work with doctors and specialists to provide solid expert evidence and strengthen your case.
  • Track record of success: we have helped many victims obtain substantial compensation for the harm they have suffered.
  • Compassionate approach: we understand the emotional and physical impact of medical errors and are committed to helping you obtain justice.

If you or your child have been the victim of a medical error or negligence during childbirth, consult a birth injury lawyer as soon as possible. Contact the lawyers at Medlégal for expert, personalized help in defending your rights and claiming the compensation you deserve. Don’t wait for legal deadlines to expire; act now to protect your rights and those of your child.