Despite the regularity with which newborn children are successfully delivered in Canada, childbirth can be one of the most vulnerable times in a mother or young child's life. Obstetricians practicing in the Canadian healthcare system are expected to answer patients' questions, fully explain the birthing procedure, and see both the mother and the newborn child safely through the delivery. However, even in the most reliable healthcare systems, mistakes can be made which cause serious birthing injuries and may lead to an obstetrical malpractice claim.
Compared with other members of the Organization for Economic Co-Operation and Development (OECD), Canada has high rates of obstetric trauma with and without birthing instruments. In 2011, the rate of obstetric trauma during vaginal delivery with an instrument was 17 per 100 deliveries in Canadian hospitals, nearly three times higher than the average OECD rate of six per 100 deliveries. The rate of obstetric trauma during vaginal delivery without an instrument, meanwhile, was 3.1 per 100 deliveries, compared to an OECD average of 1.6 per 100 deliveries.
In obstetrical malpractice cases, there are a number of ways to measure the health and quality of care provided to the patient, and Neinstein's team of medical malpractice lawyers can help. For instance, injuries like birthing canal tears during vaginal delivery, or extended tearing to the perineal muscles and bowel wall can generally be avoided. While some tears are unpreventable, the risk of injury will be reduced by proper obstetric care. The prevalence of these injuries increases with the use of birthing instruments such as forceps or extraction vacuums. Patients should be made aware of this fact, and all risks associated with the delivery should be clearly communicated.
Considering Canada's unfortunately high rate of obstetric trauma, it is natural for families of expecting mothers to feel some nervousness as the delivery date approaches. Medical malpractice lawyers can help protect your family against obstetric errors, and in the unfortunate case of a birthing injury, will allow you to focus your attention on the mother and newborn child. In the face of tragedy, a medical malpractice lawyer can outline your options and help you navigate an often confusing and difficult time.
If you feel that either you or a loved one has grounds for a medical malpractice claim, you should contact a lawyer to assess your potential case. At Neinstein, you can consult with our medical malpractice lawyers without obligations or fees. Medical malpractice claims are complicated, and our lawyers are well-versed in both the legal sphere and in healthcare protocols.
Not only does the Neinstein team of medical malpractice lawyers have a breadth of experience in assessing birthing injuries, including Hypoxic Ischemic Encephalopathy, Brachial Plexus (Shoulder Dystocia), and Perinatal Stroke, they also understand the mental trauma that can accompany a serious medical injury. Neinstein will take care of your legal proceedings, leaving you and your family to focus on recovery and support.
If you live in Barrie and believe that you have a legitimate medical malpractice claim, contact one of Neinstein & Associate's experienced medical malpractice lawyers for a free consultation today.
The lawyers in our medical malpractice group at Neinstein are part of a winning team that is dedicated to patient safety. Our lawyers are frequently recommended by former clients and by the Lexpert directory.
Duncan Embury leads the medical malpractice team as a top-listed advocate by Lexpert and Best Lawyers Canada in 2020/2021. He is also a recipient of the Lexpert Zenith Award (2010) and the OTLA Distinguished Service Award (2013). All of the medical malpractice lawyers at Neinstein are passionate advocates both inside the courtroom and in the medical-legal community.
Contact a Neinstein medical malpractice lawyer today to schedule your free consultation at no obligation to you. If you or someone you love has suffered from the effects of medical malpractice, let our experience work for you.
If you or someone you love has suffered from the effects of medical malpractice, a lawyer at Neinstein LLP can help. Our medical negligence specialists will fight for your rights and the protection of your family when it is needed the most. Let our experience work for you.
Call 1-866-374-7916 or complete our online contact form to schedule your free consultation at no continuing obligation to you. We respect your privacy: your contact information and case details will always be kept in the strictest confidence.
Medical malpractice occurs when a healthcare practitioner falls below the standard of care and causes injury. We think of these as preventable injuries. Not all injuries or unintended consequences are a result of medical malpractice. It is important to speak with a lawyer and to have your medical records fully reviewed in order to determine whether medical malpractice may have occurred. In most medical malpractice cases, the injury is permanent and often life-altering.
Medical malpractice lawsuits are not designed to punish the wrongdoer. Instead, the lawsuits are focused on compensation. If you or your loved one has experienced a possible medical error resulting in injury, you are not alone. Our specialized team will guide you through every step of the process.
Injury to the brain can occur in a variety of ways, and is often devastating. We understand how difficult it is to navigate the consequences of an acquired brain injury. Whether you or your loved one has suffered stroke, a surgical complication, or any other medical error resulting in brain injury, our team has the knowledge and experience to help victims secure compensation for their future.
"Birth Injury" refers injury to infants during pregnancy, labor, delivery, or the post-delivery period. The injury often involves the brain. This can be diagnosed soon after birth, or there may be a delay before it is recognized. Birth injuries can lead to permanent disabilities. If you suspect your child may have suffered a birth injury, it is never too late to call us for advice.
Spinal cord injury can occur due to various types of medical error. The injury can occur suddenly as a result of a medical or surgical complication, or it may occur over time because of a delay in the diagnosis of an otherwise treatable issue. The impact of a spinal-cord injury can be life-altering. Our team has extensive experience working on behalf of victims of preventable spinal cord injury.
To prove medical malpractice, the person starting the lawsuit ("the Plaintiff") must have expert evidence to establish that the healthcare practitioner ("the Defendant") breached a reasonable standard of care and that the breach caused the injury. This is called proving liability. You must also prove that you suffered resulting damages that are recognized by law.
Our law requires the use of experts in medical malpractice cases. A qualified expert is the only person who can comment on the standard of care, if it was breached, and if it caused an injury. An expert's opinion must be based on the facts of the case, including a review of the medical records.
Having the right expert is extremely important.
Medical malpractice cases can be very complex. Most medical malpractice cases involve injuries that are serious, permanent, and have had a life-changing impact on the victim.
In Canada, claims for "pain and suffering" are capped. For practical reasons, most medical malpractice cases involve claims beyond pain and suffering. For example, these claims may include loss of income and care-related costs, which are not capped.
In most circumstances, our lawyers do not act on behalf of victims of dental malpractice.