HomeNews Obstetrical Malpractice What is Obstetrical Malpractice and How Can a Medical Malpractice Lawyer Help?

Dec 12, 2019 in News --> Obstetrical Malpractice

What is Obstetrical Malpractice and How Can a Medical Malpractice Lawyer Help?

What is Obstetrical Malpractice and How Can a Medical Malpractice Lawyer Help?

Childbirth can be a moment of profound joy, but it is also a moment of risk and vulnerability. In Canada, about five babies die per 1,000 live births, and several more experience serious injuries during the birthing process. In these tragic circumstances, an experienced obstetrical malpractice lawyer can help your family find closure.

What is Obstetrical Malpractice?

The term ‘obstetrics’ refers to the branch of medicine and surgery relating to pregnancy, childbirth, and the postpartum period. Obstetricians, often referred to as OB/GYNs, provide medical care throughout the pregnancy, including during labor and delivery. Obstetrical malpractice includes errors or moments of negligence occurring during this sensitive period.

Types of Obstetrical Malpractice

Obstetrical malpractice can take many forms and may occur during pregnancy, delivery, or recovery from the birth. Instances of obstetrical malpractice include:

  • Incorrect administration of medications or treatments
  • Providing inaccurate or incorrect advice during pregnancy
  • Failure to monitor, detect, or treat maternal infections
  • Failure to identify or treat prolapsed umbilical cord
  • Misdiagnosis or delayed diagnosis of other injuries or illnesses
  • Anesthesia errors
  • Surgical negligence during Caesarian section operation
  • Improper use of birth-assisting tools

Injuries from Obstetrical Malpractice

Obstetrical errors can have lifelong consequences. Seriously injured infants may experience physical and mental developmental challenges; some require lifelong care and support. Common obstetrical injuries include:

  • Birth asphyxia, which occurs when the infant’s brain is deprived of oxygen. This injury can be caused by umbilical cord issues, maternal bleeding, abnormal birth presentation, and a variety of other issues. It can cause brain damage leading to cerebral palsy, epilepsy, and other disabilities.
  • Brachial plexus injuries, which are injuries to the column of nerves that control movement and sensation in the arms and hands. These injuries are most often caused by compression inside the womb or during delivery, and can cause long term issues including Erb’s palsy (weakness or loss of motion in the arms); Klumpke’s palsy (weakness or loss of motion in the forearms, hands and fingers); reduced balance, coordination, and stamina; joint dysfunction; discrepancy in limb length; and impaired bone growth, among others.
  • Lacerations, bruises, broken and fractured bones

Pursuing an Obstetrical Malpractice Claim

Injuries during childbirth can cause serious, long lasting health issues. In some cases, the child may require lifelong support and medical attention. These services can be extremely costly; in these situations, an obstetrical malpractice lawyer can help the family recover compensation to address these significant financial challenges.

In order for an obstetrical malpractice claim to be successful, the plaintiff must prove that they were owed a duty of care by the obstetrician; that they incurred demonstrable damages; that the obstetrician failed to provide a reasonable duty of care; that the obstetrician’s breach of this duty of care was the proximate cause of the damages; and that the results of the breach were reasonably foreseeable.

Contact Neinstein Medical Malpractice Lawyers

If you or a member of your family has been affected by obstetrical malpractice, contact Neinstein Medical Malpractice Lawyers today to schedule a free, no-obligation consultation with an experienced obstetrical malpractice lawyer. Our team will assess your claim, explain the next steps, and provide guidance and support throughout the legal process.

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N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It's great to know that we now have the ability to take care of our daughter and her future needs.

I would recommend Duncan without even a moment's hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft and truly cares about the families he represents."
 
C.R. Medical Malpractice Lawyer Testimonial from C.R.
"In 2010, I met Duncan for the first time with my wife. He explained to me that he had reviewed all the information I had sent to his firm and he said he couldn't believe what he was reading. With that he looked at me and said he would like to help me, because there is a good cause for legal action. So he took the case and things started moving along. The ordeal took many years but we eventually closed the case.

During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
Farima M. Medical Malpractice Lawyer Testimonial from Farima M.
"I have never seen a lawyer like her, that she cares about the client, understand me and my problem listening to me explaining as much as I need, answered all my questions and I'm lucky to have her help me. Thank you so much for your help and hard work."
 
Bela P. Medical Malpractice Lawyer Testimonial from Bela P.
"To those who are experiencing any injustice or insurmountable degrees of stress over an injury or the loss of a family member due to unexplained issues, you need not look any further. The Neinstein team are there for you and to relieve your pain. I'm very pleased to have met Duncan and Erik, who took on our case re the loss of our mother. I assure you that you're case will be well taken care of. Thank you Erik and Neinstein."
 
Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
"Duncan Embury and Sonia Nijjar at Neinstien helped us through one of the most difficult and vulnerable times of our lives. We were impressed with their professionalism and responsiveness to our needs as well as their compassion for our situation. They earned our trust with their hard work and I would not hesitate to recommend them to others."
 
Rathini S. Medical Malpractice Lawyer Testimonial from Rathini S.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
Rathini S. Medical Malpractice Lawyer Testimonial from David R.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
J.R. Medical Malpractice Lawyer Testimonial from J.R.
"Duncan and Sonia met my family at a time where we were dealing with very difficult circumstances and couldn't see the light at the end of the tunnel. They took on our complex case and fought for us tooth and nail until they sought justice for us! We are so incredibly grateful for their perseverance and grace. We couldn't have gotten through it without them. Thank you."
 
D.D. Medical Malpractice Lawyer Testimonial from D.D.
"5 Stars !!!!! We both feel grateful to Neinstein and its lawyers for accepting us as clients. Daniela Pacheco patiently explained to us processes and next steps. Her guidance provided comfort. She always fought for us and never gave up. We were represented with compassion and our cause was pursued with determination and commitment."