Birth Asphyxia Lawyer in Halifax

Holding Negligent Healthcare Providers Accountable

The birth of a child is supposed to be a magical time, but for far too many families, what should have been a happy day is clouded by complications. While some complications are unavoidable, others may result from medical error or negligence by a doctor or other health care provider. Perhaps the most serious birth complication is birth asphyxia. Learn how this can happen during birth, what long-term impact it can have on the baby’s health, and what you can do if you believe that your child suffered as a result of medical negligence.

Find out whether you may have grounds for a medical malpractice lawsuit if your child was affected by birth asphyxia when you call McKiggan Hebert Lawyers at 902-706-2298. Our experienced birth injury lawyers can explain how these cases work and review your situation to determine if you have a legal claim.

What Is Birth Asphyxia?

Birth asphyxia is when a baby does not get enough oxygen before, during, or immediately after the birth. The lack of oxygen can impact the brain and other organs, leading to potentially life-threatening or permanent complications.

Several potential factors can impact the risk of asphyxia. Prenatal complications, such as umbilical cord compression or prolapse, or issues with the placenta, can cause it. It can be more likely during a long or difficult labour. It can even happen after birth if the baby’s airway is blocked or there are additional complication factors, such as anemia, jaundice or hypoglycemia.

When you are in the hospital, you should be monitored during labour to watch for signs of fetal distress that could indicate that the baby isn’t getting enough oxygen. Depending on the situation, the doctor may recommend additional support measures, a change in the mother’s position, or even an emergency C-section. If a nurse or doctor misses key signs that birth asphyxia is happening and fails to provide the acceptable standard of care, it could be considered medical negligence.

What Long-Term Impacts Can Birth Asphyxia Have on a Child?

Birth asphyxia is one of the most devastating birth injuries, and it can lead to serious injuries. Birth trauma related to lack of oxygen has a wide range of potential impacts, and the severity of the issues depends on how long the baby was without oxygen and how quickly medical staff were able to intervene.

Birth asphyxia can lead to hypoxic ischemic encephalopathy, which is a major brain injury. It can result in neurological conditions such as cerebral palsy, seizure disorders, and long-term cognitive deficits. It is also one of the major causes of infant death after birth. Even when birth asphyxia is less severe, the lack of oxygen to the brain can also impair motor skills, which can result in delayed milestones like crawling or walking as well as permanent physical disabilities.

These physical and cognitive effects can have a long-lasting impact, with the child often requiring ongoing care, such as speech therapy and educational support, as they approach school age. In some cases, the family may need to make modifications to their home to accommodate assistive devices, such as wheelchairs. All of this can create ongoing financial strain and significantly impact the emotional health of everyone involved.

How Can Medical Negligence Contribute to Birth Injuries Like Asphyxia?

It is important to understand that not all birth injuries are a result of medical malpractice. Some birth injury cases happen even when doctors and other care staff do everything in their power to identify and prevent them. However, when a medical professional’s negligence or failure to provide the accepted standard of care contributed to the birth injury, it can rise to the level of medical malpractice.

In birth injury cases involving birth asphyxia, this can result from failure to properly monitor the baby during labour, ignoring signs of fetal distress, inappropriate use of delivery tools like forceps, and waiting too long to decide to move forward with a C-section. Labour and delivery situations can change quickly, and part of the doctor’s role is recognizing those changes as they occur and doing a rapid risk assessment to protect the mother and the baby.

Many of these cases involve doctors or other healthcare providers who failed to notice the danger or act quickly to intervene. If there is evidence to show that the doctor didn’t provide the accepted standard of care and that the outcome could have been different if they had done so, you may have grounds for a medical malpractice case.

How Do You Prove Medical Malpractice in a Birth Injury Lawsuit?

Medical malpractice lawsuits focus on two main elements: the doctor failed to provide the accepted standard of care, and the patient suffered harm as a direct result. In situations where a baby suffered a birth injury, this generally includes detailed medical records and opinions from medical experts.

Labour and delivery records play a key role in proving birth injury claims because they include detailed notes from the doctor and other staff, such as nurses. These show when and how medications were administered and when decisions were made. Fetal heart monitoring records can also be used to establish the onset of fetal distress and what was happening with the baby during that time.

Medical experts, who are often obstetricians, paediatric neurologists, paediatric radiologists and neonatologists in these cases, can be helpful when interpreting medical records and identifying whether the accepted standard of care was followed. They can help pinpoint critical decision points in the labour and delivery process and identify when and what interventions should have taken place. Medical experts can also help determine the potential long-term impact of the baby’s injuries and what that could mean for their future care needs and quality of life.

Is There a Limit to How Long You Have to File a Birth Injury Claim?

The standard time limit to file a personal injury claim does not apply to birth injury lawsuits! The limitation period for personal injury claims in Nova Scotia is two years. However, when the victim is a minor, the limitation period can generally be postponed until the child reaches the age of 19. This is because the law recognizes that a child is not able to take any legal action on their own. However, this does not mean that you have to wait this long to file a lawsuit.

Parents can file a medical malpractice claim on their child’s behalf, which means you can start the process much sooner. However, it is still important to talk with a lawyer about how the limitation period can impact your claim and the right time to file. In many cases, the compensation from these claims can help families provide the care their child needs and help regain some financial stability. But it is important to ensure that you have as complete a picture as possible for the full extent of the child’s injuries. It can take months or even years for some neurological conditions or developmental delays to show, and settling too early could mean not getting all of the compensation you may have been entitled to.

How Can a Halifax Birth Asphyxia Lawyer Help You?

Navigating a medical malpractice claim after giving birth or while parenting a child with special needs can be challenging, but you do not have to do it alone. Our Halifax birth injury lawyers can help you make sense of what happened during the labour and delivery process and whether it may qualify as medical malpractice.

The majority of these claims are settled out of court. Working with a lawyer from the very beginning can help you put together a strong claim and evaluate and negotiate any settlement offers. At McKiggan Hebert Lawyers, we are dedicated to ensuring that families affected by medical negligence and birth injuries have the support and legal guidance they need. Call our office at 902-706-2298 to learn more about your options and what a claim may look like in your situation.