Obstetrical Negligence Lawyer in the Halifax Area

Definition and Scope of Obstetrical Negligence

Obstetrical negligence is often considered a subcategory of medical malpractice. Medical malpractice cases are complex legal situations in which a medical or healthcare practitioner fails to uphold the accepted standard of care. The result is significant harm or injury to a patient.

How does a family know if their situation rises to the level of obstetrical negligence and medical malpractice? Often, a medical malpractice lawyer will review the case’s specifics and ask where there is enough evidence to answer one question: would a similarly trained medical professional administer the same level of care under the same set of circumstances? If the answer is no, you may have legal standing to seek compensation for your child’s injuries and medical expenses.

Some of the most common medical errors that can lead to significant birth injuries include:

• Failing to monitor the health of the mother or baby before birth
• Failing to diagnose abnormal fetal heart rates
• Failing to diagnose fetal abnormalities
• Failing to detect fetal distress
• Failing to diagnose placental issues
• Failing to order a cesarian section when necessary
• Improper use of medical tools or equipment during delivery, like forceps or vacuum extraction
• Leaving a newborn unattended for an extended period
• Handling an infant too aggressively
• Failing to detect and treat jaundice or other conditions after birth

Uncovering negligence can be challenging because medical malpractice and obstetrical negligence cases are highly fact-specific. A skilled lawyer can help determine whether medical negligence was at play and the value of your birth injury case.

Common Types of Obstetrical Negligence and Birth Injuries

Birth injuries can lead to a wide range of physical and mental complications. Some of the most common types of obstetrical negligence and birth injuries include:

• Cerebral Palsy – Cerebral palsy isn’t one condition. CP is a group of disorders that can affect a person’s mobility, balance, and posture. These disorders are caused by abnormal brain development or damage to the brain during the birthing process. Cerebral palsy varies in severity and can cause intellectual disabilities, seizures, stiff muscles, uncontrollable muscle movements, poor balance and coordination, and joint problems. Timely medical intervention and proper birthing techniques can prevent CP in some cases.
• Hypoxic Ischemic Encephalopathy – HIE is a condition that occurs when the brain does not receive enough oxygen or blood flow. It can happen before, during, or immediately after birth. Again, the severity of the condition depends on several factors, primarily how long the infant’s brain was starved of oxygen. Delaying diagnosis or treatment of the HIE or birth asphyxia can lead to long-term consequences such as learning difficulties, epilepsy, and cerebral palsy.
• Kernicterus – Kernicterus is brain damage that occurs when bilirubin levels in the blood become elevated after birth. Bilirubin is a yellow pigment produced when red blood cells in the body break down. A newborn’s liver does not always effectively remove bilirubin, which can lead to jaundice and then the rare condition kernicterus.
• Periventricular Leukomalacia – PLV is a significant brain injury characterized by the death of white matter in the brain caused by a lack of oxygen or blood flow. Infants can suffer motor disorders, delayed cognitive development, vision and hearing impairments, and coordination or mobility problems. Failure to address fetal distress, failure to administer oxygen, and other negligence-based issues can lead to PVL in infants.

Navigating the Legal Process: What Parents Need to Know

Filing an obstetrical negligence claim in Halifax can be complicated and overwhelming for a family managing the complications associated with an injured newborn child. You need an advocate and someone to guide you through the complex process of filing a medical malpractice case. A lawyer serving the Halifax area can help you navigate the legal process by:

• Evaluating your situation
• Collecting and preserving valuable evidence
• Identifying all liable parties
• Managing communication between all involved parties
• Negotiating for maximum compensation
• Preparing a medical malpractice lawsuit when necessary
• Managing legal deadlines

Evidence, including that of expert witnesses, is necessary to build a solid case and prove obstetrical negligence. Additionally, the Nova Scotia Limitation of Actions Act only gives you two years from the date you identify or should knowingly identify malpractice to file a lawsuit.

Choosing the Right Obstetrical Negligence Lawyer in the Halifax Area 

Choosing the right obstetrical negligence lawyer in Halifax can be daunting. Some key considerations you want to be aware of when selecting legal representation include:

• Experience handling medical malpractice and obstetrical negligence cases
• Exceptional reputation
• Track record of outstanding results
• Solid communication skills
• Transparent fee structure
• Available support team

The legal team at Wagners Law Firm can provide comprehensive legal support and know how to manage the legal intricacies of the local civil court system.

Proving Obstetrical Negligence

Proving medical malpractice can be challenging. It takes solid evidence, extensive documentation, and expert opinions to build a compelling case and prove the actions of medical personnel were substandard and resulted in harm to your child.

An experienced obstetrical negligence lawyer can strategize the best ways to gather and preserve evidence and address the legal challenges in your specific case. Medical malpractice cases are complex, and every situation is unique. You deserve to work with a lawyer who can personally evaluate your situation and prepare a customized legal plan that addresses the facts in your case.