Expertise
We have helped hundreds of families whose child has been impacted by a birth injury.
Having a baby is an exciting time, an event that should be filled with great joy. Every expectant parent has dreams of a life full of accomplishment and happiness for their child. While most children are born healthy, a small number of newborns suffer injury at or near the time of birth. These traumatic birth events are devastating for every parent. Once the initial shock has started to wear off, most parents want to know what happened to their baby. Questions arise about why their baby was injured, and whether the injury could have and should have been prevented. This is the time to turn to a Birth Injury Lawyer for help. Finding the answers to these questions can be difficult. An experienced Birth Injury Lawyer can help answer these questions for parents. As personal injury lawyers with considerable experience in Birth Injury cases, we are here to help. If you have any questions about medical negligence leading to a Birth Injury, we may be able to help you find the answers.
What are birth injuries?
Most Birth Injuries are related to a disruption in blood flow to the baby’s brain, although other forms of trauma also occur at or around the time of birth. Injury to the baby’s brain from impaired blood flow to the brain can occur before labour, during labour and delivery, or shortly after birth. If severe enough, the impaired flow of oxygen can cause permanent injury to the baby’s brain, resulting in a diagnosis of Cerebral Palsy. Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of their lives. They will have need for care, therapies and surgical interventions, often for life.
Other injuries from physical trauma can also occur, most notably from shoulder dystocia, resulting in injury to the nerves in the neck, shoulder and arm. Other forms of Birth Trauma are described below.
Types of birth injuries
Some examples of birth injuries would include:
- Fetal & Neonatal Stroke
- Hypoglycemia leading to brain damage
Newborn Seizures
There are few things as terrifying for a new parent than watching their baby seize for the first time. Depending on the type of seizure an infant experiences, they may go limp, experience tremors, or display muscle spasms.
Watching your child enter into an altered state of consciousness or seeing them lose control of their body is acutely frightening. But when the seizure is over and you begin to wonder what might have caused it, you may discover you have much more to worry about.
A seizure in an infant is most likely the effect of brain damage from a traumatic childbirth, a congenital birth defect, or an infection. Whatever the cause, all infant seizures are the result of abnormal electrical signals in the brain that may indicate a birth injury and/or cause additional injuries to the newborn.
Seizures in newborns.
What types of seizures could a newborn experience?
There are a variety of ways to categorize seizures depending on the part of the brain that is affected and/or the symptoms of the seizure. Previously referred to as either “petit mal” seizures or “grand mal” seizures, the medical community now divides them into partial seizures or generalized seizures.
Partial seizures include:
- Simple focal seizures - usually involving the occipital lobe at the back of the head. These seizures cause muscle spasms in isolated muscle groups. They can also cause autonomic, somatosensory, or psychic symptoms.
- Complex focal seizures - abnormal electrical messages in the temporal lobe of the brain cause the infant to lose consciousness or experience impaired consciousness.
Generalized seizures include:
- Subtle seizures - the most common type of newborn seizure, the infant may experience changes in breathing patterns or facial movements, brief rigidity or moments jerking, inability to focus eyes, become less alert.
- Atonic seizures - cause a sudden loss of muscle tone that creates limpness and usually results in a non-responsive state.
- Tonic seizures - which cause muscles to become rigid and stiff.
- Myoclonic seizures - the infant twitches or jerks a part or all of their body.
- Clonic seizures - the infant experiences convulsions (rhythmic jerks or shakes).
- Tonic-clonic seizures - rigidity is followed by convulsions.
- Infantile spasms - occurring in infants under six months of age, as the baby falls asleep or wakes up (s)he may experience sudden spasms in a part or all of the body.
What causes newborn seizures?
Seizures are most common in the first year (and especially the first month) of an infant’s life. Pre-term babies and babies with low birth weights are also at a higher risk for experiencing seizures. Although some seizures may be caused by genetics or issues with metabolism (low levels of calcium, magnesium or glucose in the blood), birth injuries are a major cause of this condition:
- Fetal stroke, a disruption of blood flow to the brain between 14 weeks after conception and the onset of labour, can cause postnatal epilepsy and Cerebral Palsy-related seizures. Perinatal strokes, which occur later in pregnancy (at about 20-22 weeks of pregnancy to the end of the first month after birth), are more common. And the risk of stroke is likely greatest in the week surrounding delivery.
- Oxygen deprivation during labour, delivery, and in the period immediately following birth is likely the most common cause of brain injury during childbirth. Unlike strokes which generally occur in one half of the brain, hypoxia and ischemia cause cell death, damage in the entire brain and cerebral dysplasia or dysgenesis.
- Head trauma during or immediately after the delivery can also result in brain damage and seizures. Most often this trauma occurs during difficult births where extraction devices such as vacuums or forceps are used to pull the baby out. When used improperly or if too much force is exerted, these instruments can cause skull fractures, hydrocephalus and hematomas.
- Postnatal infections such as meningitis or encephalitis can also cause seizure-related brain damage. Group B strep is an especially common maternal infection that affects as many as one in four pregnancies and is strongly linked to seizures. Untreated infections in newborns that result in fevers increase the risk of seizures.
How are infant seizures diagnosed?
Different types of seizures are often linked to different causes or syndromes. Partial seizures tend to be caused by an injury as a result of brain damage while idiopathic epilepsy syndromes tend to cause generalized seizures. More than three in four children who have seizures have experienced more than one type, and one type of seizure can progress to a different type over the course of a child’s life.
To determine what injury or condition is causing the seizures, a doctor may perform an electroencephalogram (EEG) to measure electrical activity and impulses in the brain. Multiple EEGs may be required for the doctor to observe what brain activity looks like between seizures. When EEGs appear normal, magnetic resonance imaging (MRIs) or computerized tomography (CT) may be used to determine if structural damage or obstructions are causing the seizure.
Treating infant seizures.
Treating neonatal seizures depends on the type, age of onset, cause and whether the child has other medical conditions. If the baby experienced a lack of oxygen during delivery (hypoxic ischemic encephalopathy), they may undergo hypothermic treatment to cool the brain and body for several hours or days following the adverse event. Cooling the brain and body has been found effective to limit brain damage in some cases.
If the seizures are thought to be epileptic episodes, anticonvulsants may be prescribed. These include:
- Phenobarbital.
- Phenytoin.
- Clonazepam.
- Zonisamide.
- Stiripentol.
- Carbamazepine.
- Levetiracetam.
- Lamotrigine.
- Sodium valproate.
- Vigabatrin.
- Pyridoxine.
Some types of seizures may become less frequent or disappear with age, while others remain a life-long affliction.
Should I consult a birth injury lawyer?
Many types of seizures are evidence of a brain injury. Asking how this injury occurred and whether it could have been prevented are the first steps in determining whether another person’s negligence caused or contributed to this tragic situation.
If you believe your baby’s seizures are related to a complicated and challenging delivery, improper or insufficient prenatal or postnatal care, other actions or inaction on the part of your doctor, midwife, or other medical providers, they may be liable for damages for your losses and you might want to contact a medical malpractice lawyer.
Medical professionals must adhere to standards of care which are designed to minimize risks of adverse outcomes. For obstetrics, these include:
- Careful monitoring of maternal and fetal health during pregnancy, and following up on any abnormalities.
- Screening an expectant mother for conditions which pose a risk for a vaginal delivery, including maternal infections such as StrepB.
- Monitoring the fetus for signs of stress during labour, and acting decisively if a caesarean section is needed.
- Using appropriate care if pulling the baby from the birth canal or using equipment such as vacuums or forceps.
- Checking for signs of complications after birth, such as meconium aspiration syndrome and monitoring for signs of infection.
Mistakes can happen and medical professionals are not held to a standard of perfection. But if their negligence has caused your baby serious harm, you should be able to receive compensation and damages for all that you’ve lost.
Gluckstein Personal Injury lawyers can help.
When you contact a member of our brain injury lawyers team for a free, no obligation consultation, you will soon see that Gluckstein Personal Injury Lawyers cares about you and your family beyond a potential legal case. As a firm committed to providing full-circle care, we want to do whatever we can to help your child live his or her best life possible, and to help you and your family heal from this trauma.
After listening to your story with empathy and interest, we will explain your rights and outline some of the ways you may choose to proceed. If you decide to pursue a medical malpractice suit with us, we will take time to ensure you understand the process. When we take on a case, we believe we stand a good chance at success. That’s why we only get paid if we help you achieve a settlement or court award. We cover the costs as we pursue justice for you.
If you want a sense of closure as you and your family move forward on a journey to healing, contact Gluckstein Personal Injury Lawyers to learn how we can help.
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What our birth trauma lawyers can do
If you think your child or grandchild has suffered a Birth Injury that might have been preventable, we can help make that determination. We start by meeting with you to get the facts. We then obtain all the relevant medical records and perform a detailed and comprehensive review. Where indicated, we will consult with highly qualified, respected and independent doctors to get the answers you need and deserve.
Consultation
There is no fee charged for your initial consultation about your Birth Trauma case. In our first meeting, we will carefully discuss the relevant obstetrical history as well as the circumstances surrounding labour and delivery. We will obtain the antenatal records, the labour and delivery records, the fetal heart tracings and the newborn records, at no cost to you. Following our careful analysis of those records, we will again meet with you to discuss our findings and move your case in the right direction, again at no cost to you.
Investigation
If concerns are identified, following our review of your Birth Trauma case and our meeting with you to discuss the records and issues, we will consult with highly trained medical experts. We seek support from these medical experts to demonstrate that the health care provided did not lead up to reasonable expectations – called a breach of the standard of care. We also seek medical support to prove that the failure to provide proper medical care resulted in your child’s Birth Injury – called “causation”. Once we have the required expert support to establish your case, we can proceed with a birth injury claim for compensation for your child and your family.
Building the case
The goal of a Birth Trauma medical malpractice claim is to get your child and your family the justice and compensation you deserve for an injury that should have been avoided. The economic and emotional burden of caring for a child injured by Birth Trauma is enormous. All affected families are in need of substantial assistance. Your Birth Trauma Lawyer must ensure all the required steps are taken to get the compensation you deserve. These cases are complex and usually take many years to prosecute. Due to the complexity of these cases, it is important that you select a Birth Trauma lawyer with both experience and credentials
Contact a birth injury lawyer today
If you and your family have been affected by Birth Trauma, Gluckstein Lawyers can help you. We have a team which includes lawyers, clerks and a client liaison who herself has experienced the entire process of a birth trauma case. Our birth injury lawyers in Toronto, Ottawa, and Niagara, Ontario have vast experience in these cases and will tirelessly advocate for your child and your family.
Contact us for a free consultation today.
How long do I have to file a lawsuit if I suspect my child has sustained a birth injury or perinatal injury?
Typically, in Ontario, you have two years from the day which the injury occurred, or the day you discovered that the injury had occurred, to bring a lawsuit or file a claim relating to the personal injury. In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the lawsuit.
It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful to learn about your legal rights early.
How will I find out what happened to my child?
Our lawyers will use a combination of resources to determine what happened in the context of a birth or perinatal injury. We will start the investigative process by obtaining the medical records and by gathering information from our clients. We will then seek out the most appropriate medical and non-medical experts to interpret and provide opinions and expertise as to whether there was a breach of the standard of care, whether that breach caused the injuries suffered, and the extent of the injuries suffered. Throughout the litigation process, we will receive further evidence as to what happened through the exchange of documents between parties and through the Examination for Discovery process.
What will legal action cost? What will I have to pay?
Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation.