Birth Injury Lawyer Halifax

Atlantic Canadians accessing medical care during childbirth have a reasonable expectation that the doctors and nurses involved in their care will take all appropriate and necessary measures to ensure the health and safety of both the individual giving birth, and the baby being born. Doctors and nurses have an obligation to monitor the baby’s wellbeing throughout the progression of labour and to intervene promptly when complications arise. When doctors or nurses fail to intervene despite clear signs of fetal distress, the consequences to your newborn can be devastating. 

At Wagners, we have extensive experience advancing medical malpractice claims for injuries sustained by newborns at birth. Our birth injury lawyers possess nuanced understanding of the standards of care applicable to obstetricians and obstetrical nurses during labour and delivery, and understand the ways in which a failure to meet this standard of care can result in profound harm to an infant.

A birth injury, sometimes referred to as birth trauma, occurs when a child is injured during the process of labour and delivery. Birth injuries can take many different forms, and have many different causes. Some birth injuries are apparent immediately after birth and require the newborn to be admitted to the Neonatal Intensive Care Unit (“NICU”) or undergo surgeries to address the injury. Other birth injuries can take time to fully manifest, and do not become apparent until months or even years after the child is born.

Some of the most frequently-litigated types of birth injuries include:

• Brachial plexus injury
• Hypoxic-ischemic injury
• Cerebral palsy

Birth injuries can range in severity based on the nature of the injury. In some cases, the newborn will recover without any lasting impairments following a traumatic birth. In other cases, newborns may experience permanent and profound brain damage and multi-organ failure that results in global developmental delay, restricted growth, hearing and speech delays, movement disorders, seizures, or even death. Birth injury cases are among some of the most complex and nuanced forms of medical malpractice litigation.

There are many possible causes of birth injuries. The precise cause of each birth injury depends on the clinical context and individual patient factors, however, some of the most common causes are explained below:

• Brachial Plexus Injuries: Brachial plexus injuries (“BPI’s) are one commonly-litigated birth injury. BPI’s are caused by damage to the nerves of the brachial plexus – being the network of nerves in the shoulder, at the base of the neck. In a birth injury context, injuries to the brachial plexus often arise in cases of shoulder dystocia, when one shoulder becomes stuck in the birth canal during delivery. When shoulder dystocia is identified, obstetricians will use a series of maneuvers to attempt to dislodge the impacted shoulder. These maneuvers often include the application of traction to the baby’s head via manual traction or application of forceps or a vacuum. When too much traction is applied, or applied at the incorrect angle, the nerves of the brachial plexus can become damaged or torn resulting in injury to the impacted shoulder.
• Hypoxic-Ischemic Injury: One of the most serious birth injuries that is commonly the source of litigation is hypoxic-ischemic encephalopathy, also known as “HIE”. HIE is a hypoxic-ischemic injury, which is a particular type of brain injury that is caused by an impairment of oxygen or blood flow to the brain during labour. Impaired oxygenation causes observable changes to the pattern of the fetal heart rate, which is closely monitored by obstetrical nurses during labour. It is important to note that permanent injury does not occur immediately; obstetrical nurses and doctors have time to intervene and expedite delivery before the child sustains permanent brain injury. When nurses or obstetricians fail to intervene, despite these observable signs of fetal distress, a child can be subjected to a prolonged period of impaired oxygenation resulting in irreparable brain damage and multi-organ injury.
• Cerebral Palsy: Cerebral palsy is a group of neurological disorders that affect movement, muscle tone, posture, and development. In the birth injury context, cerebral palsy is frequently associated with a hypoxic-ischemic insult during labour and delivery. When a child experiences a prolonged period of hypoxia, where the brain does not receive adequate supply of oxygenated blood, the child can experience profound brain damage culminating in cerebral palsy.