If your baby is born premature or with certain medical conditions, they may not be able to stay with you in the maternity ward of your hospital. Instead, they may be moved to a different unit to receive specialized care: the NICU. While in the NICU, a team of specialists will provide a higher level […]
Archives for 2023
A Parent’s Perspective: from Despair and Confusion to Hope
As a parent of a child with a birth injury, I had to make the very difficult decision to file a medical malpractice claim. My son’s birth injury was entirely preventable, and led to a diagnosis that will affect him for the rest of his life. While the choice to file a birth injury claim […]
The Truth About Medical Consent Forms
Medical consent forms are frequently signed by patients prior to undergoing medical or surgical treatment. However, the legal effect of the medical consent form is not well understood by many Canadians. It is a common misunderstanding that a medical consent form signed before medical or surgical treatment prevents an injured patient from claiming against healthcare […]
Did your Child Suffer a Birth Injury? What You Need to Know to Effectively Protect Your Child’s Rights
When a child suffers a birth injury, there really isn’t a guide that tells you exactly how to handle the different situations that arise. Parents are often overwhelmed with the challenges of parenting a newborn who may have significant medical needs. At the same time, they are dealing with their own emotions about what happened. […]
If I Ask Questions, Will My Child’s Medical Care Be Compromised?
One of the common fears we at BILA hear from families when they are contemplating bringing a legal claim for compensation for injuries to their child at birth, is whether pursuing a legal claim against doctors or nurses will compromise their child’s future medical care. Families may be particularly concerned if they live in a […]
I Am Already Overwhelmed – I Don’t Have Time to Deal with a Lawsuit
One of the biggest reasons why parents of children who have sustained birth injuries don’t reach out to lawyers is that most of them are overwhelmed with the day-to-day reality of caring for a child who has high medical needs. This is completely understandable, as facing both the emotional and practical challenges associated with parenting […]
I Don’t Want to Blame My Doctor – They Did Everything That They Could
After a child suffers a birth injury, parents often experience a number of conflicting emotions. They may feel guilt, anger, sorrow, and fear for their child’s future. They may also have conflicting feelings about pursuing litigation against the at-fault medical provider. During pregnancy, labour and delivery, parents often form a close bond with their doctor. […]
A Parent’s Guilt – Should I Have Said or Done Something Differently?
As a parent, one of our primary responsibilities is to protect our children. When our child is injured, we often blame ourselves – even if there was nothing that we could have done to prevent the injury. In birth injury cases, parents often believe that they could have said or done something differently. While these […]
Medical Literature in Birth Injury Cases: Real, Reliable, or Junk Science?
While birth injuries are relatively rare, when they happen to your child, the impact can be devastating. Many birth injuries can result in permanent disability and/or lifelong complications. When these birth injuries are caused by medical negligence, parents may be able to file a claim against the doctor or healthcare provider. A medical malpractice claim […]
