Behavioral Problems

One of the issues to consider in the context of a child with behavioral issues is whether those issues may be due to a brain injury acquired during labour and delivery. Sometimes the behavioral issues meet the autism diagnostic criteria. However, not all children with behavioral issues meet that criteria and it is the task of the obstetrical lawyer to investigate the possibility that a hypoxic ischemic (an inadequate supply of oxygen to the brain) event, trauma from forceps or vacuum, or a stroke might explain the behavioral issues.

The starting point in the analysis is the proper interpretation of any MRI or CT imaging of the child’s brain. There are only a handful of pediatric neuroradiologists in Canada qualified to provide thorough interpretations of such imaging in a malpractice context. The interpretation of the imaging will provide important information on the existence of and nature of any brain injury. In some instances the pediatric neuroradiologist can provide opinion evidence on the most likely cause of the injury and its timing.

The obstetrical lawyer will likely also seek the opinion of a pediatric neurologist and often a psychologist or neuropsychologist.

Successful litigation for compensation for behavioral issues is based on solid opinion evidence from the top experts in the field. The obstetrical lawyer must understand the medical basis underlying the claim and must support the case with thorough and comprehensive opinions.

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Canadian Birth Injury Law Blog

HIE: The First Year

Hypoxic Ischemic Encephalopathy (HIE) is a type of birth injury that happens when a newborn’s brain doesn’t receive enough oxygen due to decreased blood flow. The consequences of HIE depends on the severity of the diagnosis. Mild HIE cases can result in little or no long term impact. A diagnosis of moderate HIE can mean […]

Alberta to Begin Screening Newborns for Four New Conditions

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DD v Wong Estate, 2019 ABQB 171

On March 11, 2019 the Honourable Mr. Justice W.N. Renke released his decision in DD v Wong Estate, 2019 ABQB 171. Weir Bowen lawyers Joseph Miller Q.C., Shelagh McGregor, and Ian Miller represented the Plaintiff LL, a growth-restricted infant who was born with a catastrophic brain injury. Damages were agreed upon prior to trial and the […]

Information about Birth Injury Childcare

Children who endure birth injuries will often have an array of disabilities that will last over the course of their lifetime. These disabilities may include cerebral palsy, in which a child has physical and cognitive disabilities therapy, treatment and lifelong care. Some birth injuries will only affect one specific area, for instance a mental impairment or […]