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 […]
Blog
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. […]
How Do I Find an Experienced Birth Injury Lawyer?
After your child suffers a birth injury, you have to deal with a lot – time in the NICU, medical appointments, therapies, and dealing with your own feelings about what happened. In the midst of all of this, it can seem impossible to find a lawyer that you can trust to handle a medical negligence […]
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 […]
Improper Fetal Monitoring
During pregnancy as well as the labour and delivery process, it is critical to ensure that the baby is getting sufficient oxygen. This is done by monitoring the fetal heart rate (since fetal heart rate changes as oxygenation increases or decreases). An abnormal heart rate may indicate that the infant is in distress. If a […]
Parental Rights to Access Health Records After a Cerebral Palsy Diagnosis
If your child has been diagnosed with cerebral palsy, you may be overwhelmed by the news and unsure of what to do next. Cerebral palsy is a birth injury that is often caused by preventable medical errors. Obtaining your child’s medical records may be the key to determining what exactly happened. To get access to […]
Financial Support for Parents of Children with Disabilities
When your child is born with a birth injury or defect, your life changes in an instant. One of the biggest challenges that many parents of kids with disabilities face is financial strain. This may arise because one parent has to stop working to care for their child or simply from the costs associated with […]
Long-Term Effects of Placental Abruption During Labour
When a person is pregnant, a placenta develops in the uterus. The placenta provides oxygen and nutrients to the baby as it grows and removes waste products from the baby’s blood. If a problem develops with the placenta, it can affect the baby and mother’s health. For example, if the placenta separates from the inner […]
Financial Assistance for NICU Stay
When a baby requires specialized care after birth, they will often be transferred to the Neonatal Intensive Care Unit (NICU). A baby may need to stay in the NICU for a number of reasons, including a premature birth or complications during or after labour and delivery. The cost of a NICU stay can be significant, […]
True Knot in Umbilical Cord: Long Term Effects
Every pregnant mother hopes that things will go perfectly with her pregnancy, but sadly there are many things that can go wrong during a pregnancy. In most cases, proper monitoring and medical care during pregnancy, labour, and delivery can prevent or reduce the risk of serious complications – and increase the likelihood of a safe, […]
