New Study Shows that 1 in 4 Forceps Deliveries Cause Trauma to Mothers and Babies A recently published study of over two million one-baby deliveries conducted by the Canadian Medical Association Journal has revealed that, between 2004 and 2014, the rate of birth injuries involving forceps delivery has sharply increased from a rate of 19.4 […]
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What is the Limitation Period for Your Birth Injury Claim In Canada?
Many parents of children injured at birth are surprised to learn the length of time that they have to start a legal claim as birth injury compensation on behalf of their child. In most provinces in Canada, the limitation period is suspended while the child is a minor, after which a 2-year limitation period typically […]
Fort Nelson, B.C. Cannot Support Expecting Mothers
Insufficient Staffing Closes Maternity Services A November 28, 2017 memo from Airport Way Medical Clinic announced the permanent discontinuation of Maternity Services in Fort Nelson, British Columbia. The memo stated the reason being is that there is simply not enough staffing support to ensure safe obstetric care. Expecting mothers of Fort Nelson are now unable […]
Lucas Warren – The New Face of Gerber
2018 Gerber Baby Search With thousands of hopeful parents and babies seeking to be featured in Gerber ads each year, the Gerber Photo Search contest has captivated the nation every year since its 2010 conception. The 2017 search proved no different as parents submitted over 140,000 photos of their smiling babies, with the hope that […]
Risks of Uterine Contraction Patterns
Main Takeaways: Uterine contractions can compress the blood vessels in the uterus, potentially interfering in the transfer of oxygen to the placenta and the baby. In a normal labor, one contraction every two to three minutes or less than five contractions in a 10 minute period is ideal. A uterus must rest between contractions, having […]
Proving Causation in Medical Malpractice Cases
In order to succeed in a medical malpractice case, the patient must prove, on the balance of probabilities, the following: That the medical practitioner in question (physician, nurse, midwife etc.) owed the plaintiff a duty of care (usually not an issue), A breach of the standard of care required of any reasonably competent practitioner of […]
The Importance of Ultrasound in Pregnancy
Main Takeaways: An ultrasound uses high-frequency sound waves to create an image of a developing baby, the mother’s placenta, and uterus, usually during the second trimester. An ultrasound can provide very important diagnostic information about a developing baby, including confirming the pregnancy and gestational age; checking for multiple pregnancies, congenital anomalies, and/or problems with the […]
What Are the Future Needs and Care Costs in a Birth Injury Claim?
As discussed in earlier articles on adaptive equipment, housing and transportation needs, a birth injury lawsuit provides the opportunity to seek financial birth injury compensation to address the challenges in caring for a child who has suffered a preventable birth injury. A hypoxic event at birth may result in injuries that require complex care for the […]
Contingency Fees – Access To Justice In Birth Injury Cases
High Costs of Litigation As Canadians, we do not pay medical fees directly. Instead, the physicians who treat us are paid by provincial medical insurance plans which are funded by our tax dollars. This of course is not the case for lawyers. Unless we qualify for provincially funded legal aid, which is limited to criminal […]
Fetal Size, Percentile and Growth During Pregnancy
Main Takeaways: In certain pregnancies, such as premature or preterm babies, the size and growth of the fetus matters. Obstetricians use their experience, the fundal height of the mother, and an ultrasound to determine the fetal size. A term pregnancy of at least 37 weeks or more has an average weight of 6 pounds 6 […]
Pain and Suffering Damages
One of the most common pain and suffering damages questions we are asked is “what is my case worth?” The amount of damages available to a birth injury plaintiff depends on: the amount of the cost of care, which is determined by a cost of care expert during the course of the lawsuit; the child’s […]
Scalp Electrode for Fetal Heart Monitoring
Main Takeaways: A scalp electrode is applied to a fetus’ scalp which monitors the baby’s heart, similar to an ECG A scalp electrode monitors a fetus’ heart rate more accurately than an external monitoring method for a variety of reasons. Internal methods of heart monitoring are only of use after membranes have ruptured and when […]
Biophysical Profiles
Biophysical profiles are a form of test used to assess fetal well-being, usually performed during the third trimester. This test was developed by Dr. Frank Manning, an obstetrician who practiced in Winnipeg before moving to New York. It has been in use for approximately 30 years and is a relatively simple, risk-free procedure that can […]
Patterns of Brain Injury in Babies with HIE – The “Watershed” Injury
The pattern and distribution of brain injury provide important information which, in combination with the labour and delivery records, allows us to work backward to figure out how and when a baby was injured. Importantly, it also helps to predict what parents can expect for their child’s recovery and quality of life. These injuries are […]
Fetal Non-Stress Tests
Fetal non-stress tests are used in pregnancy to passively monitor the baby’s heart rate, which tells health care practitioners about the health of the baby. What A Non-Stress Test Tells You About Your Baby’s Health The number of beats per minute and the pattern of the baby’s heart rate can actually tell a health care […]
