2000 Scotia One
10060 Jasper Ave NW
T5J 3R8, Canada
Birth Injury Lawyers Alliance of Canada
The Birth Injury Lawyers Alliance of Canada is a national network of personal injury and medical malpractice lawyers who specialize in supporting families affected by birth injuries. Our members are knowledgeable and caring advocates with access to experts in all aspects of birth injury to advocate for children and families.
Our Regional Alberta and Northwest Territories Birth Injury Lawyer
Joseph Miller, (Weir Bowen LLP) has litigated more medical malpractices cases than any other lawyer in the Province of Alberta and northwest territories. The largest personal injury award granted by Alberta courts occurred as a result of his counsel. He is experienced in litigating for a vast range of birth injury cases, and delivers seminars on medical malpractice.
Appointed Queen’s Counsel in 2010, Miller is a graduate of the University of Alberta, and has four sons. A volunteer with Minor Hockey Associations, Miller is also an active hockey and soccer coach.
Information about Birth Injuries
Birth Injuries include a wide range of adverse events that may occur prior to labour, during labour and delivery, or after birth. Frequently, these injuries affect the brain or spine of the newborn. Some birth injuries include:
Autism caused by Hypoxic Ischemic Encephalopathy (HIE). This injury may result when the infant brain is deprived of oxygen or blood flow during childbirth.
Behavioural Problems. Hypoxic ischemic events, as well as trauma due to medical interventions involving tools (forceps or vacuum), can sometimes result in neurological damage and concurrent behaviour problems.
Brachial Plexus Injury. This injury affects the nerves in an infant’s neck and may occur if the baby’s shoulder blocks him or her from proceeding through the birth canal. Called shoulder dystocia, the injury occurs if nerves are stretched or detached from as the obstetrician attempts to dislodge the infant’s shoulder. While the injury is usually temporary, occasionally the effects of the injury, such as impaired functioning of the arm, are permanent.
Cerebral Palsy. This neurologic injury may occur if oxygenation to the infant is impaired during an urgent or critical delivery. It may be caused by a number of complications including umbilical cord compression, rupture of the uterus, or maternal hypoxia, among others.
Fetal Macrosomia. This refers to babies larger than normal. It can be more difficult for large babies to pass through the birth canal, raising the risk of injury. Complications that may arise from Fetal Macrosomia include childhood obesity and metabolic syndromes.
Erb’s Palsy occurs in one to two infants out of 1000 births. Nerves in the shoulder, called the brachial plexus, may be damaged during a birth in which pressure is applied to the baby’s neck or shoulder during delivery. The nerve damage may cause paralysis.
Failure to Diagnose or Treat Preeclampsia. About eight to 10 percent of pregnant women are diagnosed with preeclampsia, which is characterized by high blood pressure. If incorrectly diagnosed and treated, preeclampsia can be life threatening for both mother and child.
Fetal and Neonatal Stroke. Previously believed to be unpreventable, fetal and neonatal stroke is sometimes due to preventable hypoxic ischemic episodes during labour.
Hypoglycemia. Babies at risk of hypoglycemia (low blood sugar) require vigilant monitoring before and during labour, and after delivery. Failure to provide adequate monitoring can result in a hypoglycemic brain injury.
Jaundice, Kernicterus & Hyperbilirubinemia. Jaundice, caused when a newborn’s liver is unable to process bilirubin (a blood byproduct) is a very common condition, and relatively simple to treat. However, if untreated, or improperly treated, more serious conditions may emerge and result in serious brain injuries to infants. The brain injury associated with abnormally high levels of bilirubin is called Kernicterus.
Meconium and Meconium Aspiration Syndrome.These injuries occur when a fetus has a bowel movement in utero or during delivery, and the amniotic fluid introduces the waste into the baby’s lungs or blood. It’s possible for infants to asphyxiate due to meconium.
Negligent Resuscitation of a Newborn. Some newborns have difficulty breathing immediately after delivery and are in need of some resuscitation. Negligent resuscitation can result in brain injury. Guidelines exist for appropriate training of birth attendants including techniques for ventilating or intubating.
Newborn Infections. Even minor infections can have serious implications for the health of newborns.
Periventricular Leukomalacia (PVL). This neurological injury is most common in babies born prematurely and results from a lack of oxygen to the brain.
Seizures. Seizures can sometimes signal that a brain injury has occurred during labour and delivery. They can also be caused by infections or bleeding in the brain, or even stroke.
Trauma from Forceps and Vacuum. The most common injuries from forceps and vacuums are hematoma and hemorrhage injuries.
Twin to Twin Transfusion Syndrome.This injury may occur when the twins share a placenta (monochorionic twins), and the blood flow between fetuses is unequal.
Whole Body Cooling (Hypothermia). This is a process that can mitigate the damage of a perinatal brain injury. It is imperative that healthcare providers are trained to recognize when this approach is recommended.
Alberta and the Northwest Territories Health Care and Resources
1441 29 St NW, Calgary, AB T2N 4J8
Women’s Health Clinic of Edmonton
604-11010 101st Street NW, Edmonton, AB T5H 4B9
101 – 10611 Kingsway Avenue
Edmonton, Alberta T5G 3C8
Phone: (780) 735 1000
310 South Tower, Foothills Medical Centre
1403-29 Street NW
Calgary, Alberta T2N 2T9
Phone: (403) 944-1242
Alberta Children’s Hospital
2888 Shaganappi Trail NW
Calgary, Alberta T3B 6A8
Phone: (403) 955-7211
550 Byrne Rd, Yellowknife, NT X1A 2N1
Birth Injury Statistics For Alberta, the Northwest Territories and Canada
Induced labour is often associated with birth trauma.
Rates of preterm births in Canada and Worldwide have steadily increased.
Premature delivery is associated with cerebral palsy and other significant health concerns.
Complications During Birth
On average, fewer than 50 percent of all birthing mothers had a complication-free labour and delivery from 2001-2005.
Compared with cesarean deliveries, midpelvic forceps and midpelvic vacuum deliveries lead to higher rates of maternal and infant trauma, according to a new study published in Canadian Medical Association Journal.
- A Canadian Medical Association Journal study on the number of adverse events among hospital patients in Canada revealed that 30 percent to 50 percent of complications are preventable.
Alberta caps damages awarded to parents who sue over the death of a child at $75,000.
- According to the Centers for Disease Control and Prevention (CDC), and infant with cerebral palsy alone may need around $1 million in medical care for a lifetime. With intellectual and emotional disabilities, the expenses can more than double.