Toronto Fractures Lawyers
Childbirth is often a difficult process, but bringing a life into the world can quickly turn tragic if the child is wounded during birth. What should be a happy moment can become life-altering for much worse reasons when a child experiences severe trauma. No matter their cause, injuries at birth due to medical negligence can be devastating both for the child and their families. This is especially true for bone fractures, which may not be immediately apparent after birth. Medical studies have shown that roughly 1 in 1000 births result in the infant suffering a bone fracture of some kind. Certain complications can make these kinds of injuries more likely to occur. When labor and delivery become traumatic or lengthy, medical complications and errors become more common. The baby is also much more likely to receive a fracture or broken bones when medical instruments and procedures are used incorrectly. No family should have to pay the medical costs for an injury to their infant caused by someone else’s irresponsibility. If your new baby is showing symptoms of a bone fracture, you should contact your doctor immediately and let them know.
Parents count on doctors and hospital staff to use their best judgment and operate within strict medical safety guidelines. Sometimes, however, medical staff can put the health of mothers and babies at risk through negligent birthing procedures. Forceps or vacuums can be used in a heavy-handed manner, C-Sections might be negligently delayed, and routine procedures can be botched by medical staff. Such negligence may not be immediately obvious, especially when the fracture does not present noticeable symptoms until later on. An experienced personal injury lawyer who has experience in birth injury cases can be invaluable in such situations. Although fractures do successfully heal most of the time, if fractures are not detected early or are serious enough, there can be long-term or even lifelong health consequences.
In cases where a child receives a bone fracture to any part of their body during birth, proving negligence can be tricky. Negligence during labor and delivery may not be obvious at first sight, especially in cases of fractures. A skilled Toronto fractures lawyer with experience bringing such cases to trial can help you and your family perform an exhaustive search of all potential causes of the fracture. Determining what went wrong during birth, who is responsible, and gathering the evidence to prove it is rarely a simple matter, but it is possible. Whether a forceps was used incorrectly or an attendant misused health and safety procedures, a birth injury lawyer can help you receive the compensation for medical costs that you so rightly deserve.
Although doctors will likely never encourage you to file a medical malpractice lawsuit if medical staff mishandled a birth, the law is on your side. Whatever the intentions of the doctors, births can be mishandled just like any other procedure, and no family should have to pay the cost for another person’s mistake. Sometimes medical staff use incorrect procedures or operate with too few staff or too little sleep. In Ontario, a statute of limitations exists through the Limitations Act which limits the time in which family can file a lawsuit to two years after the injury is discovered. Although most Ontario courts will presume that these two years begins after the action that caused the injury, you will get an opportunity in court to prove otherwise. Because of this legal limitation and the difficulty of finding evidence much later on, you should contact a lawyer at Mazin & Associates, PC as soon as possible for a free consultation. Both the laws and details involved with birth fracture injuries can be exceedingly complex; A legal team with experience litigating such cases has a much better chance of winning you the greatest possible compensation for all damages.
Types of Bone Fracture Injuries
Although all bones are susceptible to fracture when procedures and medical instruments are used negligently, some are more common than others. A 1994 study found that, in order, the most common bones broken during childbirth are the clavicle or collar bone (45.7%), the humerus or arm bone (20%), the femur or leg bone (14.3%), and a depressed skull fracture (11.4%). Here are some of the most common birth fracture injuries:
- Clavicle a.k.a. Collarbone
- Ankle, Foot, and Leg
Of all of these injuries, the collarbone fractures are the most common and skull fractures are the most serious. Medical tests such as X-rays and CAT scans will be used to diagnose the issue and find out if a baby is suffering from a bone fracture. Some babies may only need medication or a splint, but some fractures will result in expensive surgeries or even long-term care. This specialized medical care can become very expensive very quickly. When coupled with the normal stress of caring for an infant, such an injury can wreak havoc on parents’ lives.
Especially in situations of bone fracture, parents may leave the hospital unaware that their child has been injured. There are a few common symptoms, though, that may alert parents to the fact that something is wrong. Sometimes such symptoms may not present themselves for days or even weeks.
Here are some of the most common symptoms of bone fractures to look out for in an infant:
- Bumps or Bruises
- Red Spots and Inflammation
- Constant Crying or Pain When Held in Certain Ways
- Inability to Move Certain Body Parts
- Localized Swelling
- Drooping Limb
Frequently Asked Questions
How Can I Know if My Child’s Injury was Caused by Negligence?
Fractured bones are serious injuries. The vast majority of births, even difficult births like breech deliveries, do not result in broken bones. If a fracture occurred during childbirth, there is a good chance that it was due to improper techniques, over-use of force, or other forms of medical malpractice. It may not be immediately obvious what exactly caused the injury, but an experienced lawyer can help gather evidence and use their knowledge of safety procedures to help find what resulted in the fracture. If your child is displaying symptoms of a broken bone, your first call should be to a doctor in order to diagnose and treat the issue. Your second should be to a personal injury lawyer who can help you investigate the details of the case.
Wasn’t the Doctor Just Doing His Job? Why Should I Sue?
Whatever the intentions of the medical professionals involved in your delivery, you should not be held financially responsible for medical costs due to the mistake of another. Doctors are expected to use good judgment, safely use the proper instruments, and follow strict medical safety guidelines. The experienced lawyers at Mazin & Associates, PC will consult with you free of charge, and you won’t have to pay a thing if the trial does not win in your favor and prove medical negligence.
What Kind of Damages Might I be Able to Receive Compensation For?
In addition to any medical costs required because of the fracture, you may be eligible to receive compensation for other damages as well. These include long-term rehabilitation, any damages to quality of life for your child, lost wages, and damages for pain and suffering. Every case is different, but a lawyer on our team can help you receive the maximum compensation for the trauma and suffering that the injury caused you and your child.
There are a number of different factors that can contribute to difficult deliveries and birthing injuries. Such injuries primarily occur during complex deliveries or breech deliveries (when the newborn’s body is situated so that their backside emerges first). Many times, a fracture will be caused after the infant’s head gets trapped behind the mother’s pelvic bone. Larger babies weighing 4 or more kilograms can also cause complications by becoming trapped in the birth canal. Additionally, babies who are born prematurely are more susceptible to fractures because of their smaller and more fragile bodies. In all of these cases, doctors will often use instruments such as vacuum extractors and forceps to remove the baby. These medical instruments can break bones and cause lasting harm when misused or wielded with a heavy hand.
Other studies have shown that out of the hundreds of thousands of birth injuries that happen each year, close to 50% is avoidable. This means that in approximately half of cases where the child is injured during delivery, the injury would not have occurred had the doctors followed procedure and planned for the obstetrical risk factors.
Contact Us Today
If what was supposed to be a joyous day turned into a devastating incident, you may be eligible for financial compensation for your suffering. The skilled lawyers at Mazin & Associates, PC sympathize with your pain, but more importantly, we have the knowledge and trial-tested experience to help you find justice. We offer legal consultations free of charge, so you have nothing to lose by asking us to review the facts of your case. We believe that no child should have to needlessly suffer a bone fracture on their first day here, and no family should have to pay for someone else’s mistake. If your child has suffered a bone fracture during birth and you don’t know what to do, call us today at [phone number].