Advice & Support Legal Support
Legal Support
Providing free and confidential advice to parents to help protect your child’s future.
If you have questions about the cause of your child’s cerebral palsy and wonder if it could have been prevented had warning signs been detected and responded to more quickly, we are here to help. We work with a team of experienced and compassionate lawyers and medical specialists to answer your questions and ensure your child’s rights are protected.
The Process:
1.
We will set up a time to speak with you to listen to and understand your concerns.
This process is free, confidential and there is no obligation to pursue any path that you feel is not right for your family.
2.
Our team will obtain copies of medical records directly from the hospital or other healthcare provider. Our team will review these medical records in order to answer your questions, and provide you with our opinion regarding whether or not you and/or your child received appropriate medical care and whether or not your child’s injuries were preventable. We will inform you of your legal options.
4.
If our team feels your child is entitled to financial compensation for his or her injuries, and if you wish to proceed, we will start legal proceedings to seek financial compensation to provide for your child’s future care needs. We typically proceed on a contingency fee basis which means legal fees are only paid once your child receives a financial settlement or judgment.
5.
If we are successful in obtaining a financial settlement or judgment for your child, a trust fund will be established in your child’s name to provide for your child’s needs throughout his or her lifetime. The trust fund will be set up to ensure the funds received remain safely and prudently invested so that there will always be sufficient funds available to meet your child’s needs.
Our team has the knowledge and experience necessary to effectively advocate for the best interests of your child and protect their future.
A collaborative report from Accreditation Canada, Healthcare Reciprocal of Canada, Canadian Medical Protective Association and Salus Global Corporation on advancing the quality of obstetrical care and strengthening safety called for improvement in fetal monitoring, noting the high risk areas for brain injury amongst newborn are:
- Fetal heart rate monitoring;
- Induction and augmentation of labour;
- Instrumental vaginal delivery with the use of vacuum or forceps;
- Delay in performing emergency c-section; and
- Managing shoulder dystocia
We have helped ensure many children living with cerebral palsy obtain financial support to provide optimal care and support, in a safe environment which provides maximum choice and independence for your child’s lifetime. We believe every child should be given the opportunity to thrive and reach their full potential.
Examples of Families we have helped
These cases are actual cases we have resolved on behalf of our clients. However, please understand that past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in any individual cases.
Successful Out of Court Settlements
Physician failed to intervene in response to worrisome changes in the fetal heartrate due to fetal distress during labour. Case settled for $4.5 million.
Family physician failed to recognise and treat newborn jaundice leading to hyperbilirubinemia and kernicterus. Case settled for $8 million.
Obstetrician failed to properly monitor the fetal heartrate during labour augmented with oxytocin. Case settled for $7.4 million.
Nurse accidentally administered an overdose of a medication to a newborn in the neonatal care nursery resulting brain injury. Case settled for $5.5 million.
Physician failed to properly diagnose and treat meningitis in a newborn resulting in brain injury. Case settled for $4.7 million.
Physician failed to intervene in response to uninterpretable fetal heartrate monitoring tracing due to fetal distress. The case settled for $9 million.
Nurse failed to discontinue augmentation of labour with oxytocin in response to changes in the fetal heartrate tracing, resulting in the baby suffering brain injury. Case settled for $12.5 million.
Nurse and physician failed to respond appropriately to signs of fetal distress on the fetal heartrate tracing during labour. Case settled for $6.45 million.
Obstetrician failed to recognise and respond appropriately to an abnormal contraction pattern following induction of labour with oxytocin. Case settled for over $7 million.
Infant sustained birth asphyxia as a result of failure to properly monitor the fetal heartrate during labour. Case settled for $4.5 million.
Baby sustained a brain injury fetal distress and lack of oxygenation during labour that was not detected by the treating physician. Case settled for $4.7 million.
Obstetrician failed to detect fetal distress during labour resulting in the baby sustaining brain injury. Case settled for $6 million.
Nurses failed to recognise signs of hypoglycemia in newborn, leading to brain injury. Case settled for $7 million.
Midwives failed to properly monitor the fetal heartrate during a home birth and failed to effectively resuscitate the newborn. Case settled for $8 million.
Successful Judgements
Emergency room physician failed to diagnose and treat preeclampsia resulting in eclamptic seizures and brain injury to the baby. The injured child received over $6 million in compensation.
Physician and nursing staff failed to diagnose and respond appropriately to a uterine rupture in a patient undergoing labour after having had a caesarian section with an earlier delivery. The injured child was awarded $6.7 million in compensation.
Obstetrician attempted to expedite delivery with forceps, resulting bradycardia and brain injury to the baby. The injured child received over $3 million in compensation.
Infant sustained a brain injury due to lack of oxygen due to uterine rupture during labour. The injured child received $4 million in compensation.
How can we help?
If you have questions or if you are looking for community support - please contact us for free and confidential information.