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Common types of birth injuries include cerebral palsy, Erb’s palsy, brachial plexus injuries, brain damage, fractures, and facial nerve injuries. These injuries can have significant and lasting effects on the child’s health, development, and quality of life.

Birth injuries due to negligence refer to physical or cognitive harm that a newborn sustains because of mistakes, oversights, or failures by medical professionals during pregnancy, labor, or delivery. When healthcare providers fail to follow accepted medical standards or protocols, their actions or inactions can lead to significant injuries or lifelong disabilities in newborns.

The term “wrongful birth” refers to a legal claim that can be brought by parents against healthcare providers for negligent prenatal care, counseling, or diagnostic services that result in the birth of a child with congenital defects, disabilities, or serious health conditions. This type of claim is typically filed when parents allege that they were not properly informed of the risks of giving birth to a child with such conditions, and that, had they been aware, they would have chosen to terminate the pregnancy or avoid conception altogether.

In a wrongful birth lawsuit, parents generally seek compensation for the additional costs of raising a child with special needs, as well as for emotional distress. Damages may include medical expenses, the cost of specialized education, and other expenditures associated with the child’s condition.

Medical negligence during childbirth refers to the failure of healthcare professionals to provide appropriate and standard care during pregnancy, labor, or delivery, which can result in harm or injury to the mother, baby, or both. It is a subset of medical malpractice that specifically pertains to obstetrical care.

In Quebec, if a birth injury is caused by medical negligence or malpractice, you may be entitled to seek compensation through a medical malpractice claim. This claim would be filed against the healthcare professional or institution responsible for the injury. It’s important to consult with a lawyer experienced in obstetrical injuries to assess the merits of your case.

In Quebec, the time limit to file a birth injury claim is generally three years from the date of the injury, or three years from the date you became aware of the injury. However, there are exceptions and limitations to this rule, so it’s crucial to consult with a lawyer experienced in obstetrical injuries as soon as possible to determine the applicable time limit in your specific case.

Lawyers who are experienced in obstetrical negligence can provide valuable guidance and support throughout the process. They can assess the strength of your case, gather evidence, consult with medical experts, navigate the complex legal system, negotiate with insurance companies, and represent your interests in court if necessary.

Compensation for a birth injury may include various elements, depending on the specific circumstances of the case. The following are examples of compensation that can be sought for a birth injury:

• Medical Expenses: You can seek compensation for the costs of medical treatment, surgeries, medications, therapy, rehabilitation, and any other necessary healthcare expenses related to the birth injury.
• Future Medical Care: If the birth injury results in the needs for ongoing medical care or treatment, you can seek compensation for the estimated future medical expenses. This can include costs for healthcare specialists, therapy, adaptive equipment, and long-term care.
• Pain and Suffering: Compensation can be sought for the physical and emotional pain and suffering endured by the child as a result of the birth injury. This includes both past and future pain and suffering.
• Loss of Enjoyment of Life: If the birth injury significantly impacts the child’s ability to enjoy life’s activities, hobbies, or normal development, compensation can be sought for the loss of enjoyment of life experienced by the child.
• Loss of Earning Capacity: In cases where the birth injury affects the child’s ability to work and earn income in the future, compensation can be sought for the loss of earning capacity.
• Caregiver and Support Services: If the birth injury requires additional care or support services, such as in-home nursing care or specialized educational support, you can seek compensation for these expenses. If a parent must stay home with the child they too can be entitled to caregiver compensation.
• Special Needs and Accommodations: If the child requires special accommodations, modifications to the home, or specialized equipment due to the birth injury, compensation can be sought for these costs.
• Loss of Income For the Parents: If a parent must give up his or her career to provide extraordinary care to their child, they can receive compensation for their salary loss.

It’s important to note that the specific compensation awarded will depend on the facts and evidence presented in the case. Consulting with a lawyer experienced in birth injuries in Quebec will help you understand the potential compensation you may be entitled to based on your unique circumstances.

To support a birth injury claim in Quebec, it’s important to gather medical records, expert opinions, and any other relevant documentation that demonstrates medical negligence or malpractice. This evidence can help establish a link between the healthcare professional’s actions or omissions and the birth injury.

Yes, it may still be possible to file a birth injury claim even if the injury occurred several years ago. In Quebec, the time limit for filing a claim is generally three years from the date you became aware (or should have become aware) of the injury. However, there are exceptions to this rule, so it’s best to consult with a birth injury lawyer to assess your specific situation.

Yes, both the healthcare professional and the healthcare institution can be held liable for a birth injury in Quebec. If the healthcare professional acted negligently or breached their duty of care, they can be personally held accountable. Additionally, the healthcare institution may also bear responsibility for failing to provide proper supervision, training, or protocols.

The duration of a birth injury case can vary depending on various factors, such as the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Some cases may settle through negotiations, while others may require more extensive litigation and go to trial. A better estimate can be provided based on the specific circumstances of your case.

Yes, legal representation for a birth injury case in Quebec is often accessible. Most birth injury lawyers work on a contingency fee basis, which means you don’t have to pay any upfront fees. Instead, the lawyer will receive a percentage of the compensation awarded if your case is successful. This is how it works at Annette Lefebvre Avocats as well – we only get paid if we recover compensation for you.

Yes, if you’re not satisfied with your current lawyer’s representation in a birth injury case, you have the right to change lawyers. However, it’s recommended to carefully consider your decision and to ensure that the new lawyer is able to effectively represent your interests in the case.