Best Birth Injury Lawyers in Edmonton

About Birth Injury Law in Edmonton, Canada

Birth Injury Law in Edmonton, Canada, deals with the cases where a baby suffers physical harm due to medical negligence at the time of pregnancy, childbirth, or immediately after birth. This includes injuries from the use of forceps, vacuum extraction, failure to perform a timely C-section, or a misdiagnosis. Legal cases in this field may involve medical professionals like doctors, nurses, midwives, and health care facilities like hospitals.

Why You May Need a Lawyer

Understanding the medical complexities in birth injury cases can be challenging. Thus, it's beneficial to engage a lawyer who is knowledgeable in birth injury laws and medical malpractices. Not only can they help ascertain if malpractice occurred, but they can also ensure the accurate calculation of damages inclusive of ongoing medical costs, future care and potential lost earnings. Besides, navigating the legal system can be daunting, hence a lawyer can efficiently guide you through the legal processes that include evidence gathering, negotiation, and court representation.

Local Laws Overview

Edmonton, like the rest of Alberta, follows the Canadian medical malpractice law where the injured related party must prove that the medical practitioner did not meet the standard of care expected. Also, the party must demonstrate that the injury resulted directly from the practitioner's failure. Alberta Health Services and its subsidiaries are legally responsible for birth injuries, in case of poor medical services. The patients have the right to damages for pain, suffering, loss of income, and future care, but there are caps on some of these damages. The law has a limitation period for making a claim that is generally two years from the date of the incident or when the injured party had knowledge of the injury.

Frequently Asked Questions

What is considered a birth injury?

A birth injury refers to harm to the baby during the prenatal period, childbirth, or immediately after birth that affects the baby's health, development, or quality of life.

What evidence is required to prove a birth injury?

Records of prenatal care, expert medical opinion, photographic evidence of the injury, and records of postnatal care are some types of evidence used in birth injury cases.

What is the standard of care in birth injury cases?

The standard of care refers to the level of care a reasonably competent medical practitioner in a similar situation would have provided. If the care provided was below this standard, it might be considered negligence.

What is the time limit to file a birth injury case?

You generally have two years from the date of the incident or when you first learned of the injury. However, there are exceptions, especially for minors.

Can I sue a hospital for a birth injury?

Yes, hospitals can be sued for birth injuries if negligent care was provided by their employees or if they failed to maintain necessary competent staff or facilities.

Additional Resources

You can visit the Alberta Health Services website for more information on health care standards and patients' rights. The Canadian Patient Safety Institute also provides resources and information related to patient safety and healthcare. Contact the Law Society of Alberta or the Edmonton Community Legal Centre for legal aid resources and referrals to birth injury lawyers in Edmonton.

Next Steps

If you believe your child suffered a birth injury due to medical negligence, contact a lawyer who specializes in birth injury cases as soon as possible. The lawyer can explain your rights, evaluate the viability of your case, help you gather relevant evidence, and guide you through the complex legal process. Prompt action is necessary to ensure that key evidence is preserved and that your rights to recovery are protected within the statutory limitation period.