Best Birth Injury Lawyers in Medicine Hat

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Hamilton Cahoon

Hamilton Cahoon

Medicine Hat, Canada

Founded in 2018
English
Hamilton Cahoon is a distinguished law firm based in Medicine Hat, Alberta, offering a comprehensive range of legal services to clients in the region. The firm's areas of practice include matrimonial and family law, personal injury law, estate planning, civil litigation, corporate law, and real...
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About Birth Injury Law in Medicine Hat, Canada

Birth injury law in Medicine Hat, Alberta, addresses medical mistakes or negligence that result in injuries to a baby or mother during pregnancy, labor, or delivery. These injuries can have permanent effects on a child's health and development, and affected families may face ongoing medical, emotional, and financial challenges. Birth injury law helps families pursue compensation and hold healthcare providers accountable when mistakes or substandard care lead to harm.

Why You May Need a Lawyer

If you or your child has suffered harm during birth, you may be dealing with high medical costs, emotional trauma, or uncertainty about the future. A lawyer experienced in birth injury cases can help you understand your options and pursue compensation. Common reasons to contact a birth injury lawyer include:

  • Suspecting medical negligence by doctors, nurses, or hospital staff during delivery.
  • Needing support to access your medical records or understanding what went wrong.
  • Facing large medical bills for specialized or ongoing care for your child.
  • Having concerns about your child’s developmental delays or disabilities tied to their birth.
  • Needing guidance on how to navigate insurance claims or government benefits.

A lawyer can help investigate what happened and advocate for your family’s legal rights.

Local Laws Overview

Birth injury claims in Medicine Hat fall under Alberta’s medical malpractice and personal injury laws. To succeed in a claim, you generally need to prove that a healthcare provider breached the standard of care expected in their field, which directly caused the injury. Regulations to note include:

  • Limitation periods: Usually, you must file a claim within two years from the date you first knew, or should have known, about the injury and its link to medical negligence. However, cases involving children provide extended time limits.
  • Standard of care: Alberta law assesses whether medical professionals acted as a reasonable provider would under similar circumstances.
  • Expert evidence: Most cases require independent medical experts to testify about what went wrong and the impact on you or your child.
  • Damages: Compensation may cover medical costs, pain and suffering, loss of income, and future care needs.
  • No-fault insurance: Alberta has insurance programs for some injuries, but medical malpractice claims are separate and must be pursued as civil claims.

Frequently Asked Questions

What is a birth injury?

A birth injury is physical or neurological damage sustained by a baby (or sometimes the mother) before, during, or shortly after childbirth, often due to complications or medical errors.

How do I know if my child’s injury was caused by medical negligence?

Medical negligence occurs when healthcare providers fail to meet the accepted standard of care and this results in harm. If you suspect a mistake or improper care, consulting a lawyer can help you investigate with the support of medical experts.

What are some common types of birth injuries?

Common injuries include cerebral palsy, Erb’s palsy, brachial plexus injuries, fractures, hypoxic-ischemic encephalopathy (HIE), and brain damage due to oxygen deprivation.

How long do I have to start a birth injury claim in Medicine Hat?

For most medical malpractice actions in Alberta, the time limit is two years from the date you discovered the injury. For minors, the limit may be extended, but prompt action is still important.

What compensation can I claim?

Possible compensation includes costs for ongoing medical care, therapies, devices, lost income or earning potential, pain and suffering, and, in some cases, care or assistance for the child's lifetime.

Will I need to go to court?

Most claims settle out of court, but some complex or disputed cases may go to trial. A lawyer will guide and represent you throughout either process.

How do I pay for a birth injury lawyer?

Many lawyers offer free consultations and work on a contingency fee basis, meaning you pay legal fees only if your case is successful.

Can I access my or my child’s medical records?

Yes, you have the legal right to access medical records for yourself and your child. Your lawyer can assist with obtaining these documents if needed.

What if the injury was caused by more than one healthcare provider?

You can pursue claims against multiple parties if more than one provider’s actions or inactions contributed to the injury.

Are there any government programs to support children with birth injuries?

Alberta has several programs to support children with disabilities, including the Family Support for Children with Disabilities (FSCD) program. These can help with therapy, equipment, and specialized care.

Additional Resources

If you need further information or assistance, consider reaching out to:

  • Alberta Health Services (AHS): For concerns regarding hospital care or to request medical records.
  • The College of Physicians & Surgeons of Alberta: For complaints about medical professionals’ conduct or performance.
  • Alberta Family Support for Children with Disabilities (FSCD): Provides services and support for families of children with disabilities.
  • Law Society of Alberta: Can help locate local lawyers with experience in birth injury or medical malpractice.
  • Alberta Ombudsman: For complaints about government services or programs.

Next Steps

If you believe you or your child experienced a birth injury due to medical negligence, here’s how to proceed:

  1. Document your concerns, the injury, and its impact on your child’s development and daily life.
  2. Request all relevant medical records from your healthcare providers.
  3. Contact a lawyer experienced in birth injury or medical malpractice cases in Medicine Hat for a free consultation.
  4. Discuss your rights, options, and potential for compensation with your lawyer.
  5. Follow your lawyer’s guidance, including securing expert evidence, to build your case.

Remember that time limits may apply to your claim. Acting quickly protects your right to seek justice and secure necessary resources for your child’s care and wellbeing.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.