Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Birth injury law deals with injuries to a newborn or mother that occur before, during, or immediately after childbirth, due to medical negligence or malpractice. In Vancouver, the rights of parents to secure compensation for their child's birth injury are protected under the relevant legal and health legislation such as the Infants Act and the Family Compensation Act.
If your child suffered a birth injury such as, but not limited to, Erb's Palsy, Cerebral Palsy, or brain damage due to negligence or malpractice, you may need a lawyer to file a claim. This legal process can be stressful, time-consuming, and require specialized medical and legal knowledge. An experienced attorney can help you understand your rights, gather evidence, negotiate with the opposing party, and represent you in court if necessary.
In Vancouver, the Infants Act sets out a minor's (under 19) rights and obligations in matters of personal healthcare, including birth injury claims. According to the Family Compensation Act, if a child's death resulted from someone's wrongful act, neglect, or default, the parents are entitled to seek compensation. The Limitation Act of British Columbia also applies, which stipulates deadlines for filing birth injury lawsuits.
Negligence involves a failure of a medical professional to competently perform their duties, resulting in injury. In the context of birth injury, it can mean incorrect use of birthing tools, failure to recognize or respond to fetal distress, or incorrect delivery technique, among others.
You may be entitled to various forms of compensation, such as medical costs, rehabilitation expenses, loss of future earnings, and compensation for pain and suffering.
The Limitation Act of British Columbia generally stipulates two years from the date the claim was discovered. However, different rules may apply for cases involving minors or person with disabilities.
Any healthcare provider involved in the delivery can be held accountable. This can include obstetricians, gynaecologists, nurses, midwives, or the hospital itself.
No, the outcome depends on available proof of negligence, merits of the case, and legal representation. Consulting a knowledgeable attorney maximizes your chances of a favorable outcome.
The College of Physicians and Surgeons of British Columbia, Birth Injury Lawyers Association of Canada, and Health Insurance BC are key resources for information and support regarding birth injury claims.
If you believe your child has suffered a birth injury as a result of medical negligence, it's essential to consult with an experienced birth injury lawyer immediately. Save all medical records related to the birth, photographs of the injury, contact information of potential witnesses, and tally all related expenses. These will be important in establishing your claim.
