Hypoxia and hypoxic - ischemic encephalopathy often occurs during childbirth due to various reasons, but the underlying cause is often the direct result of medical malpractice or
negligence by the obstetrician (OB / GYN), nurse, midwife, doctor, or other medical professional.
Not exact matches
Torts —
Negligence — Medical malpractice — Causation — Trial judge finding respondent
obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation
by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.
Nothing is more challenging than knowing that your child suffered or continues to suffer due to
negligence, irresponsible behavior or medical malpractice
by an
obstetrician or other medical professional.
Cassidy,
by her guardian ad litem, sued Dr. Johnston, the
obstetrician who delivered her, alleging that her injury resulted from
negligence associated with an attempt to deliver her using a mid-level forceps procedure.
If the injury to the newborn or mother is caused
by the
negligence of an
obstetrician, surgeon, delivery nurse, anesthesiologist, pediatrician, or other medical professional involved with the pregnancy, labor, and delivery, families are entitled to pursue compensation from those liable.
If an
obstetrician negligently fails to recognize and handle these complications and the
obstetrician's
negligence is determined to have been a cause of the fetus's injury or death, the
obstetrician may be held liable for the damages suffered
by the child or the child's family as a result.
Some birth injuries result from unavoidable complications during pregnancy, labor, or delivery, while others are caused
by the
negligence of hospitals, clinics,
obstetricians, or other medical personnel assisting in the care of a pregnant woman and her unborn child.
If an
obstetrician or other medical personnel who are assisting in the birth of a child negligently fail to recognize and adequately manage these and other complications, the
obstetrician and assisting medical professionals may be found liable in a medical malpractice action for a child's CP that is determined to have been caused
by the
negligence of such medical personnel.
A child's brain injury may be caused
by an
obstetrician's
negligence during the mother's pregnancy or the child's delivery, pediatric malpractice, the ingestion of toxic substances, non-fatal drowning, and a great variety of additional accidents.
Even after your child's birth, when symptoms of a potential birth injury became apparent, you may have been reluctant to acknowledge that your child could have been hurt
by your
obstetrician's
negligence.