Halifax Birth Injury Attorneys

The birth of a new baby is supposed to be a joyful occasion. Unfortunately, it can quickly turn tragic if your baby is injured because of the actions of a negligent healthcare provider.

Babies can suffer serious injuries during labour and delivery that can affect them for the rest of their lives. If your baby has suffered a birth injury, it’s important to seek legal representation from an experienced birth injury lawyer immediately! The birth injury lawyers at McKiggan Hebert are committed to helping you fight for the compensation you deserve. Call 902-423-2050 or fill out the form on this website now to schedule a free consultation regarding your case.

What Are the Most Common Types of Birth Injuries?

Babies can suffer a number of different types of birth injuries as a result of negligent healthcare providers, including:

Cerebral palsy;
Hypoxic Ischemic Encephalopathy (HIE), also known as Birth Asphyxia;
Brain injury;
Jaundice or Kernicterus;
Facial paralysis;
Periventricular Leukomalacia;
Brachial plexus injuries;
Fractures;
Hypoglycemia; and
Hemorrhages.

Is Cerebral Palsy Always Caused By Medical Malpractice?

While CP isn’t always caused by medical malpractice, one of the major causes of cerebral palsy (CP) in children is medical negligence during labour and delivery. This typically involves preventable errors or inadequate care during pregnancy, labour, delivery, or shortly after birth.

There are several ways in which medical negligence can lead to an injury that causes cerebral palsy in your child:

Failure to Monitor Fetal Distress: In every labour and delivery the healthcare professionals looking after the mother and baby are required to monitor the mother and baby’s wellbeing. This is commonly done by tracking the fetal heart rate to look for patterns that indicate possible distress. If the doctors and nurses looking after the mother during labour do not adequately monitor the baby’s heart rate and other vital signs during labour, they may miss signs of fetal distress. Prolonged fetal distress can lead to oxygen deprivation (hypoxia) or brain damage, resulting in cerebral palsy.
Delayed or Improperly Managed Delivery: Another common cause of cerebral palsy in children are delays in performing a necessary cesarean section (C-section). This can result in prolonged labour and increased risk of birth asphyxia (lack of oxygen to the baby’s brain), which can cause cerebral palsy.
Misuse of Delivery Instruments: In some deliveries the doctors must use instruments to help deliver the baby. The improper use of forceps or vacuum extractors during delivery can lead to physical trauma to the skull which can cause brain injuries, which in turn can result in cerebral palsy.
Failure to Treat Infections: Infections in the mother, such as uterine infections, or in the baby, such as meningitis, need prompt and adequate treatment. Chorioamnionitis, also known as intra-amniotic infection, is a severe condition impacting individuals during pregnancy. It derives its name from the chorion and amnion, the two membranes encompassing the fetus in the uterus. This type of infection arises when bacteria infiltrate any of the tissues or membranes surrounding the fetus. Untreated or poorly managed infections can lead to brain damage and cerebral palsy.
Inadequate Postnatal Care: Newborns with jaundice, respiratory issues, or other conditions that could lead to brain damage need appropriate and timely medical intervention. Failure to provide adequate care can result in conditions like kernicterus, which can cause cerebral palsy.
Improper Management of Premature Birth: Premature infants are at higher risk for complications that can lead to cerebral palsy. Failure to provide proper prenatal care to prevent premature birth or failure to manage a preterm baby’s health adequately can result in a type of brain injury called Periventricular Leukomalacia or PVL.

Hypoxic Ischemic Encephalopathy (HIE) and the Long-Term Effects of Birth Asphyxia

What is Birth Asphyxia?

Birth asphyxia, commonly called hypoxia, happens when a baby doesn’t get enough oxygen before, during, or right after birth. The baby’s oxygen and nutrient supply come from the mother via the umbilical cord. If this flow is obstructed, it can lead to asphyxia. Hypoxia can be caused by issues like blood flow interruptions between mom and baby, circulation problems, or airway blockages. Lack of oxygen can lead to a type of brain damage called hypoxic-ischemic encephalopathy (HIE).

Risk Factors for Birth Asphyxia

Certain conditions increase the risk of birth asphyxia, such as:

Preeclampsia/eclampsia;
Anesthesia errors;
Low amniotic fluid;
Placental issues that prevent the flow of oxygen through the placenta;
Umbilical cord problems that decrease blood flow through the cord;
Premature birth;
Prolonged labour; and
Premature rupture of membranes which can lead to infection.

If your doctor or nurse fails to exercise appropriate care when these risk factors are present, it could be considered a breach of the standard of care (medical negligence).

What causes ischemia during labour and delivery?

The causes of ischemia can vary depending on the specific circumstances during the labour and delivery. Ischemia to the fetal brain during labour and delivery is usually due to one or more of the following factors:

Uncontrolled Uterine Contractions: Intense or prolonged uterine contractions during labour can temporarily reduce blood flow to the baby, compromising oxygen and nutrient delivery to the baby’s brain. This reduction in oxygenated blood supply can lead to ischemia in the fetal brain.

Umbilical Cord Compression: Compression or occlusion of the umbilical cord, which serves as the lifeline between the fetus and the placenta, can disrupt blood flow to the fetus and oxygen delivery to the fetal brain. Umbilical cord compression can occur due to factors such as umbilical cord prolapse (when the cord precedes the fetus into the birth canal), cord entanglement, or excessive cord length.

Placental Insufficiency: Conditions such as placental abruption (premature separation of the placenta from the uterine wall) or placental infarction (areas of tissue death within the placenta) can compromise its ability to adequately supply oxygen and nutrients to the fetus. This can result in fetal hypoxia (oxygen deprivation) and subsequent ischemia in the fetal brain.

Maternal Hypotension: Problems with maternal hypotension (low blood pressure) during labour and delivery can reduce the blood flow through the placenta and umbilical cord. This results in reduced oxygen delivery to the fetus and makes the baby’s brain more vulnerable to injury due to ischemia.

Prolonged Labour: It is not uncommon for the second stage of labour to go on for hours, sometimes may hours. But prolonged labour, particularly if it is accompanied by fetal distress or maternal exhaustion, can increase the risk of ischemia to your baby’s brain. Whenever the mother is pushing during labour, this creates pressure on the fetal head and brain. Prolonged compression of the fetal head against the maternal pelvis during several hours of second stage labour can compromise blood flow to the baby’s brain.

Fetal Stroke or Hemorrhage: In very rare cases, fetal stroke or hemorrhage can occur during labour and delivery, leading to sudden interruption of blood flow to specific areas of the fetal brain and subsequent ischemia.

Intrapartum Infections: Maternal infections such as chorioamnionitis (infection of the fetal membranes) or maternal fever during labor can trigger an inflammatory response that may affect fetal well-being, including blood flow to the brain.

Medical Interventions: Sometimes the baby gets stuck during delivery and medical instruments may be used to assist the delivery. Certain medical interventions, like the use of forceps or vacuum extraction, can increase the risk of fetal head trauma or compression, potentially leading to ischemic injury to the fetal brain.

It’s essential for healthcare providers (doctors and nurses) to closely monitor fetal well-being during labour and delivery. Continuous fetal heart rate monitoring, assessment of uterine contractions, and timely intervention in cases of fetal distress can help reduce or eliminate the risk of ischemia and other adverse outcomes in the newborn.

What is Kernicterus?

Kernicterus stems from hyperbilirubinemia, a condition where there is an excessive build-up of bilirubin in the blood. Bilirubin, a yellow pigment produced during the breakdown of red blood cells, is usually processed by the liver, and eliminated from the body. However, in newborns, the liver may not yet be fully developed, leading to inefficient bilirubin metabolism.

When levels of bilirubin become dangerously high, it can cross the blood-brain barrier and accumulate in the brain tissues. This accumulation causes neurological damage, leading to symptoms such as poor muscle tone, lethargy, seizures, and in severe cases, permanent brain damage or death.

Causes of Kernicterus:

Several factors can contribute to the development of kernicterus in newborns:

Prematurity: Premature infants are at higher risk due to their underdeveloped livers.
Breastfeeding: In some cases, breastfeeding-associated jaundice can exacerbate bilirubin levels.
Blood Type Incompatibility: ABO or Rh blood type incompatibility between the mother and the baby can increase the risk.
Glucose-6-phosphate dehydrogenase (G6PD) deficiency: This enzyme deficiency can lead to increased breakdown of red blood cells, resulting in higher bilirubin levels.
Delayed Recognition and Treatment: Failure to promptly diagnose and treat jaundice can lead to its progression to kernicterus.

Prevention Strategies:

Kernicterus is referred to by doctors as a “never event”. What this means is that a child should never be injured by kernicterus, because identifying the condition is simple, and the treatment is completely effective in preventing permanent injury. So preventing kernicterus primarily revolves around the timely identification and management of jaundice in newborns.

This includes:

Monitoring Bilirubin Levels: The doctors and nurses caring for your baby should routinely assess your baby’s bilirubin levels, especially newborns at higher risk.

Phototherapy: Phototherapy involves exposing the baby’s skin to special lights that help break down excess bilirubin. This treatment is simple, and does not pose any risk to the bay. In most cases it is completely effective in treating and eliminating excess bilirubin that can cause kernicterus.

Exchange Transfusion: In severe cases, where phototherapy is ineffective, an exchange transfusion may be performed to replace the baby’s blood with donor blood, lowering bilirubin levels.

Education: Providing parents with information about the signs of jaundice and the importance of seeking medical attention promptly can aid in early detection and intervention.

Understanding Periventricular Leukomalacia (PVL):

PVL is most commonly diagnosed in premature infants, particularly those born before 32 weeks of gestation. This is because the brain tissue of premature fetus’ are particularly vulnerable to injury. However, it can also occur in full-term infants, albeit less frequently. The exact mechanisms underlying PVL are not fully understood, but medical experts generally believe PVL is caused by factors including:

Hypoxic-Ischemic Encephalopathy (HIE): Insufficient oxygen and blood supply to the developing brain, either in utero, during labour and delivery or during the neonatal period, can cause PVL. Factors such as placental insufficiency, maternal hypertension, or umbilical cord abnormalities can contribute to hypoxic-ischemic injury.

Inflammatory Processes: Inflammation within the fetal brain, triggered by infections or maternal inflammatory conditions, may contribute to the development of PVL. Infections such as chorioamnionitis (inflammation of the fetal membranes) or maternal infections during pregnancy can increase the risk of inflammatory responses in the fetal brain.

Vascular Injury: Disruption of blood flow to the periventricular white matter, either through thrombotic events or hemorrhage, can result in ischemic injury and subsequent PVL. This can occur due to maternal-fetal vascular malformations, clotting disorders, or trauma during birth.

Medical Negligence and PVL:

While some cases of PVL occur despite appropriate medical care, there are many instances where medical negligence may cause PVL. Medical negligence refers to a breach of duty of care owed to a patient by a healthcare provider, resulting in harm or injury. In the context of PVL, medical negligence may manifest in several ways, including:

Failure to Monitor Fetal Well-Being: Inadequate monitoring of fetal well-being during pregnancy, labour, and delivery can increase the risk of hypoxic-ischemic events leading to PVL. Healthcare providers have a duty to closely monitor maternal and fetal health and intervene promptly in cases of fetal distress.

Delay in Delivery: Failure to timely deliver a fetus in distress, such as in cases of prolonged labour or non-reassuring fetal heart rate patterns, can exacerbate hypoxic-ischemic injury and increase the risk of PVL, especially in premature babies.

Mismanagement of Maternal Conditions: Inappropriate management of maternal conditions such as hypertension, diabetes, or infections during pregnancy can contribute to fetal hypoxic-ischemic injury and subsequent PVL.

Inadequate Neonatal Care: Suboptimal neonatal care, including improper handling of preterm infants or failure to provide timely interventions such as respiratory support or treatment of neonatal infections, can exacerbate the risk of PVL in vulnerable newborns.

What Are Your Legal Options If Your Child Has Suffered A Birth Injury?

There is nothing more devastating than learning that your child has cerebral palsy due to a doctor or nurse’s mistakes. If your family is in this situation, you may be able to recover compensation by filing a birth injury claim. Your family may be awarded compensation for:

Current and future medical expenses;
Mental and physical pain and suffering;
Loss of income;
Loss of future earning capacity; and
Cost of future care.

Our cerebral palsy lawyers have years of experience helping families recover the compensation they deserve for devastating birth injuries. We have recovered some of the largest personal injury settlements in Atlantic Canada on behalf of our injured clients.

We aren’t afraid to go head-to-head with doctors, hospitals, and other healthcare defendants in order to secure the compensation your child and family needs and deserves.

Free Parent’s Guide About Birth Injury Claims

John McKiggan and Brian Hebert co-wrote the only Canadian legal education guide specifically for parents of children that have suffered a birth injury. Click on the link to get a free copy of Birth Injury Claims: A Parent’s Guide written by the members of the Birth Injury Lawyers Alliance of Canada.

Seek Legal Representation From Our Experienced Birth Injury Lawyers Today

We understand that every dollar counts in a birth injury case. That’s why  our Personal Injury Attorneys in Halifax will work tirelessly to ensure your family is fully compensated. Our clients have received some of the largest birth injury settlements in Atlantic Canada. We want you to obtain the compensation you need to ensure your child can live comfortably and lead a happy and productive life.