Few events in parents’ lives are more distressful than learning that their infant was harmed during the birth process, especially if they suspect that the injury could have been prevented.
A birth trauma or birth injury refers to harm that occurs to the baby during pregnancy, labour, delivery, or the post-delivery period. The injury may be minor in that it lasts only a few days, or it could be permanent causing symptoms or disabilities for life. Catherine Shearer is a personal injury lawyer and partner at McKenzie Lake Lawyers in Guelph.
Shearer says, “To determine if something has gone wrong during the pregnancy, labour, or delivery, contacting a lawyer is the first step. The personal injury lawyer will bring in medical experts to review the file and offer their opinion on the standard of care and causation.”
Common causes of birth trauma
There are various known causes of birth trauma that include:
- Difficult or prolonged labour
- Premature birth
- Abnormal fetal positions
- Improper use of forceps or vacuum extractors
- Medical malpractice or a combination of these factors
Common serious injuries sustained during birth trauma
- Delayed birth causing high blood pressure and stroke/cardiovascular issues
- Oxygen deprivation resulting in brain injuries/ Hypoxic-ishemic encephalopathy
- Broken bones
- Brachial Plexus injuries
- Spinal cord injuries
- Cerebral palsy
- Seizures
Signs of birth trauma
Birth trauma can be diagnosed soon after delivery, or the injury may only be identified many months later.
Shearer says, “The injury may not become apparent until a child starts missing developmental milestones or the milestones may be delayed.” Often the trauma leads to permanent disability. An example is cerebral palsy which can affect mobility, muscle tone, and the ability to speak. It can be caused by a lack of oxygen, or another type of injury to an infant’s brain either before or shortly after birth.
Determining the cause of birth injury
A significant investigation into the mother’s medical history and establishing everything that occurred during the pregnancy, labour, and delivery will be required to determine the cause of the birth injury.
Shearer says, “If you think that something might have gone wrong during your pregnancy, labour, or delivery the first step is to contact an experienced personal injury lawyer who will review the initial documents and bring in people who can offer an expert opinion.”
What is a traumatic birth?
A traumatic birth occurs when the mother experiences physical, emotional, or psychological distress because of a difficult labour and delivery experience. Many women who suffer from a traumatic birth will suffer with PTSD, postpartum depression, and anxiety in the future.
What makes a birth traumatic?
A traumatic birth is highly subjective and can be caused by various factors.
- Powerlessness or lack of control
- Verbal, sexual, or physical abuse
- Fear for their life and the life of their baby
- Coercion
- Being forced to submit to procedures without consent
- Feeling violated
- Being neglected
- Feeling mocked or belittled
Catherine Shearer says, “Oftentimes a mother will experience a traumatic birth due to the violation of her rights and/or obstetric violence. If either of these issues has occurred, there is likely an actionable wrong that has been committed which can be addressed by filing a complaint, taking the issue to the Human Rights Commission, or initiating a lawsuit.”
If you believe you may have suffered a Traumatic Birth or your child may have been injured by a Birth Trauma and you would like to discuss your experience, Catherine Shearer would by happy to speak with you about your next steps.
Her initial consultation is free. Contact Catherine at email: [email protected] or call (226) 203-1243.
