Birth Injury Claims (February 2022)

·54 min·5 clips

Warren Berg welcomes Weir Bowen lawyers who have argued precedent-setting cases up to the Supreme Court of Canada.

This episode focuses on birth injury claims as a specific area of medical malpractice law. Host Warren Berg is joined by lawyers Cynthia Carrolls and Sheila McGregor from the firm Weir Bowen. The lawyers explain the legal process and considerations for families pursuing such claims. Medical malpractice, or medical negligence, does not require an intentional harmful act by a practitioner. A claim hinges on proving a healthcare provider failed to meet the standard of care, causing injury. Birth injuries can occur during pregnancy, labor, delivery, or in the immediate postnatal period. Examples include injuries from improper use of delivery tools like forceps or vacuum extractors. Cerebral palsy and brachial plexus injuries, such as Erb's Palsy, are common types of birth injuries discussed. The statute of limitations for filing a claim is generally two years from when the injury was discovered. These cases are legally complex and require extensive medical records review and expert testimony. A surprising insight is that a successful claim does not require proving a doctor acted with malicious intent, only that they were negligent. The lawyers note that injuries can result from a failure to properly monitor the fetus or respond to fetal distress. They emphasize that not every bad outcome constitutes malpractice, as some injuries are unavoidable risks. The financial compensation sought can cover future care costs, which are often substantial for a child with a lifelong disability. The firm Weir Bowen has represented clients in precedent-setting cases that reached the Supreme Court of Canada. Cynthia Carrolls brings specific experience from personal injury law, including motor vehicle accidents, to this practice area. The tone is educational and conversational, with the hosts explaining legal concepts in plain language. The style is advisory, offering general guidance rather than specific legal counsel. This episode would be valuable for expectant parents, families who have experienced a difficult birth, or anyone seeking to understand medical negligence law. Listeners looking for entertainment or non-legal perspectives on healthcare might find it too specialized.

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