Canadian Couple Sues Doctors After Daughter is Born with Cerebral Palsy

Earlier this month in Calgary, Canada, a couple named several defendants in a lawsuit alleging negligence that led to the couple’s daughter being born with cerebral palsy. According to a report from one local news source, the couple is seeking $12 million for the injuries sustained by their daughter during her birth.

Evidently, the lawsuit names the hospital, five doctors, and six nurses as defendants, claiming that the defendants “failed to respond to the needs of the mother and child.” As a result of the defendants’ actions, the young girl was born “in an extremely compromised state,” the parents claim. She was diagnosed with quadriplegic cerebral palsy shortly after birth due to oxygen deprivation. The girl was also diagnosed with a seizure disorder and persistent pulmonary hypertension of the newborn (PPHN).

The girl, who is now two years old, will likely need ongoing care throughout most of her life, including speech therapy, occupational therapy, physical therapy, special education, and other intensive services.

The parents are seeking over $12 million in damages. Of those, $11.6 million are for compensatory damages for the girl’s injuries and $300,000 each in damages designated for the mother and father.

Recovering Financially after Tragedy
After a tragedy such as a catastrophic injury or serious birth injury, financial recovery may not be the first thing on the victim’s mind. However, at some point after the injury a victim may want answers from the party responsible for his or her injuries. When this time comes, the victim or the victim’s family will be able to file a lawsuit based on the theory of medical negligence, or medical malpractice.

Birth Injuries and Medical Malpractice
A lawsuit based on an injury suffered at birth is a specific kind of medical malpractice lawsuit. In order to succeed in a birth injury suit, the plaintiff will need to prove that the defendant doctor, hospital, or nurse failed to live up to the reasonable standard of care that the average health care professional would have provided in the situation.

In birth injury lawsuits, this often requires the testimony of an expert witness to explain what the baseline level of care is in a given situation. If you have any questions about birth injury lawsuits, speak to a dedicated Maryland medical malpractice attorney today.

Was Your Child Born with a Serious Birth Injury?

If your child was born with a serious or incurable birth injury, you may be entitled to monetary damages based on the negligence of the delivering doctor or nurse. Depending on the circumstances, the hospital may also be held responsible. However, keep in mind that most doctors carry malpractice insurance that provides them with a team of lawyers whose sole job it is to defend their client’s actions. Therefore, it is advised that you secure dedicated counsel yourself. To speak to an attorney about your potential case, call (410) 567-0800 to set up a free initial consultation with an attorney today.