When birth injury occurs, there is no doubt that it is a tragedy. No one expects a tragedy to come out of the miraculous experience. But unfortunately it happens. This post is intended to bring to light some things that families who have suffered a traumatic birth might need to know. This topic is hard for many people to discuss, but I think it is important to provide information to families suffering in silence.
1. Fault. Sometimes birth injury just happens and it is no one’s fault. Other times mistakes have happened and someone is at fault. This may be a mistake of a doctor, or a policy issue within the hospital.
2. Just because we have socialized medical in Canada, doesn’t mean we cannot sue. If the doctor or hospital is found negligent, then they can be financially responsible to support the needs of the child. Keep reading to point number 5 to see how to get help.
3. If fault is found, and there is medically justified care, the Family Compensation Act states that the responsible party is required to cover the cost. This might mean that the medical needs of the child are covered for LIFE.
4. Claims do not need to be filed right at the time of injury. Parents have up until the child’s 18th birthday to make a claim on their behalf. Many people do not know about The Family Compensation Act, and if they don’t know right away, that’s okay.
5. There is help. Now based in Vancouver, Dr. Bradshaw and The Vancouver Birth Injury Group help parents to navigate the waters of the malpractice world. They are based on contingencies, meaning they are only paid if parents receive a claim. This ensures that getting answers and support is not a financial burden on families.
For more information, I invite you to check out Vancouver Birth Injury on Facebook.