What to Do After Midwife Negligence

In the unfortunate event of midwife negligence, follow these steps for a brighter future.
  1. Prioritize your and your baby’s wellbeing. The most important thing for you to do in the event of midwife negligence is to focus on caring for yourself and your baby. Seek whatever medical assistance you need and do your best to rest.
  2. Reflect on your interactions with the midwife over the course of your pregnancy. Why do you think the midwife was negligent? Did things turn out differently than promised? Were your concerns or questions responded to or brushed off? Was another health professional involved in your care? Did they suggest something different than the midwife? If so, what?
  3. Write down everything you can remember. Try to write out a chronological sequence of events by referring to your calendar and messages over time. Include the names of people who may have witnessed key events/conversations.
  4. Collect and preserve evidence. If you have any photos, videos, texts, emails, or call histories, keep them. These might be the records you need to help determine fault in a legal case.
  5. Contact a lawyer as soon as possible. Notice may need to be delivered within a short and strict time limit or else you may lose your right to sue. Legate Injury Lawyers is ready to help you navigate your requirement to send notice while we begin building your case. Consultations are free.
We’re here to listen

What to Do After Midwife Negligence

In the unfortunate event of midwife negligence, follow these steps for a brighter future.
  1. Prioritize your and your baby’s wellbeing. The most important thing for you to do in the event of midwife negligence is to focus on caring for yourself and your baby. Seek whatever medical assistance you need and do your best to rest.
  2. Reflect on your interactions with the midwife over the course of your pregnancy. Why do you think the midwife was negligent? Did things turn out differently than promised? Were your concerns or questions responded to or brushed off? Was another health professional involved in your care? Did they suggest something different than the midwife? If so, what?
  3. Write down everything you can remember. Try to write out a chronological sequence of events by referring to your calendar and messages over time. Include the names of people who may have witnessed key events/conversations.
  4. Collect and preserve evidence. If you have any photos, videos, texts, emails, or call histories, keep them. These might be the records you need to help determine fault in a legal case.
  5. Contact a lawyer as soon as possible. Notice may need to be delivered within a short and strict time limit or else you may lose your right to sue. Legate Injury Lawyers is ready to help you navigate your requirement to send notice while we begin building your case. Consultations are free.
We’re here to listen

When Does Midwife Negligence Occur?

Negligence by a midwife may occur at any time, including:

  • During the pregnancy
  • In the community
  • During labour
  • During delivery
  • After delivery

Common Types of Midwife Negligence Injuries

Midwife negligence can result in many types of injuries to the mother and/or baby. Some common injuries include, but are not limited to:

Injuries to the Baby:

  • Cerebral Palsy
  • Erb’s palsy
  • Kernicterus
  • Hypoglycemic brain injury
  • Brain damage
  • Organ damage
  • Perinatal stroke
  • Infection and sepsis
  • Shoulder dystocia and palsy
  • Hypoxic ischemic encephalopathy
  • Bilirubin-induced neurologic dysfunction (BIND)
  • Spinal cord injury
  • Fractures

Injuries to the Mother:

  • Lacerations and tears beyond the norm
  • Uterine rupture
  • Hemorrhage
  • Unplanned and unwanted hysterectomy
  • Infection
  • Injury to organs
  • Incontinence
  • Eclampsia and stroke
  • Epilepsy
  • Paralysis
  • Cardio-pulmonary disorders
  • Congenital deformity
  • Hypoglycemia
  • Blood disorders
  • Visual disturbance
  • Mobility disorders
  • Developmental disability or delays
  • Intellectual disability or delays
  • Learning disability or delays
  • Speech or language impairment
  • Hearing loss

In Canada, if a child does not survive birth, is stillborn, no action can be brought by that child. The child must be born alive. However, if mother suffers during and after the loss of a child, she and her family may be able to sue if there was negligence involved. We will help you decide if this is the route to follow in your case.