Negligence As It Applies To Childbirth.

There is no greater joy than a healthy baby, boy or girl, so when something goes wrong, whether with the mother or the baby, it affects the whole family.

A lot of first-time parents go to prenatal classes and are given the statistics about who is going to have a caesarean section. They don’t think it is going to happen to them, of course, and the next thing you know, the birth is becoming very difficult, the baby is in distress and you are having an emergency C-section.

In the past couple of decades, we have seen an increase in C-sections over natural childbirth. I think hospitals and doctors are putting the health and safety of the baby before the more difficult effects that the caesarean section may have on the mother. They are doing that for a number of reasons. First, obviously there’s great concern for the health of the baby. But they are also considering what happens if they use forceps in a difficult birth and something goes wrong. What happens if they delay too long and there is a lack of oxygen to the baby, and something goes terribly wrong?

Medical care is not an exact science. The question of negligence is not an emotional or legal one. We consult expert medical opinion to judge if doctors, nurses, and hospitals have met a reasonable standard of care. That is how we determine whether or not there has been negligence.

If you, or someone you care about, is dealing with Personal injury law issues in the Toronto, Ontario Region, contact Tkatch & Associates

This article is taken from a May 27, 2008 interview with Murray Tkatch, LL.B., Personal Injury Lawyer with Toronto Personal Injury Lawyer in Toronto, a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.