Calgary Herald

Family sues hospital over injuries from childbirth

- KEVIN MARTIN KMartin@postmedia.com On Twitter: @KMartinCou­rts

Medical errors during the birth of a Calgary girl led to life-altering injuries, a $16.4-million lawsuit claims.

In a statement of claim filed in Calgary Court of Queen’s Bench, the now four-year-old’s lawyer alleges staff and doctors at Foothills Medical Centre were negligent during the child’s June 2014, delivery.

“As a direct and sole result of the breaches of contract and negligence … (the child) has suffered and will continue to suffer severe and permanent personal injuries,” says the claim, filed by civil litigator Craig Gillespie.

The lawsuit alleges doctors and nurses at the hospital failed to recognize the seriousnes­s of the child’s condition while her mother was in labour.

“(The girl) has been catastroph­ically injured as a result of oxygen deprivatio­n to her brain caused by the failure of the defendants … to properly assess and treat her and her mother during their admission to hospital,” it says.

“The defendants … owed a duty of care to the plaintiffs to provide competent medical services in accordance with the high standards of care expected at facilities such as the hospital.”

The alleged negligence included a failure to communicat­e amongst each other during the mother and child’s care.

Among the conditions and injuries suffered by the child are cerebral palsy, severe brain damage and impaired motor functionin­g, the lawsuit states.

Due to the sensitive nature of the child’s condition, Postmedia is not identifyin­g her.

The claim names seven doctors

(The child) has suffered and will continue to suffer severeand permanent personal injuries.

and nine nurses in total and includes Foothills and Alberta Health Services as defendants.

The damages sought in the lawsuit include $5 million for lost income and earning capacity and $10 million in costs of future care for the girl.

Statements of defence disputing the unproven allegation­s haven’t been filed.

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