Toronto Star

Couple sues after woman delivers 13-lb. baby naturally

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MONTREAL— A Quebec woman is taking legal action against her doctors after she delivered her 13-pound baby naturally in what court documents describe as a “traumatic and chaotic” childbirth.

Documents filed in Quebec Superior Court on behalf of Anik Bourbeau and Pascal Lessard allege that the baby was born with a permanentl­y paralyzed arm and the mother was left with significan­t tearing and other damage following the 2010 birth.

The documents allege that the couple’s doctors failed to evaluate the size of the baby and recommend a caesarean section before Bourbeau gave birth, despite signs that pointed to the possibilit­y of a large baby.

They are asking for $1.4 million in damages from the defendants, who include five of Bourbeau’s doctors and a hospital in Shawinigan, Que.

The baby’s birth “took place in the context of a traumatic and chaotic birth that caused numerous damages to the plaintiffs, notably a permanent paralysis to the (baby’s) right arm,” the document reads.

The amount claimed includes general damages, loss of income for both parents as well as future medical costs for the child.

None of the claims have been tested in court. The law firm representi­ng the defendants declined to comment, citing confidenti­ality.

The documents allege that the medical profession­als did not do an ultrasound on Bourbeau to check the size of the baby despite her medical history, which included a difficult pregnancy in the past.

“The defendants omitted to proceed to an evaluation of the child’s size, while the clinical evolution of Madame Bourbeau demanded it,” it reads. Doctors “did not obtain free and informed consent” from Bourbeau regarding the method of delivery and did not recommend a Csection despite the fact she had clearly expressed her willingnes­s to have one, the document claims.

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