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The 4 Main Types of Obstetrics Claims (Part 3)

Intra Uterine Growth Restriction/Small for Gestational Age

Babies with intrauterine growth restriction or who are small for gestational age are more likely to be injured if they suffer oxygen deprivation in the womb. Intrauterine growth restriction arises when there are not enough nutrients moving from mom to baby through the placenta. The theory is that, if the lack of nutrition is severe enough and the pregnancy is far enough along, the baby would be better off receiving nutrition outside of the womb. Liability can arise if a doctor does not identify that the baby is not growing appropriately and a fetus suffers an injury as a result.

The DD v Wong case, which was successfully prosecuted by Weir Bowen, is an example of this kind of case. In that case, the fetus was smaller than expected as the due date approached, and an ultrasound was performed which showed a small baby and too much amniotic fluid. The doctor did not see the ultrasound results, and because of that, he did not perform a follow up ultrasound to re-check the baby’s size. The baby should have been delivered a few days before the mother went into labour. The day before the mother went into labour, the baby suffered a hypoxic ischemic insult (oxygen deprivation) which caused a permanent brain injury and cerebral palsy.

By Shelagh McGregor

INDIGENOUS LAND ACKNOWLEDGEMENT

The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

Weir Bowen acknowledges the many First Nations, Métis and Inuit who have lived in and cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude to those whose territory we reside on or are visiting.