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 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 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.
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 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 C-section despite the fact she had clearly expressed her willingness to have one, the document claims.
According to the documents, the baby wasn't breathing and weighed more than 13 pounds when he was delivered in December 2010.
The case will be heard in Superior Court in May 2018.
