Birth Injury Lawyers
Consistently ranked as a Top 10 Personal Injury Law Firm in Ontario by Canadian Lawyer Magazine.
The birth of a child should be a moment of joy, but for some families, it becomes a time of heartache due to preventable birth injuries. These injuries can lead to lifelong challenges, both emotional and financial, for the child and their family.
Understanding Birth Injuries
A birth injury occurs when a baby is harmed during the delivery process or due to issues with medical care leading up to the birth.1 Unlike genetic conditions or congenital disabilities, birth injuries are often preventable2 and result from complications during labour and delivery. Some children recover fully, while others face lasting impacts on their health and development.3
It’s essential for parents to understand that birth injuries can be complex, and legal recourse may be available. If you suspect your child has been harmed, learning about your legal options is the first step in seeking justice and compensation.
Common Causes of Birth Injuries
Birth injuries can happen for several reasons, often linked to the care provided during pregnancy, labour, or immediately after delivery.4 Identifying the cause of a birth injury is crucial when determining if legal action is appropriate.
Medical Negligence
Inadequate medical care, such as delayed interventions, misdiagnoses, or failure to properly monitor the baby and mother during delivery, can result in severe injuries.5 When healthcare professionals fail to meet standard medical practices, families may have grounds for a legal claim against them. Read more about how we approach medical malpractice cases.
Prenatal Care Issues
Poor prenatal care can contribute to birth injuries, especially if healthcare providers do not address risk factors such as high blood pressure.6 Proper monitoring and early interventions are essential for preventing complications during birth.
Hospital-Related Factors
Hospital environments play a significant role in the birth process. Issues such as poor use of certain types of medical equipment7 can lead to preventable injuries. Ensuring that hospitals uphold safety standards is critical in protecting both the mother and child.
Signs and Symptoms
Recognizing the signs of a birth injury can be challenging, especially since some symptoms might not appear immediately. Early signs include muscle weakness, abnormal posture, or developmental delays. In some cases, the injury becomes apparent later in the child’s development when they miss major milestones, such as crawling, walking, or speaking.
It’s important to seek medical evaluation if you suspect that your child has suffered an injury. Consulting with a specialist can help identify the nature and extent of the injury, ensuring that appropriate care is provided.
Long-Term Consequences
The effects of a birth injury can last a lifetime. Physical disabilities, developmental delays, and cognitive impairments are some of the long-term consequences children may face.8 These challenges can require extensive medical care, special education, and other forms of support that place a significant financial burden on families. Additionally, the emotional toll on parents, who may need to provide long-term care, can be overwhelming.
Understanding the potential long-term needs of a child with a birth injury is essential when seeking compensation. This ensures that the settlement or court ruling takes into account future medical expenses and the child’s overall quality of life.
Working with an Experienced Birth Injury Lawyer
Families whose children have suffered birth injuries due to medical negligence have the legal right to seek compensation. Damages may include medical expenses, rehabilitation costs, emotional distress, and lost earning potential for the child. It’s also possible to recover costs for future medical care, ensuring the child receives the necessary treatments throughout their life.
If you believe your family may be eligible for compensation, know that our birth injury lawyers are dedicated to helping you navigate this challenging process.
Working with Our Team
At Bergeron Clifford, we guide families through each step of the legal process, from gathering medical evidence to working with expert witnesses and building a strong legal strategy.
We understand that birth injury cases are deeply personal, and we handle each case with the care and professionalism it deserves. Our goal is to ease the burden on your family while working to secure the best possible outcome. Schedule a free, no-obligation consultation with our team today to discuss your legal options.
How We Can Help
While the road to justice after a birth injury can be long and difficult, you don’t have to walk it alone. Bergeron Clifford’s experienced birth injury lawyers are committed to helping families secure the resources they need to provide for their child’s future.
If your child has suffered a birth injury, contact us today for a free consultation to discuss your case and explore your options. We’re here to help you every step of the way.
Contact Us Today
Our team at Bergeron Clifford is ready to help you through this difficult time and fight for your rights. We offer compassionate and skilled legal services to ensure you receive the fair compensation you deserve.
Frequently Asked Questions
Birth injuries may be caused by medical negligence, poor prenatal care, or hospital errors. Identifying the specific cause is key to pursuing a legal claim.
In Canada, the statute of limitations is generally two years from the date of the injury, but exceptions may apply if the injury is discovered later.
The duration of a birth injury case depends on its complexity, but cases can take several months to a few years to reach a resolution.
Liability may fall on medical professionals, hospitals, or even manufacturers of defective medical equipment.
Families may receive compensation for punitive and non-punitive damages. These include medical expenses, rehabilitation costs, lost earnings, and emotional suffering.
Yes, settlements often include coverage for future medical care and other long-term needs.
Sources
1. Collins, Kim A., and Edwina Popek. 2018. “Birth Injury: Birth Asphyxia and Birth Trauma.” Academic Forensic Pathology 8 (4): 788–864. https://doi.org/10.1177/1925362118821468.
2. Mazza, Frank, Judy Kitchens, Mark Akin, Byron Elliott, Debbie Fowler, Elaine Henry, Susan Landers, et al. 2008. “The Road to Zero Preventable Birth Injuries.” The Joint Commission Journal on Quality and Patient Safety 34 (4): 201–5. https://doi.org/10.1016/s1553-7250(08)34025-2.
3. “Default – Stanford Children’s Health.” n.d. Www.stanfordchildrens.org. https://www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687.
4. Collins, Kim A., and Edwina Popek. 2018. “Birth Injury: Birth Asphyxia and Birth Trauma.” Academic Forensic Pathology 8 (4): 788–864. https://doi.org/10.1177/1925362118821468.
5. Rinaldi, R., V. Piersanti, F. Consalvo, and A. Del Rio. 2020. “Childbirth Injuries: An Issue Fraught with Risks from the Health Care and Medicolegal Perspectives.” La Clinica Terapeutica 171 (3): e229–34. https://doi.org/10.7417/CT.2020.2218.
6. Garovic, Vesna D., Ralf Dechend, Thomas Easterling, S. Ananth Karumanchi, Suzanne McMurtry Baird, Laura A. Magee, Sarosh Rana, Jane V. Vermunt, and Phyllis August. 2021. “Hypertension in Pregnancy: Diagnosis, Blood Pressure Goals, and Pharmacotherapy: A Scientific Statement from the American Heart Association.” Hypertension 79 (2).
7. Muraca, Giulia M., Laura E. Ralph, Penny Christensen, Rohan D’Souza, Roxana Geoffrion, Sarka Lisonkova, and K. S. Joseph. 2023. “Maternal and Neonatal Trauma during Forceps and Vacuum Delivery Must Not Be Overlooked.” BMJ 383 (October): e073991. https://doi.org/10.1136/bmj-2022-073991.
8. Boyle, Coleen A., and José F. Cordero. 2005. “Birth Defects and Disabilities: A Public Health Issue for the 21st Century.” American Journal of Public Health 95 (11): 1884–86. https://doi.org/10.2105/ajph.2005.067181.
