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Birth Injury Lawyer Toronto


Connect with an experienced birth injury lawyer Toronto you can trust. With over 50 years of experience, we have helped birth injury victims and their families access the compensation they are legally entitled to. Contact us today to book a free consultation with a leading birth injury lawyer.



A Birth Injury Lawyer in Toronto You Can Rely On

At Neinstein, our team of leading birth injury lawyers in Toronto are driven by their commitment to clients and their families. Through our experience, we understand the challenges you may face and offer our steadfast support. We encourage our clients to call us with any questions and concerns they may have, and we provide access to crucial healthcare as well as resources to protect dependent families.

Birth injury cases can be as unique as the individual, and we recognize that the legal process can at times be a long and difficult emotional journey. We are here to help you on the road ahead.

A birth injury can occur when medical professionals and health care workers fail to meet standards of care - when that happens, and someone you love suffers a birth injury, Neinstein is here to help. Contact us to begin your birth injury claim.


Neinstein Medical Malpractice Lawyers is a Toronto-based personal injury law firm proudly serving Canadians for over 50 years.

In Compensation*

Proudly conducted numerous trials with juries and judge alone involving complex medical issues with millions of dollars recovered.


At Neinstein, our award-winning team of medical malpractice lawyers are trained to practice cases like yours which make them a powerful ally.

Birth Injury Types

Birth Injury

"Birth Injury" refers injury to infants during pregnancy, labor, delivery, or the post-delivery period. The injury often involves the brain. This can be diagnosed soon after birth, or there may be a delay before it is recognized. Birth injuries can lead to permanent disabilities.

Obstetrical Malpractice

Obstetrical negligence typically refers to errors either before, during, or immediately after the delivery of a child. Obstetrical negligence can result in severe injuries with long-lasting impact.

Cerebral Palsy

Cerebral palsy (CP) refers to a disorder of the brain that can impact movement, muscle tone, and posture. CP is caused by damage to the brain. This could be related to a lack of oxygen, or another type of injury to an infant's brain either before birth or shortly after.

A diagnosis of CP can occur later in a child's life. Call a cerebral palsy lawyer to understand whether the CP may have been related to obstetrical malpractice.

Hypoxic Ischemic Encephalopathy

Hypoxic ischemic encephalopathy (HIE) generally refers to brain damage caused by a lack of oxygen. A severe lack of oxygen is called "hypoxia." Depending on the severity of the HIE, the infant can suffer from developmental or cognitive delays, motor impairment, and potentially ongoing seizures.

Birth-related hypoxia should be investigated by a qualified medical malpractice lawyer, including a complete review of the medical records and brain imaging.

Stroke, Hypoglycemic Injury, and Kernicterus

A perinatal stroke is a neurologic syndrome that is caused by brain injury at some point prior to or shortly after birth. To understand the cause of a stroke, it is important to review the timing of the condition and the subtype of the stroke with a medical malpractice lawyer specializing in these types of cases.

Hypoglycemic brain injury occurs when the infant's brain does not have enough glucose. To understand whether the injury was preventable, it is important to review the full clinical condition of the infant, the timing of the symptoms, the brain imaging, and of course any intervention that did occur.

Kernicterus is a type of brain damage that can occur in a child with severe jaundice. The injury occurs when the bilirubin levels in the blood become too high and spread into brain issue. It is important to investigate every instance of kernicterus.


Do You Have A Case?

To determine if you have a case, it is important for any lawyer to review the relevant medical records and to consult with experts. If your child has suffered a significant injury and you are concerned about the care provided, call us for a free consultation.

We can help if you...



If we can prove, with expert evidence, that the healthcare practitioner fell below a reasonable standard of care and caused or contributed to an injury.


Long Term Impairment

If the resulting injury is permanent with serious consequences on the injured person's daily life.

We cannot help if you...


Minor or Short Term Impairment

Medical errors and negligence almost always cause some pain and suffering to victims and their families. If the resulting injury is not permanent in nature, a formal lawsuit may not be the appropriate route. In these cases, you may wish to contact the relevant Regulator (for example, the College of Physicians and Surgeons of Ontario), or the Patient Relations department at the hospital, in order to voice your concerns.


Bedside Manner Complaints

Our perception about the quality of healthcare we receive as patients can be dependent on the manner in which it was delivered. If you feel that you were subject to poor bedside manner or even a rude or dismissive attitude, you should contact the Patient Relations department at the hospital in order to voice your concerns.


Neinstein Can Help

At Neinstein Medical Malpractice Lawyers, our team is connected by our enduring commitment to our clients and their families. Through our specific experience, we understand the challenges you may face and offer our steadfast support. We encourage our clients to call us with any questions and concerns they may have, and we provide access to crucial healthcare as well as resources to protect dependent families.

A case is as unique as the individual, and we recognize that the legal process can at times be a long and difficult emotional journey. We are here to help you on the road ahead.


What You Get From Neinstein Birth Injury Lawyers

Not all law firms can offer in-depth knowledge and insight vital for a successful medical malpractice claim. At Neinstein, our medical malpractice lawyers have been specifically trained and practiced in cases like yours in order to be a powerful ally.

When you choose to retain a medical malpractice lawyer at Neinstein, you gain the peace of mind that can only come from proven methods and pertinent experience. Our team has assisted with countless clinical negligence claims over the years.

Negligent medical care during pregnancy, labour, and delivery can lead to a permanent injury that requires financial support to appropriately address. Birth injuries such as cerebral palsy, Erb's palsy, and kernicterus can dramatically alter your family's future - access the resources you need to adjust with the help of Neinstein LLP.


Comprehensive &
Experienced Team

When medical mistakes happen, lives and livelihoods are often at risk. As lawyers for medical negligence, and as people who care about the well-being of our valued clients, we understand what this means to you and your family, and advocate wholeheartedly for a just and advantageous malpractice settlement.

Our medical malpractice lawyers have developed proven strategies which can strengthen your case and protect your rights to financial security and restitution, while providing you the opportunity to focus on your road to recovery.

Detailed &
Thoughtful Approach

Neinstein medical malpractice lawyers will go to bat for you and your case, advocating for your interests and those of your family. You can expect that the claim will be vigorously defended. At Neinstein, we can determine for you if you have a viable claim and how to proceed, and our esteemed associated medical experts can provide the added support of informed opinions on the health related aspects of your case.

Compassion &

When you choose to retain a medical malpractice lawyer at Neinstein, you gain the peace of mind that can only come from proven methods and applicable experience.

Our team at Neinstein can help you determine if your case qualifies for a medical malpractice claim and can assist you by providing the means for remuneration and the possibility of a smoother recovery. Our firm offers access to clinical and rehabilitative care and counselling, and a case manager can assist you with scheduling and documenting your appointments as necessary. Neinstein is concerned about winning your case, but we also care for your well-being, and we will do whatever we can to aid your recovery.


Frequently Asked Questions

It can be difficult to determine whether or not medical negligence has occurred in any given situation. Often, the patient or their family only know that an unexpected outcome has occurred, but they may not know how or why it happened. We can help. We understand the medicine and we know the law. We can review the situation in detail with you and provide you with the guidance necessary to figure out whether there is a basis for a claim in medical negligence.

If you or a loved one has experienced an adverse outcome following medical treatment, contact us at 1.866.212.8068 for a free, no-obligation consultation.


We understand that people who are dealing with a serious injury or adverse outcome can be under a great deal of financial pressure, especially if their condition is affecting their ability to work or requires significant care costs. We are willing to act for seriously injured persons or their families on a contingency basis, which means we will be paid on a percentage of recovery basis when your case is settled or once a verdict is obtained at trial. The percentage rate will vary based on the situation, but you will not pay our legal fees during the litigation. We are only paid if we are successful. We will go through all of this information with you in detail before we start working on your case.


There is no set timeframe and complex cases can take years to properly prepare for trial. We believe that an early and thorough investigation of all potential claims is the best way of ensuring that your case can be pursued as quickly and efficiently as possible. We will always do our best to move your case forward as quickly as possible.


Neinstein has over 50 years of experience in personal injury law. Due to the complicated nature of medical malpractice, we believe that it is important that you retain a lawyer who has the necessary medical and legal knowledge in this complex area and has significant experience with difficult cases.

The firm was started by Gary Neinstein and since then, its excellence has been continued by sons Jeff and Greg Neinstein. The head of the Medical Malpractice Group, Duncan Embury has more than 25 years of experience specializing in medical negligence, and has won numerous trials and appeals for his injured clients. Duncan Embury, and the rest of the medical malpractice team, is known for applying their in-depth knowledge of medicine and the law to help their clients achieve the best possible results.

We would be pleased to discuss your potential case and all of your concerns and questions during a free, no-obligation consultation.


Generally, the Limitations Act gives claimants two years from the date of discovery of a legal claim to file said claim. Discovery being when the injured person first knew they had suffered an injury, that the injury was caused in whole or in part by the act or omission of the person the claim is being made against (in this case, a medical practitioner), and that legal proceedings would be an effective resolution/remedy for the injury. While the general limitation period applies to birth injuries as well, it does have one important difference: the limitation period doesn't apply to a child who has not reached the age of majority (18 years old). In other words, if a newborn is affected, until they reach 18 years old or a litigation guardian is appointed in relation to the claim, the limitation period does not apply.