HomeNews Birth Injury Birth Injuries and Medical Negligence: What Parents Need to Know

Mar 03, 2025 in News --> Birth Injury

Birth Injuries and Medical Negligence: What Parents Need to Know

birth injuries and medical negligence

Birth Injuries and Medical Negligence in Canada: Causes, Legal Implications, and Steps Parents Can Take to Protect Their Child’s Future 

The birth of a child should be a joyous occasion, but for some families, it becomes a traumatic experience due to medical negligence. Birth injuries can have life-altering consequences for both the baby and the parents, leading to emotional distress, financial burdens, and long-term medical care.

If your child has suffered a birth injury due to medical malpractice, it is crucial to understand your legal rights. Consulting a Birth Injury Lawyer Toronto can help you determine whether you have a valid claim and what steps you need to take. If the injury has led to long-term consequences, seeking guidance from a Medical Malpractice lawyer Toronto can also be beneficial in securing compensation for ongoing care and rehabilitation.

What Are Birth Injuries?

Birth injuries refer to physical harm a newborn sustains before, during, or immediately after delivery. While some birth injuries are unavoidable, others result from medical negligence. Common birth injuries include:

  • Cerebral palsy – A neurological disorder caused by brain damage, often due to oxygen deprivation during birth.
  • Brachial plexus injuries (Erb’s palsy) – Nerve damage in the baby’s shoulder due to excessive force during delivery.
  • Hypoxic-ischemic encephalopathy (HIE) – Brain dysfunction caused by a lack of oxygen.
  • Fractured bones – Commonly occurring in difficult or prolonged deliveries.
  • Spinal cord injuries – Severe complications arising from improper handling of the baby during delivery.
  • Facial nerve damage – Can occur due to improper use of forceps or prolonged pressure during birth.

A report by the Canadian Institute for Health Information (CIHI) found that preventable birth injuries occur in approximately 7 out of every 1,000 births in Canada. Additionally, a study published in the Journal of Obstetrics and Gynaecology Canada highlights that delayed C-sections and improper fetal monitoring are leading causes of preventable birth injuries.

How Medical Negligence Leads to Birth Injuries

Medical negligence occurs when healthcare providers fail to meet the standard of care expected in their profession. In birth injury cases, this can involve:

  • Failure to monitor fetal distress – Delayed action when the baby shows signs of distress can result in oxygen deprivation and brain injuries.
  • Improper use of forceps or vacuum extraction – These tools should only be used when absolutely necessary and with great care.
  • Delayed C-section – If an emergency C-section is required but not performed promptly, it can lead to severe birth complications.
  • Medication errors – Incorrect use of labor-inducing drugs like Pitocin can cause complications.
  • Failure to detect maternal infections – Untreated infections in the mother can be transmitted to the baby and cause serious health issues.

For a deeper understanding of birth injuries related to labor-inducing drugs, read our article: 13 Signs You or Your Baby Have Suffered a Birth Injury Because of a Labour Inducer.

Long-Term Consequences of Birth Injuries

Birth injuries can have life-altering consequences, not only for the child but also for the entire family. The severity of the injury determines the extent of its impact, but even minor injuries can lead to significant challenges over time. Some of the long-term effects include:

  • Ongoing medical treatment – Children with birth injuries often require frequent doctor visits, surgeries, and specialized therapies, such as speech or physical therapy, to manage their conditions.
  • Physical and occupational therapy – Many children need continuous therapy to help improve mobility, muscle strength, and coordination. In severe cases, children may require therapy for their entire lives.
  • Cognitive and developmental delays – Brain injuries during birth can lead to delayed speech, difficulty with motor skills, and learning disabilities, requiring special education programs and additional support.
  • Emotional and psychological challenges – Many children with birth injuries experience frustration, anxiety, or depression due to their physical or cognitive limitations. Families may also struggle with emotional distress as they navigate ongoing care needs.
  • Assistive devices and home modifications – Some children may need wheelchairs, braces, or other medical equipment to enhance their mobility. Parents might also need to modify their homes by installing ramps, specialized beds, or other accommodations to ensure their child’s safety and comfort.
  • Financial burden – The cost of medical care, therapy, special education, and home modifications can be overwhelming for families. Many parents may also face lost wages or reduced earning capacity as they devote time to their child’s care.

Given these lasting impacts, it is crucial for families to explore their legal rights to secure financial assistance for long-term medical care and support systems.

 

Proving Medical Negligence in a Birth Injury Case

To establish a medical malpractice claim, you and your Medical Malpractice Attorney must prove:

  1. Duty of Care – The medical provider had a responsibility to provide competent care.
  2. Breach of Duty – The provider failed to meet the required standard of care.
  3. Causation – The negligence directly caused the birth injury.
  4. Damages – The injury led to measurable losses, such as medical expenses, long-term care costs, or emotional suffering.

Key Evidence Required in Birth Injury Cases

Proving negligence requires strong evidence, including:

  • Medical records that document prenatal care, labor, and delivery.
  • Expert testimonies from healthcare professionals who can confirm the standard of care was breached.
  • Witness statements from nurses, family members, or other medical personnel present during delivery.
  • Imaging studies and diagnostic reports that highlight injuries sustained at birth.

Legal Options for Parents in Canada

Parents of children who have suffered birth injuries due to medical malpractice have legal options, including:

  • Filing a Medical Malpractice lawsuit against the responsible healthcare providers.
  • Seeking compensation for medical bills, lost wages, pain and suffering, and future care expenses.
  • Holding hospitals and clinics accountable for inadequate policies and procedures.

A lawsuit can help secure financial support for ongoing treatment and rehabilitation, ensuring the child receives the best possible care. In cases where the injury extends beyond medical negligence into broader personal harm, consulting a Medical Malpractice Lawyer Toronto can provide additional legal avenues to explore.

Our experienced Medical Malpractice Attorneys assist families in conducting thorough investigations, working with medical experts, and navigating legal processes to secure compensation. If you or a loved one has experienced a birth injury due to medical malpractice, taking legal action can help ensure justice and financial support for necessary medical care and rehabilitation.

 

How Medical Malpractice Can Help

At Neinstein Medical Malpractice Toronto, we specialize in helping victims of medical negligence get the justice they deserve. Our experienced Medical Malpractice Attorneys have a proven track record of handling birth injury cases and securing compensation for families across Canada. We assist with:

  • Conducting thorough investigations to determine liability.
  • Working with medical experts to assess the extent of injuries.
  • Negotiating settlements or representing families in court.
  • Providing compassionate guidance throughout the legal process.

We understand the emotional toll that birth injuries take on families, and we are committed to advocating for their rights. Contact us today for a free consultation and let us help you navigate this challenging time.

Conclusion

Birth injuries caused by medical negligence can be devastating, but parents are not powerless. Seeking legal counsel from a Medical Malpractice Lawyer Toronto ensures that you receive the justice and compensation you deserve. If you or a loved one has experienced a birth injury due to medical malpractice, do not hesitate to take action.

For expert legal advice, contact an experienced Medical Malpractice Attorney today and protect your child’s future.

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N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It's great to know that we now have the ability to take care of our daughter and her future needs.

I would recommend Duncan without even a moment's hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft and truly cares about the families he represents."
 
C.R. Medical Malpractice Lawyer Testimonial from C.R.
"In 2010, I met Duncan for the first time with my wife. He explained to me that he had reviewed all the information I had sent to his firm and he said he couldn't believe what he was reading. With that he looked at me and said he would like to help me, because there is a good cause for legal action. So he took the case and things started moving along. The ordeal took many years but we eventually closed the case.

During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
Farima M. Medical Malpractice Lawyer Testimonial from Farima M.
"I have never seen a lawyer like her, that she cares about the client, understand me and my problem listening to me explaining as much as I need, answered all my questions and I'm lucky to have her help me. Thank you so much for your help and hard work."
 
Bela P. Medical Malpractice Lawyer Testimonial from Bela P.
"To those who are experiencing any injustice or insurmountable degrees of stress over an injury or the loss of a family member due to unexplained issues, you need not look any further. The Neinstein team are there for you and to relieve your pain. I'm very pleased to have met Duncan and Erik, who took on our case re the loss of our mother. I assure you that you're case will be well taken care of. Thank you Erik and Neinstein."
 
Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
"Duncan Embury and Sonia Nijjar at Neinstien helped us through one of the most difficult and vulnerable times of our lives. We were impressed with their professionalism and responsiveness to our needs as well as their compassion for our situation. They earned our trust with their hard work and I would not hesitate to recommend them to others."
 
Rathini S. Medical Malpractice Lawyer Testimonial from Rathini S.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
Rathini S. Medical Malpractice Lawyer Testimonial from David R.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
J.R. Medical Malpractice Lawyer Testimonial from J.R.
"Duncan and Sonia met my family at a time where we were dealing with very difficult circumstances and couldn't see the light at the end of the tunnel. They took on our complex case and fought for us tooth and nail until they sought justice for us! We are so incredibly grateful for their perseverance and grace. We couldn't have gotten through it without them. Thank you."
 
D.D. Medical Malpractice Lawyer Testimonial from D.D.
"5 Stars !!!!! We both feel grateful to Neinstein and its lawyers for accepting us as clients. Daniela Pacheco patiently explained to us processes and next steps. Her guidance provided comfort. She always fought for us and never gave up. We were represented with compassion and our cause was pursued with determination and commitment."