Jul 25, 2025 in News --> Birth Injury

What Is the Average Settlement for a Birth Injury Case in Canada?

A compassionate guide for Canadian families navigating life after a preventable birth injury—what compensation looks like, how claims work, and how to get the legal support you deserve.

Having a baby should be one of the happiest times in life. But for some Canadian families, that moment is full of confusion, fear, and heartbreak when something goes wrong during delivery. If your baby was hurt during birth, you probably feel overwhelmed by medical choices, money worries, and the painful question, "Could this have been avoided?"

You are probably here because you want to know something. People often ask us, "What kind of settlement can we expect if we take legal action?" This article explains what birth injury settlements in Canada usually look like, what factors affect the amount, and what to do next if you think your child's injury was caused by medical negligence.

What is a birth injury?

A birth injury is any damage that happens to a baby before, during, or right after birth. Some injuries aren't too bad and heal quickly. Some things, like brain damage, cerebral palsy, or nerve injuries, can hurt a child for the rest of their life.

Some common reasons for birth injuries include:

 
• Late C-sections
• The incorrect use of Pitocin or synthetic Oxytocin
• Using forceps or vacuum extractors incorrectly
• Not keeping an eye on fetal distress
• Poor handling of drugs causes labour

You may be able to get birth trauma compensation if a doctor, nurse, or hospital didn't provide the right level of care and your child was hurt as a result.

What is the Average Amount of Money That People in Canada Get for Birth Injuries?

In Canada, settlements usually range and depend on how bad the injury was and how it will affect the child's life in the long run.

Compensation is meant to cover:

 
• Therapies and medical care
• Devices that help and changes to the home
• Special education and taking care of people
• Loss of income in the future
• Pain and suffering

For instance, a child who has cerebral palsy due to insufficient oxygen during birth may require round-the-clock care for the rest of their life. In these situations, settlements can surpass $10 million to ensure the child's needs are satisfied.

What Makes a Settlement Bigger?

There are many things that can affect how much money a family gets, but here are the most important ones:

 
• How bad the injury was: The more serious and permanent the injury, the higher the settlement. A temporary nerve injury will cost a lot less than a permanent disability.
• The cost of future care: The courts think about what the child will need for the rest of their life, like physical therapy, special equipment, and home care.
• Loss of the ability to make money: If the injury means the child can't work again, the settlement may include money for lost future income.
• Pain and suffering: This includes both the child's pain and the emotional toll it takes on the family.
• How strong the proof is: Clear medical records, expert opinions, and proof of negligence can have a big effect on the outcome.

Settlements for Birth Injuries in Real Life

Every case is different, but here are some examples that show how different outcomes can be:

 
• $14.9?Million – Cheung?v.?Samra: In this landmark Ontario case, doctors failed to detect fetal distress related to intrauterine growth restriction. The resulting brain damage led to cerebral palsy, and the Court of Appeal upheld a $14.9 million award.
• $6?Million – Cullan Chisholm: A newborn at St. Martha’s Hospital in Antigonish developed cerebral palsy after doctors ignored signs of fetal distress. The parents received a $6 million settlement, a record for the region.
• $3.2?Million – Ediger v. Johnston: This Supreme Court ruling restored a $3.2 million award for Cassidy Ediger, a child who suffered permanent brain damage due to a forceps delivery gone wrong.

These numbers show not only how much care costs but also how emotionally and financially difficult they are for families to manage.

How Can You Tell If You Have a Case?

There are times when it's clear that something went wrong. Sometimes, signs of a birth injury don't show up for weeks or even months. If you're not sure, our guide on 13 signs that you or your baby may have been hurt during birth because of a labour inducer can help you find them.

If you think a doctor was careless, you should talk to a birth injury lawyer in Toronto or your area. They can look over your case and help you figure out what your legal options are.

How Does the Legal Process Work?

It can be hard to file a birth injury claim, but a good lawyer will help you every step of the way. This is how the process usually goes:

• First Meeting: You will talk to a lawyer about what happened. They'll look over your medical records and decide if you have a case.
• Look into Evidence: If they agree to take your case, they will collect evidence, talk to medical professionals, and make a strong case in court.
• Starting the Lawsuit: Your lawyer will file a claim against the hospital or healthcare provider once the case is ready.
• A Trial or Negotiation: Most cases don't go to court. However, if a fair offer fails to materialize, your lawyer may pursue the case in court.

Why Do a Lot of Families Decide to Settle?

Settlements don't mean "taking the easy way out." They are often the fastest way to get money and avoid the stress of going to court. A settlement can give you:

 
• Getting money faster
• Less stress for the family
• Keeping things private and secret
• A guaranteed outcome

That being said, a good lawyer will be ready to fight for you if you need to go to court to get the money your child deserves.

When delays in emergencies cause birth injuries?

One of the most common reasons for birth injuries is not acting quickly enough in an emergency. Our blog about Sudbury birth injuries and delays in emergencies talks about how being unsure or not communicating clearly in the delivery room can have terrible effects.

Know What You Can Do

When doctors don't meet the standard of care, Canadian law lets families ask for money. In our article about birth injuries, medical negligence, and your legal rights, we talk about how to prove negligence and what legal protections are available for families.

To win a claim, you must show:

 
• There was a relationship between the doctor and the patient.
• The standard of care was not followed.
• That breach led to the injury.
• The injury caused damages, which could be money, feelings, or health.

What a Birth Injury Lawyer Can Do for You

birth injury lawyer in Toronto or your area can be your best ally. They'll assist you with:

 
• Know what your rights are.
• Gather and make sense of medical evidence.
• Get help from expert witnesses.
• Talk to insurance companies about it.
• Get the most money for your birth trauma.

Most lawyers work on a "no win, no fee" basis, which means you don't have to pay them until they win your case.

Final Thoughts: You're Not the Only One

A birth injury can change everything for you. You don't have to deal with it on your own, though. There are people who can help you whether you're just starting to ask questions or are ready to go to court.

We at Neinstein medical malpractice lawyers are here to help you with kindness, clarity, and experience. If you're thinking about getting a birth injury settlement in Canada, call us today to talk to someone who knows what you're going through and can help.