FAQs

Many preventable birth injuries are the result of a doctor, nurse, staff member, or other healthcare provider’s careless or reckless behaviour. The extent of the negligence involved is a significant factor in the severity of a child’s birth injury.

Failure to adequately monitor a mother for signs of complications, improper use of forceps or other delivery tools, errors made while delivering the child, and failure to recognize signs of fetal distress can all lead to severe birth injuries. Oxygen deprivation to the child, inadequate delivery room protocols and procedures, and delayed diagnosis of infections also commonly form the basis of successful birth injury claims

The underlying causes of neonatal seizures vary. They include:

• Lack of oxygen before or during birth;
• Infection acquired before or after birth;
• Stroke before or after birth;
• Blood clot or bleeding in the brain;
• Birth defects;
• Chemical imbalances;
• Metabolic disorders;
• Drug withdrawal.

About half of babies who experience seizures after birth will develop epilepsy later in life.

Persistent chemical irritation of airways by meconium creates inflammation in the lungs that may cause long-term respiratory problems, including:

• Severe asthma-like symptoms;
• Hindered growth;
• Being prone to viral or bacterial pneumonia.
  

Oxygen deprivation from meconium aspiration can also lead to brain injury which can cause:

• Seizures;
• Hypoxic-ischemic encephalopathy;
• Cerebral palsy;
• Strokes.

While the vast majority of cases of Erb's Palsy occur at or around birth, the condition can onset at any age if the brachial plexus nerves are stretched or damaged.

Some post-birth causes include:

• Contact sports;
• Trauma from motor vehicle accidents;
• Violence including bullet wounds, falls, and tumours.

Three possible indications of cerebral palsy are

1. Developmental delays;
2. Abnormal muscle tone; and
3. Abnormal posture.

Seek medical attention immediately. If possible, take photos of the scene of the accident, collect contact information of witnesses, and record your own observations or what your child can tell you about what happened. Speak to a pediatric injury lawyer as soon as possible to ensure your rights and your child's rights are protected.

Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation. We believe that you should not need to be independently wealthy to access justice for harm caused to you.

Our lawyers will use a combination of resources to determine what happened in the context of a birth or perinatal injury.

We will start the investigative process by obtaining the medical records and by gathering information from our clients.

We will then seek out the most appropriate medical and non-medical experts to interpret and provide opinions and expertise as to whether there was a breach of the standard of care, whether that breach caused or contributed to the injuries, and the extent of the injuries suffered.

Throughout the litigation process, we will receive further evidence as to what happened through the exchange of documents between parties and through the Examination for Discovery process.

Typically, in Ontario, you have two years from the day which the injury occurred, the day you discovered that the injury had occurred, or the date you ought to have reasonably known about the injury to bring a lawsuit for a personal injury claim. In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the lawsuit.

It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful to learn about your legal rights early.

If you believe your child or grandchild has suffered a preventable birth injury we can help make that determination. We start by meeting with you to get the facts. We then obtain all the relevant medical records and perform a detailed and comprehensive review. Where indicated, we will consult with highly qualified, respected and independent doctors to get the answers you need and deserve.

A birth injury is harm caused to a fetus or newborn baby during pregnancy, labour, delivery or in the period shortly after birth. Most birth injuries are related to a disruption in blood flow to the fetal brain, although other forms of trauma also occur at or around the time of birth. If severe enough, the impaired flow of oxygen can cause permanent injury resulting in a diagnosis of Cerebral Palsy.

Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of a person's life. They will have need for care, therapies and/or surgical interventions, often for life.

Other common birth injuries include:

• Shoulder dystocia;
• Fetal and neonatal stroke;
• Kernicterus;
• Meconium aspiration syndrome;
• Negligent resuscitation of a newborn;
• Trauma from extraction tools.