FAQs

A newborn infection can be classified as medical malpractice when healthcare providers fail to meet the standard of care expected during the delivery or postnatal period, resulting in preventable harm or death. This could involve failing to diagnose or treat an infection in a timely or adequate manner, causing unnecessary suffering for the newborn and their family.

How Does Gluckstein Establish Negligence in a Newborn Infection Medical Malpractice Case?

Our birth injury lawyers take a meticulous, step-by-step approach to determine whether a newborn infection qualifies as medical malpractice:

1. Reviewing Medical Records

Our legal team secures and assesses the relevant medical records, analyzing the care provided during birth and postnatal treatment. This helps uncover any lapses in diagnosis or treatment protocols, such as missed tests or delayed interventions.

2. Consulting with Medical Experts

Medical experts are brought in to evaluate whether the healthcare provider’s actions—or lack thereof—fell below the standard of care. These professionals help identify whether proper medical precautions were neglected, like monitoring signs of infection or prescribing appropriate antibiotics.

3. Establishing a Link Between Negligence and Harm

The next step involves demonstrating how the provider’s failure directly led to the newborn’s infection or complications. This essential connection helps establish that the harm was preventable and occurred due to negligence.

If negligence is evident and it caused injury, infection, or complications, the case may qualify as medical malpractice. Contact us today to discuss your case and see how we can help.

To establish negligence in a birth injury case, you must prove four key elements: a duty of care existed, that duty was breached, the breach caused the injury, and the injured party suffered damages.

Our birth injury team thoroughly investigates each case to ensure these elements are met. Here’s how we approach specific types of birth injury cases:

Resuscitation Negligence.

When resuscitation efforts at birth cause harm, we analyze medical records, consult experts, and assess whether healthcare providers followed standard protocols. Delays or failures in providing oxygen or monitoring vitals are key factors we investigate. Medical experts help us determine if a similarly experienced professional would have acted differently under the same circumstances.

Newborn Infection Negligence. 

Negligence in newborn infection cases involves proving that medical professionals failed to promptly identify, diagnose, or treat an infection, leading to harm. We review medical records to understand when and how the infection occurred, the timeliness of diagnosis, and whether treatment met accepted standards. Expert opinions help assess whether the provider’s actions aligned with those of a competent professional.

Kernicterus Resulting From Jaundice.

Jaundice-related injuries, such as kernicterus, often stem from medical negligence when elevated bilirubin levels are not properly managed. Our team investigates whether healthcare providers adhered to protocols for monitoring bilirubin levels in newborns. This includes assessing the timeliness of interventions like phototherapy or exchange transfusion. Any delay or oversight in testing and treatment is evaluated in comparison to established standards of care. Expert analysis is integral in demonstrating how inaction or improper action directly caused harm.

If your child has suffered a birth injury due to medical negligence, we can help. Contact us for a free consultation to discuss your case and explore your legal options.

Birth injuries can arise from complications during labor and delivery, with significant impacts on both the child and the family. While some injuries are unavoidable due to unforeseen medical circumstances, others result from preventable errors. Common factors that contribute to birth injuries include prolonged or difficult labor, failure to recognize fetal distress, improper use of assistive devices like forceps or vacuum extractors, delaying necessary C-sections, or insufficient monitoring leading to a lack of oxygen (hypoxia) during birth. These errors can lead to conditions such as cerebral palsy, Erb’s palsy, or other forms of permanent disability.

When medical professionals fail to meet the expected standards of care, it may constitute medical negligence. Families affected by preventable birth injuries often face emotional distress, financial strain, and long-term care requirements for their child. Seeking legal assistance can help determine whether the injury could have been prevented and what options are available for obtaining compensation to cover medical costs, therapy, and specialized support.

If you believe medical negligence played a role in your child’s birth injury, it is important to act promptly. Contact Gluckstein Lawyers today to discuss your case. Our compassionate and experienced team is dedicated to advocating for families and securing the resources needed to move forward. Reach out for a free consultation to understand your rights and options.

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.

Yes, children born prematurely or those who experience very difficult births are at an increased risk of suffering brain injuries that may lead to seizures in the first weeks of life. During childbirth, complications such as a lack of oxygen (hypoxia), physical trauma, or restricted blood flow to the brain can cause significant damage to a newborn’s developing brain. Premature infants are particularly vulnerable as their bodies and brains are not yet fully developed, making them more susceptible to infections, bleeding in the brain (intraventricular hemorrhage), and other medical conditions that can result in seizures.

Seizures in newborns are among the earliest indications of potential underlying brain damage. These seizures may manifest as jerking movements, rigid postures, or even subtle signs like abnormal eye movements or facial twitching. It is crucial for medical professionals to monitor at-risk newborns closely and provide immediate intervention to reduce the likelihood of long-term complications, such as cerebral palsy or developmental delays.

If your child has experienced newborn seizures or you suspect they may be related to a birth injury caused by medical negligence, you may have legal options to explore. Contact us today to discuss your case. We are committed to advocating for families affected by birth injuries and can help you understand your rights and secure the support your family needs.

Meconium aspiration syndrome (MAS) occurs when a newborn inhales a mixture of meconium (their first stool) and amniotic fluid into their lungs during or before delivery. This can lead to inflammation and breathing difficulties, requiring rapid medical intervention to avoid complications. While MAS is more common in births where a baby is overdue or stress occurs during labor, its effects can range from mild to severe.

What Are the Major Complications of Meconium Aspiration?

When meconium enters a baby’s lungs, it can block airways and lead to respiratory issues such as difficulty breathing and low oxygen levels. Serious cases of MAS may result in complications, including persistent pulmonary hypertension, which raises pressure in the blood vessels connecting the heart and lungs, or pneumothorax, a condition where air escapes into the chest cavity causing lung collapse. Additionally, prolonged oxygen deprivation could lead to neurological problems, although this is less common with timely treatment.

Can Babies Recover from Meconium Aspiration?

Fortunately, most babies recover fully from MAS with appropriate medical care. Treatments like oxygen therapy, mechanical ventilation, or the use of extracorporeal membrane oxygenation (ECMO) in severe cases can help manage symptoms and support recovery. However, in rare instances, long-term complications like chronic lung disease may occur, requiring ongoing medical supervision.

If your family is facing challenges due to MAS, it’s crucial to understand your legal options. Contact an experienced birth injury lawyer at Gluckstein Lawyers for guidance. Our team is committed to supporting families navigating these difficult circumstances.

Early signs of cerebral palsy often emerge within the first years of a child’s life and can include a range of physical and developmental symptoms. Parents may notice developmental delays, such as a child not reaching milestones like rolling over, sitting up, or crawling at the usual ages. Additionally, abnormal muscle tone is a common indicator—this can manifest as floppy or overly stiff limbs. Children with cerebral palsy may also demonstrate unusual posture, involuntary movements, or asymmetrical movement patterns, such as favoring one side of the body over the other.

Another potential sign is difficulty with motor control, which may result in poor coordination or clumsy movements. Some children may show persistent infantile reflexes, such as the Moro reflex, longer than is typical, while others might struggle with oral motor coordination, leading to feeding difficulties or excessive drooling. These signs vary in severity and presentation depending on the type of cerebral palsy and the extent of the brain injury or malformation.

Recognizing these signs early is critical, as early intervention can greatly improve the quality of life for children with cerebral palsy. If you suspect your child may have symptoms of cerebral palsy, it’s essential to seek a medical evaluation promptly to determine a diagnosis and explore treatment options.

If you have concerns about your child’s development or diagnosis, contact us today to learn more about how we can support you and your family.

The most common cause of cerebral palsy is brain damage or abnormal brain development that occurs before, during, or shortly after birth. This condition can result from various factors that impact the developing brain, such as premature birth, insufficient oxygen supply during delivery (known as birth asphyxia or hypoxic ischemic encephalopathy), or maternal infections during pregnancy. Additionally, severe jaundice (kernicterus) in the newborn or complications such as umbilical cord issues, uterine rupture, or prolonged labor can contribute to the risk.

Premature birth, in particular, is a significant risk factor as it may leave the baby's brain more vulnerable to injury due to underdevelopment. Abnormal brain development can also occur due to genetic mutations or structural abnormalities, while infections or inflammations during pregnancy might trigger damage to the developing brain. Other causes include traumatic delivery events or mishandling during childbirth that lead to physical harm or oxygen deprivation.

Timely medical intervention, diligent monitoring during pregnancy, and safe prenatal practices are critical for reducing risks. When cerebral palsy arises from medical negligence or preventable issues—such as delayed action in addressing fetal distress—legal avenues may provide an opportunity to hold responsible parties accountable and help secure long-term support for affected families. Early identification of risk factors is key to minimizing harm and ensuring proper care.

If your have questions about the cause of your child's cerebral palsy diagnosis, contact us to find out how we can help.

What is a Brachial Plexus Birth Injury?

A brachial plexus birth injury occurs when the brachial plexus, a network of nerves that controls movement and sensation in the shoulder, arm, and hand, is damaged during childbirth. This injury often results from excessive stretching, compression, or tearing of these delicate nerves, typically arising in challenging deliveries where there is significant force exerted during labor. Factors such as a larger-than-average baby, breech births, or prolonged labor can increase the risk of this injury. The severity of brachial plexus injuries can range from mild nerve strain, which may self-heal, to complete nerve ruptures or avulsions that require medical intervention.

Recommended Treatments.

The treatment for brachial plexus injuries depends on the extent and nature of the damage. Mild cases may resolve on their own with consistent monitoring, while more serious injuries benefit from early intervention. Common treatment approaches include:

• Physical Therapy: To promote healing, maintain range of motion, and prevent stiffness in the affected limb. Exercises are tailored to improve strength and regain function.
• Occupational Therapy: Focused on developing fine motor skills and improving the use of the hand and arm in everyday tasks.
• Surgical Intervention: For severe cases, surgery may be necessary to repair or reconstruct the damaged nerves. Techniques may include nerve grafts, transfers, or other procedures to restore functionality.

If you believe your child has suffered a brachial plexus injury, early diagnosis and treatment are essential for the best outcomes. Contact our experienced birth injury lawyers to explore your options for pursuing compensation and support to cover your child’s care needs. Reach out to Gluckstein Lawyers today for compassionate guidance and dedicated advocacy.

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.