Medical Malpractice

Obstetrical & Birth Injuries

Harm caused to a mother or her baby before, during, and/or after birth is referred to as obstetrical negligence, or a birth injury. Sometimes harm caused to an infant or a young child may not be immediately apparent. Unlike most claims, which have a two-year limitation period, claims on behalf of an infant or child can be brought until two years after the child's 18th birthday. Examples of obstetrical negligence/birth injury include, but aren't limited to:

child birth

Injuries to Mother

  • Failure to adequately monitor or treat a mother during pregnancy
  • Failure to identify and/or diagnose pre-existing conditions, including preeclampsia, a high blood pressure condition experienced by approximately 11.5% of pregnant women in Canada
  • Failure to identify a placental abruption
  • Surgical errors during C-section delivery, or unnecessary surgical procedures

Injuries to Infant

  • Cuts and bruises caused by undue pressure on the head
  • Umbilical cord complications
  • Bone fractures/facial paralysis
  • Brachial plexus injury, a form of nerve damage that paralyzes the arm
  • Prolonged oxygen deprivation to the brain
  • Failure to monitor and manage neonatal conditions such as:
    • hypoglycemia (low blood sugar)
    • hyperglycemia (high blood sugar) and
    • hyperbilirubinemia (too much bilirubin in a baby's blood)

Obstetrical negligence can influence the trajectory of an infant's life well into adulthood, and in some cases, result in the actual death of the infant which is clearly profoundly devastating for the infant's parents and for their families. In many cases, family members are able to claim for a loss of care, guidance and companionship as a result of their loved one's injuries or death. Our medical negligence team has extensive experience dealing with cases of catastrophic injury and wrongful death. If you suspect that you may have a claim for obstetrical negligence, a birth injury, or medical malpractice of any kind, schedule a free consultation.