Canada Birth Injury Lawyers

Handling birth injury claims across Canada

Preszler Law Firm has been representing families of birth injury victims since 1959 with one objective: to offer quality and comprehensive legal services to the families of birth injury victims. Our dedicated injury lawyers will help you through the entire process of getting you and your family the compensation you deserve.

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Welcome to Birth Injury Lawyers Canada

There are few things more exciting than the anticipation of becoming a parent. No matter what a parent’s preferences or ideas are in terms of their new baby — whether they want a boy or a girl, are hoping to raise an athlete or a scientist, etc.. — all parents share the hope that they will bring a healthy child into the world.

The fact that most parents want nothing more than for their baby to be safe and well only adds to the devastating nature of a birth injury. When a mother, fetus, or newborn suffers an injury or harm that they would not have incurred but for the wrongful or negligent actions of a medical professional, the situation can only be described as tragic.

At Preszler Law Firm, our birth injury lawyers are passionate about helping families recover damages when something has gone wrong during the gestation or birth process, leaving mother or baby or both with injuries. To learn more about your legal rights following a birth injury and how to file a claim, please call our legal team today for your free, no-obligation consultation.

Preszler Law Firm took a great deal of personal pressure off me and my family. Checkpoint status reviews were conducted and I was kept well informed and if ever I had a question my calls were answered responsively and to my satisfaction. I would recommend the Preszler Law Firm. – JB

Preszler Law Firm took a great deal of personal pressure off me and my family. Checkpoint status reviews were conducted and I was kept well informed and if ever I had a question my calls were answered responsively and to my satisfaction. I would recommend the Preszler Law Firm. – JB

Preszler Law Firm took a great deal of personal pressure off me and my family. Checkpoint status reviews were conducted and I was kept well informed and if ever I had a question my calls were answered responsively and to my satisfaction. I would recommend the Preszler Law Firm. – JB

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Practice Areas

A birth injury is defined as an injury suffered by a newborn during the birthing process, and is also referred to as birth trauma. In addition to representing families whose children have suffered birth injuries, we also represent families of infants who suffered harm due to a doctor’s negligence while within the womb pre-birth, as well as mothers who have been injured pre-birth or during birth due to physician error.
Common birth injuries include:

Brachial Plexus Palsy

Brachial Plexus Palsy is when nerves in the brachial plexus get damaged and signals cannot travel like they normally do from the brain to the arm muscles. This may result in muscles not working anymore.

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Birth Infections

Most birth infections found in newborn babies are caused by bacteria’s and viruses which can get into the baby during both labor and delivery. These infections can affect both mother and child.  

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Cephalohematoma

Cephalohematoma is a traumatic injury that occurs under the skin in the periosteum of the newborn’s skull bone. While it does not pose risk to brain cells – it can cause pooling of the blood in the brain.

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Erbs Palsy

Erbs Palsy is an injury that results in paralysis of the arm as a result of damaged nerves. They typically happen in the upper trunk C5-C6 nerves. It can result in weakness and loss of motion in the baby’s arms.

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Intracranial Hemorrhage

This is a type of bleeding that occurs inside the skull and referred to as a cerebral hemorrhage. This bleeding is caused by a blood vessel in the brain that has leaked or ruptured.

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Klumpkes Palsy

This form of paralysis affects the muscles of the forearm and hand and results from an injury to the first thoracic nerve (T1) and the eight cervical nerve (C8).  This can occur during a difficult vaginal delivery.

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Paralysis

Paralysis in the case of birth injuries – refers to the loss of muscle function in a certain part of the baby’s body. Paralysis can occur in newborns as a result of the pregnancy, labor and/or delivery.

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Perinatal Asphyxia

Perinatal asphyxia in newborns occurs as a result of the deprivation of oxygen during the birth process. This can result in brain damage if the oxygen deprivation occurs for an extended period of time.

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Persistent Pulmonary Hypertension

Persistent pulmonary hypertension of the newborn (PPHN) is the failure of circulatory transition that occurs after birth. It results in a decreased supply of oxygen which can leave your baby with injuries.

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Spinal Cord Injuries

Spinal cord injuries can occur as a result of blunt force trauma or a medical malady to the spine of the newborn. It can also come from the lack of diagnosis or misdiagnosis of spina bifida.

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Brain Damage

Brain damage during pregnancy, labor or delivery affects millions of babies every year. Brain damage in new born infants can occur for a variety of reasons such as lack of oxygen or blunt force trauma.

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Cerebral Palsy

Signs of cerebral palsy may manifest themselves within weeks of a newborn’s delivery. The disorder is often difficult to diagnose in the early weeks of a newborn but there are symptoms to look out for.

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Bone Fractures

Bone fractures are the most common injury sustained during childbirth – especially to the clavicle or collar bone. This can occur as a result of trauma during child birth/pregnancy or a difficult labor.

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Skull Fractures

Skull fractures in newborns are difficult to diagnose immediately however there are symptoms to look out for – especially during difficult labors and pregnancies including bruising, blood and bumps.

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Caput Succedaneum

Caput succedaneum is a swelling that is located on the baby’s scalp and is evident shortly after childbirth. This injury can result from a difficult delivery and/or the use of tools used during birth.

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Subconjunctival Hemorrhage

Subconjunctival hemorrhage refers to bleeding of the eye. It occurs when the blood vessels beneath the eye ruptures and can happen to newborn infants during a difficult and stressful delivery.

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Cord Strangulation

Cord strangulations can occur during pregnancy and during the delivery process. Cord strangulations can result in deprived oxygen into the baby’s lungs and brain and result in numerous birth injuries.

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Administration Failure

Administration failure refers to medical administration processes (or lack thereof) during the labor and delivery process that can result in injuries to your newborn or infant that can have long-lasting impacts.

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Misuse of Equipment

Injuries that occur in newborns can occur as a result of misuse of equipment during the labor and delivery process. There are a variety of different misuses that can result in different types of injuries.

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Shoulder Dystocia

Shoulder dystocia is a birth complication that can arise during delivery and occurs when the baby’s shoulder gets stuck in the mother’s pelvic area usually when the mother is too big for the pelvic area.

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The above birth injuries can cause serious long-term harm to an affected newborn. Examples of harm that could result from the above might include traumatic brain injuries (caused by a lack of oxygen to the brain), cerebral palsy, paralysis of the hand or shoulder, development of jaundice, premature birth, infant deformity or death, and more.

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How Do Birth Injuries Occur?

While some birth injuries happen for reasons that are hard or impossible to prevent — for example, having a large baby increases the risk of a birth injury, as does cephalopelvic disproportion, a condition where the size and shape of the mother’s pelvis is not adequate for vaginal birth — a large percentage of birth injuries occur as a result of physician error. Examples of physician error that can lead to a birth injury include:

Misuse of forceps or vacuum extractors:

  • Failure to properly monitor mother and baby during gestation and birth;

  • Failure to administer steroids in a premature birth situation;

  • Improperly tugging or pulling on a newborn’s shoulders, neck, or head in an attempt to remove the baby from the birth canal;

  • Failure to order emergency cesarean section;

  • Failure to diagnose a dangerous condition in mother or baby;

  • Failure to treat various conditions, such as preeclampsia or maternal diabetes;

  • Failure to treat maternal infections; and More.

EXPERIENCED BIRTH INJURY LAWYERS

Our lawyers have decades of experience in dealing with birth injury claims

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What Can You Expect If You Contact Us

Consult with Our Canada Birth Injury Lawyers Today

If your child has been harmed in gestation or during birth, our lawyers want to help you recover the compensation that your family needs. We know the grief and loss you are experiencing, and while we understand that nothing can truly compensate your family for its loss, we want to provide you with the support you need during this difficult time.

Please reach us today for your free consultation and more information about next steps.

Once you reach out to us – we will have a member of our legal team review your case and also provide you with legal options as to whether you can expect a claim or not. This is a no obligation consultation – and the best part is if you do decide to hire us – you do not pay anything unless we win.

Frequently Asked Birth Injury Questions

There are numerous forms of compensation for birth injuries, some of which can be substantial, depending on the extent of the injury. Generally, the child is entitled to compensation for pain and suffering, care costs, and income loss,, if the injury will impact the ability of the child to earn income into the future. The parents may also be entitled to compensation for such things as income loss for time off to look after the child, and for expenses the parents incur to assist with the child’s care. Damages in birthing injury cases where there is a lifelong and significant impact on the child can be significant – awards of $10 million and more are often justified.

Any injury sustained at birth which resulted from the negligence of the medical care is eligible for compensation. The most common (and severe) injuries include Brachial Plexus Palsy, Erb’s Palsy, Klumpke’s Palsy, Shoulder Dystocia, Caput Succedaneum, Cephalohematoma, Perinatal Asphyxia, Intracranial Hemmorhage, Subconjunctival Hemmorrhage, Paralysis, Spinal Cord Injuries, Cerebral Palsy, Brain Damage, Bone Fractures, Skull Fractures, Birth Infections, Persistent Pulmonary Hypertension, misuse of forceps or vacuum extractors, failure to administer steroids in a premature birth situation, cord strangulation/asphyxia.

As with any medical negligence claims, birth injury claims are very strongly defended by the medical insurers and defence team.  They will not concede fault, and will dispute every element of compensation you claim.   The medical defence team is a group of highly skilled lawyers backed by a multi-billion dollar defence fund.    They will resist and dispute everything.    A skilled lawyer with financial resources is needed to prove the claim and take the claim to trial, which many times will be necessary.  Further, birth injury claims – again like all medical malpractice claims – are difficult to establish and prove to the satisfaction of a court.   A skilled trial lawyer is needed to be successful on the claim

Birth injuries will take a long time to resolve.   As noted above, the defence team will not admit liability, and will fight the claim aggressively.  This will require moving the claim towards trial, and it will likely only settle just before trial, or at trial with a judgment.   Trials can take years to reach.   Also, and more importantly, prior to a birth injury claim resolving, it is necessary that we know the long term effects of the birth injury to the child, and that is often not known for many years.

There will be an extensive review of medical records to prove negligence.   These records will have to be reviewed by medical specialists to provide opinions as to the extent of that negligence.  The child will then be monitored to determine the extent of the impact on the child for their life.   A lawsuit will be filed, and parents will need to be questioned on what happened at the birth, and how their child has been impacted.  Your lawyer will question the medical team involved in your child’s birth to get evidence on negligence.   There may or may not be negotiations.  Ultimately, the claim will either settle out of court, or a trial will be necessary.

 It is generally advisable to hire a lawyer as soon as possible so that the lawyer can review the medical records as early as possible.   While not necessary, filing the lawsuit within the first year is usually ideal.   Technically, your child has until two years after they reach the age of majority  to file the lawsuit – however, there are things that could create issues with waiting that long (such as a Notice to Proceed or the Ultimate Limitation Rule).   Also, if the parents are claiming compensation, then filing no later than 2 years after the birth is generally safest.   Overall, while there may be considerable time to file the lawsuit, the longer time which is allowed to pass the more chance there is that risks may arise, and the harder it may be to prove the case.

When selecting a birth injury lawyer, you need someone skilled, experienced, and with the financial resources to fight the claim.   Further, you need a lawyer who has a proven track record of going to court, and being successful in court, particularly at all levels of court (trial and appeal levels).  Your lawyer must be someone who is financially prepared to go to trial, and not afraid to take your case to trial.  Your lawyer must also be someone who can go to appeal courts if necessary, as trial decisions in birth injury cases are frequently appealed to higher courts as a result of their complexity, and the amount of compensation involved

The list of symptoms is wide spread.  The most severe symptoms involve brain injuries, physical defects and deformities, cognitive impairments, or problems with motor (moving) skills.   However, anything with your child that seems “off” should be viewed carefully. 

 Pursing a birth injury claim can theoretically be costly.   You will have a senior lawyer and his staff working for you for potentially many years.   High priced medical specialists will need to be hired at the appropriate time to provide medical opinions.  Generally, the cost of pursuing these claims would be beyond the ability of most parents to pay.  However, at Preszler Law we work on a contingency fee basis, meaning our fee is based on what we recover – if there is no recovery then no fee is charged.   Further we fund the litigation expenses needed to bring the claim forward.  Accordingly, parents can come to us without needing to be concerned about having to pay out money to us to bring their claim.  Our fee and disbursement recovery will come at the end of the claim from the settlement proceeds.

Your lawyer will take care of obtaining medical records.  At Preszler Law, we often order the records, review them, and then discuss with the parents whether we believe a viable negligence claim exists.   That said, you can, as a parent, request the records directly before contacting a lawyer.   Simply request them from the hospital and they will be provided, though that may take a few weeks or months.

The experts who are consulted will vary depending on the type of birth injury and the damages caused.  Generally, at the beginning, specialists in pre-natal care, emergency room procedures, and birthing will be consulted.   If negligence is found then subsequent experts may be consulted who can determine the lifelong impact of the injury and what compensation needs to be paid to fund what is needed.

Brain injuries are typically diagnosed by the treating doctors and specialists at the hospital.   However, the fact they have diagnosed a “brain injury” does not mean they are saying it is the result of negligence – as noted above negligence is never conceded.  They will simply say that it occurred and will likely say it was the result of an unavoidable issue with the pregnancy.   Your lawyer will need to look through the records and consult specialists to determine if a claim for negligence can be made out for causing the brain injury.   Further, even if a brain injury is not initially diagnosed, but you suspect your child is “off”, subsequent specialists, including ones that may be obtained by your lawyer, may diagnose a brain injury at a later date.

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Why Choose us?

  • Injury Lawers since 1959

  • We treat clients like our family

  • No Win. No Fee

  • Free Initial Consultations

  • We Take Pride in Honesty

  • National Injury Law Firm

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  • We Have Helped Thousands

  • Great reviews