Midwife Malpractice Lawyers In Canada

Midwifery is an essential profession in the healthcare field. It is responsible for looking after a mother and her baby throughout the entire pregnancy, labour and delivery process. In Canada, midwives count for a little over a thousand professionals, with the majority practicing in Ontario.

Often, the parents of a newborn may notice some unusual signs in the child’s behaviour or physical appearance. If these signs are not noticed immediately, certain limitations or symptoms might emerge in the child’s body. This leaves parents with doubts and few options on what to do.

In some cases, the injuries that babies suffer result from midwife negligence. This is one of the many forms of medical malpractice in which midwives either mistreat their patients, provide incorrect exams or diagnoses, or conduct a series of wrongdoings (sometimes unknowingly) during a patient’s antenatal care or labour.

This negligence results in babies and mothers alike developing personal injuries.

If you believe you have been a victim of medical malpractice, contact our lawyers at Sommers Roth & Elmaleh. Our team has extensive experience in midwifery malpractice and can assist you with your case.

What is Midwife Negligence?

Midwife negligence is a form of medical malpractice that can often be difficult to spot at first. However, the parents of the child can look out for signs if they ever start noticing changes in their physical appearance or behaviour. Once they suspect that has been midwife negligence resulting in personal injury, the parents can investigate further.

Midwife negligence occurs when a midwife makes a mistake during a woman’s pregnancy, labour or delivery, and even after the birth of a child. This type of negligence commonly results in illness, infections or personal injuries to a mother and her baby.

Some common midwife errors happen due to the following reasons: untreated illnesses or infections, a lack of attention to oxygen during birth, damage to a baby’s brain, rupture of a mother’s uterus, mistakes with medications or diagnosis, nerve damage caused by pulling or twisting the baby, not consulting an obstetrician when problems arise, or not monitoring a mother closely. The list is long and can bring a series of negative impacts to both the mother and baby.

How Your Baby Could Be Impacted By Midwife Negligence

Newborn babies can be severely affected by midwife negligence and face several problems that can cause long-term physical and mental damage. Some of these issues include:

  • Cerebral palsy
  • Erb’s palsy
  • Brain damage
  • Infections
  • Shoulder dystocia
  • Stillbirth

Such problems can be related to negligence during labour or delivery, mishandling of the baby, and damage to a baby’s nerves, bones or muscles, which lead to dystocias, palsies or even infections.

How Midwife Errors Affect Mothers

In the same way as babies, a number of physical complications can affect mothers if a midwife commits negligence. Examples include infections, rupture of the uterus, hemorrhage, and strokes.

Aside from physical injuries, mothers also suffer mental distress and trauma. This not only affects them, but their partners, families and loved ones as well.

Filing a Midwife Negligence Claim in Canada

In Canada, there is no timeline for filing a personal injury claim against a midwife. Anyone can file a negligence claim against a midwife, whether it be a mother, her partner, family or friends.

In the case of midwife negligence and malpractice, you can file a claim against:

  • a specific individual who practices midwifery
  • a group of midwives
  • a doctor or team of doctors and other medical staff
  • the hospital institution

To file a midwife negligence claim, you must gather hospital bills, medical records, statements, documents and testimonies from witnesses regarding the negligence. You need to demonstrate either the mistreatment of a midwife towards you, a lack of care on their part when handling your newborn child, or a mistake they made when diagnosing you or reading your exam results.

Successful midwife negligence cases are directly linked to compensation that fully covers any expenses or monetary losses related to medical treatments, medications, special tools or emotional trauma.

When patients can prove that a midwife’s negligence was caused because of a lack of expertise on the midwife’s end, shortages of staff or resources or equipment, or incorrect monitoring and care, the mother may be eligible to receive millions of dollars in compensation.

Choose Sommers Roth & Elmaleh as Your Midwife Malpractice Lawyers

At Sommers Roth & Elmaleh, we specialize in medical malpractice. Our professional team of lawyers has extensive experience in assisting clients that have sustained personal injuries due to cases of medical malpractice from midwives.

With our specialized expertise in medical malpractice claims and lawsuits, we understand how finances play a major role when dealing with cases of personal injuries related to medical malpractice. After all, medical bills can be very costly.

Settlement results can be life-changing for many families. If you believe you have been a victim of midwife negligence and malpractice, don’t hesitate to contact us. We work on a contingency-fee basis and will actively study your case and assist you with your claim in the best way we can.

Midwife malpractice can have severe and irreversible damage to you and your child, and there is no need for you to go through this alone. Reach out to us at 1-844-777-7372 and book a free consultation today. Our experienced medical malpractice lawyers will attend to your needs and ensure you win your case.

Book a consultation today.

Our Notable Midwife Negligence Cases

Cases Win

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.

    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.

    See Our Lawyer's Reviews

    Hilt this Tamrate
    Hilt this Tamrate
    23 May 2023
    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
    Hector Cardenas
    Hector Cardenas
    4 January 2023
    I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.
    10 October 2022
    We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
    Meggie Zhangkrk6hdjybfjt
    Meggie Zhangkrk6hdjybfjt
    6 October 2022
    I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.
    Tony Zhou
    Tony Zhou
    29 September 2022
    I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.
    Dianne Keckes
    Dianne Keckes
    18 July 2022
    I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!
    Ivica J Sokic
    Ivica J Sokic
    6 June 2022
    Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.
    Arden Melnechuk
    Arden Melnechuk
    1 December 2021
    I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
    Megha Sharma
    Megha Sharma
    16 April 2021
    Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
    Nick & Whitney Maraschiello-Basnett
    Nick & Whitney Maraschiello-Basnett
    18 July 2020
    We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.