Pre-Natal Testing Errors

The health and well-being of a developing baby is critical. Unfortunately, despite pre-natal testing, medical errors or oversights can and do occur, causing harm to the unborn child. Parents of a child born with a genetic defect or abnormality due to medical negligence need to know they have grounds to bring a claim.

Prenatal Lawyers in Canada

Prenatal Lawsuit
Expectant parents rely on doctors to monitor the well-being of their developing baby. They trust their OB-GYN and other doctors to keep them apprised about the health of their unborn child and to identify any potential risks, conditions, or abnormalities. However, medical errors or oversights by doctors, hospitals, or testing laboratories sometimes occur and such risks are not always identified.

The parents of a child who was born with a congenital (genetic) defect or disability as a result of negligence on the part of a medical professional (typically a doctor) can bring what is known as a “wrongful birth” claim. Generally, these claims involve a situation where a fetus has a disability or birth defect while still in utero, and a medical professional fails to diagnose the condition, or fails to inform the parents of any potential risks of carrying the baby to term.

Wrongful birth is a separate cause of action than obstetric malpractice, which involves negligence or errors made during labour and delivery.

Wrongful birth actions can be extremely emotional and technically challenging, and involve complex issues of both law and medicine. These cases represent a very specific subset of medical malpractice claims best undertaken by lawyers with relevant experience in handling such matters. At Sommers Roth & Elmaleh, our team of skilled and dedicated medical malpractice lawyers have a track record of successfully representing parents in wrongful birth claims, and have compassionately guided and assisted families whose children are affected by medical errors.

Pre-Natal Medical Errors

At Sommers Roth & Elmaleh we focus on assisting families whose children have been affected by medical error. It is important to know that a wrongful birth claim can be brought many years after the birth of your child, however every claim is subject to certain important time limits. If you believe you have a claim against a hospital or against a doctor, nurse or other medical professional, contact Sommers Roth & Elmaleh as soon as possible to inquire about and preserve your rights.

We regularly represent families affected by:

  • Brain Injury
  • Cerebral palsy, Klumpke’s Palsy, Erb’s Palsy
  • Spina bifida
  • Shoulder Dystocia/Brachial Plexus Injury
  • Hypoxic-ischemic encephalopathy (HIE), including partial prolonged HIE, sudden profound HIE, acute near-total HIE, perinatal HIE, intrapartum HIE,
  • Neonatal encephalopathy
  • Microcephaly
  • Cephalohematoma
  • Cord blood gases
  • Cord base deficit
  • Acute renal failure
  • Acute liver failure

We can help you understand your options, will guide you through this emotional process, and help you plan for the future of your child and your family.

    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.


    Damages in Pre-Natal Medical Error Cases

    If you believe that you have been affected by hospital error, you may be eligible to receive compensation to provide financial security for yourself and your family going forward.

    Parents of a child who was born with a congenital or genetic defect or disability as a result of a misdiagnosis, or failure to diagnose may be eligible for compensation, including general damages (money awarded in recognition of the stress and anxiety of raising a child with disability).

    In addition to damages that may be awarded to victims and families in recognition of the injuries suffered, families may also be eligible to receive compensation for the costs incurred for caring for their injured or disabled child.

    This includes funds for:

    • Home Accessibility Modifications such as residential elevators, widened doorways, customized bathrooms, therapy pools, and others;
    • Attendant Care Services such as private nurses (RN/RPN), Personal Support Workers (PSW), Disability Support Workers (DSW), or Rehabilitation Support Worker (RSW), that may not be covered by provincial government funding (ie: Community Care Access Centre [CCAC]);

    The highly experienced medical malpractice lawyers at Sommers Roth & Elmaleh can walk you through the process of filing a wrongful birth claim, and help you understand what types of damages you may be able to obtain.

    Contact the Medical Malpractice Lawyers at Sommers Roth & Elmaleh if Your Child was Born with a Defect or Disability Resulting from Pre-Natal Medical Error or Failure to Diagnose

    If your child was born with a genetic or congenital defect or disability that should have been identified prior to their birth, you may have grounds for legal action. Contact Sommers Roth & Elmaleh to speak with one of our knowledgeable, compassionate medical malpractice lawyers. We have significant experience assisting families in this situation, and can help you understand your options, fight for your rights, and protect your family going forward. Call us at 1-844-777-7372 or contact us online for a free consultation.

    Our Notable Prenatal Cases

    Cases Win

    Practice Areas

    The dedicated, driven, and experienced medical malpractice lawyers at Sommers Roth & Elmaleh regularly assist clients and families with a wide variety of medical malpractice claims, including:

    Accreditations

    Best Lawyers Award Badge
    Lexpert Ranked Lawyer
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      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
      Trustindex verifies that the original source of the review is Google.
      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
      Trustindex verifies that the original source of the review is Google.
      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.
      JERRY ZHOU
      JERRY ZHOU
      10 October 2022
      Trustindex verifies that the original source of the review is Google.
      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
      Trustindex verifies that the original source of the review is Google.
      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
      Trustindex verifies that the original source of the review is Google.
      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
      Trustindex verifies that the original source of the review is Google.
      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
      Trustindex verifies that the original source of the review is Google.
      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
      Trustindex verifies that the original source of the review is Google.
      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
      Trustindex verifies that the original source of the review is Google.
      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
      Trustindex verifies that the original source of the review is Google.
      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.