Spina Bifida

Spina bifida is a birth defect that can be recognized early and should be addressed promptly; however, due to negligence, spina bifida still often goes undetected, and its presence is not always communicated. This simple negligence can lead to years of suffering, care, and medical expenses. That’s why we’re here.

Spina Bifida Lawyers in Canada

Spina Bifida Lawyer
Spina bifida is part of a group of neural tube birth defects where the nerves of the spinal cord protrude from the back. Types of spina bifida include myelomeningocele and Arnold-Chiari malformation.

Spina bifida can cause permanent loss of bladder or bowel control, paralysis, pain, and cognitive and attention difficulties. It also greatly increases the odds of infant mortality by exposing the nervous system to dangerous infections, such as meningitis.

Spina bifida is simple to recognize early on ultrasound and address promptly, in order to decrease its many life-long medical and other effects. If you believe your hospital, hospital staff, and/or doctors did not take the proper precautions and your child is suffering from spina bifida as a result of their error or negligence, you may have legal options available to you.

At Sommers Roth & Elmaleh in Toronto, our team of medical malpractice lawyers has been helping families affected by medical errors for more than 40 years. Our lawyers are technically proficient and highly knowledgeable about Canada’s medical system. We are highly-regarded and respected as leaders in the field, and have an excellent record of obtaining substantial financial compensation for our clients.

Causes of Spina Bifida

The neural tube is the structure that eventually develops into the baby’s brain, spinal cord, and surrounding tissues. Spina bifida occurs when the neural tube does not fully develop. It is affected by both genetic and environmental factors.

Genetically, spina bifida occurs more often in families with genetic birth defects, particularly trisomy 1B. Genetic screening can help determine risks.

Environmentally, spina bifida can result from various conditions during pregnancy, including:

  • Ingestion of certain medications;
  • Diabetes, including Type 1, Type 2 and gestational diabetes;
  • Obesity; and
  • Folic acid deficiency.

    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.


    What Should the Doctor and Hospital Have Done?

    Unfortunately, there is no known cure for spina bifida. Once a nerve is damaged, it cannot be regenerated. Thankfully, medical science has made life much more manageable for children affected by spina bifida.

    The most important aspect of treating spina bifida is detecting it before birth. Early detection allows doctors to take action immediately to prevent infection and/or further damage to the spine. Some clinics will even perform corrective surgery in-utero that prevents most, and sometimes all, problems and challenges associated with spina bifida.

    Early detection is straightforward: spina bifida presents itself on ultrasounds, so a properly trained ultrasound technician, radiologist or obstetrician should identify it and notify the mother’s doctor. Unfortunately, this does not always occur and spina bifida can either go undetected or its presence may not be communicated until birth. This negligence can lead to years of suffering, and expensive medical care.

    Compensation for Spina Bifida

    If you believe your child’s spina bifida was overlooked before, during, or after birth, you may have grounds for a lawsuit that could allow you to receive compensation to provide financial security for yourself and your family.

    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 other compensation. This includes funds for expenditures such as modifications to an existing home (e.g.: the addition of a residential elevator, modification of bedrooms, bathrooms, and kitchen, widening of doorways to facilitate wheelchair access, and similar), purchase of a new home that is closer to hospital and other medical services, as well as attendant care services such as private nurses or personal support workers that are in addition to those covered by provincial government funding. These are often multi-million dollar expenses.

    For over 40 years, our lawyers have won significant awards for our clients that pay for their child’s care, therapies, equipment, medical supplies, modified housing and transportation, and other expenses

    Respected Leaders in Medical Malpractice Helping Clients Obtain Compensation for Medical Negligence and Medical Errors

    If you believe that your child’s spina bifida was undetected, detected but not properly treated, or that you were not made aware of the risk of taking certain medications while pregnant, contact the compassionate and dedicated medical malpractice lawyers at Sommers Roth & Elmaleh to discuss the legal options available to you and your family. Call us at 1-844-777-7372 or contact us online for a free consultation.

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    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:

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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.