What to Do After a Suspected Birth Injury: A Legal Guide for Parents

It is unsettling for parents to realize that their baby may have been harmed during birth. Amid the confusion, questions about the child’s health, medical care, and the future ahead become urgent.

However, did you know that a birth injury lawyer stands as the best route to uncover the truth and attain justice? This guide helps parents in Ontario take steady steps after a suspected birth injury. It breaks down what to do, how to document concerns, and when to seek medical and legal support.

When Something Feels Wrong: Trusting Parental Instinct

Parents know their babies better than anyone. Even when doctors say everything looks normal, you can feel something isn’t right. Maybe your baby struggles to feed. It could be that their breathing seems uneven or too quiet. The arms or legs may feel stiff or weak. These signs indicate that your child needs a closer look right away.

Birth trauma can appear in many forms. Some injuries heal over time. Others, like brain damage, may leave lasting effects. Trusting your instincts is not panic; it is protection.

In some hospitals, concerns may be brushed aside to avoid attention or blame. This is why you must stay alert. Ask questions and request written updates. It is important to ensure that every symptom or change is noted in your baby’s medical chart. Records like these can be helpful evidence if medical negligence is involved.

Understanding HIE and Other Hidden Birth Injuries

A common belief spreading fast on the internet is that birth injuries are always obvious right away. This is false. Some show up hours or even days later.

One of the most serious examples is Hypoxic-ischemic encephalopathy (HIE). It is a type of injury caused when a baby’s brain is deprived of oxygen. HIE can happen during or shortly after delivery.

The brain needs a steady oxygen supply. When that flow stops, brain cells begin to die. This can lead to seizures, learning difficulties, and developmental delays. For intense cases, lasting conditions like cerebral palsy (CP) become the result.

HIE is complex because it is not easy to recognize. A baby may seem unusually quiet, struggle to feed, or have unstable body temperature. Some may appear fine at first, only to show delayed responses later.

During labour, medical teams must closely track the baby’s heart rate and oxygen levels. If they fail to act quickly by delaying an emergency C-section or misreading fetal distress, the baby can suffer permanent harm.

Start Gathering Evidence From Day One

The first few days after birth are not easy. You are fully focused on your baby’s health. However, if you suspect something went wrong, gather information immediately. Hospitals rarely provide details unless you ask.

Request every document related to your baby’s birth and care. Test results, delivery notes, fetal monitoring records, nurse reports, and discharge summaries must be among them. These records show how labour progressed, who made decisions, and when actions were taken. Make sure your requests are in writing. Keep copies of every form and letter.

Additionally, write down what you remember. Fix in names, times, and what each person said or did. Keep a small notebook or use your phone to record details as they happen. If you notice swelling, bruising, or unusual limb movements in your child, take photos or short videos.

Save everything linked to your baby’s treatment, such as receipts, prescriptions, therapy costs, and travel expenses. Digital medical charts can be charged or updated later, so early copies matter.

This collection of evidence gives your birth injury lawyer a clear timeline. It helps them trace decisions, identify mistakes, and link the evidence to the medical negligence that may have caused harm.

Getting an Independent Medical Review

Most parents stop asking questions once the hospital provides explanations. In many cases, though, this isn’t the full picture. Getting an independent medical review can make all the difference.

Ask for a second opinion from an external paediatric neurologist, neonatologist, or radiologist. These specialists can go through delivery notes, oxygen readings, brain scans, and blood test results. They look for signs of birth trauma, including oxygen loss or HIE.

Independent experts don’t have hospital loyalties; their job is to find the truth. Reports from these professionals carry significant weight in medical negligence cases because they help show whether care fell below standards or whether mistakes caused harm.

A birth injury lawyer can help you connect with trusted specialists who provide unbiased reviews. This isn’t about building a case; it is about understanding your child’s medical needs and planning proper treatment for the years ahead.

Knowing Your Legal Rights as a Parent

Parents have more legal rights than they often realize. You have the right to full transparency about what happened during delivery. You also have the right to see every part of your baby’s medical records. Test results and nursing notes are included. No hospital in Ontario or across Canada can legally keep that information from you.

If you suspect medical negligence, you also have the right to seek legal counsel. Parents can file a civil claim to recover costs related to therapy, long-term care, loss of income, or emotional suffering.

The sooner a family speaks with a birth injury lawyer, the sooner the truth is uncovered. Early action helps preserve evidence that may fade or disappear with time. The law isn’t only about compensation, however; it is about accountability. Taking legal steps in birth trauma cases helps families protect others from facing the same pain.

How Our Expert Birth Injury Lawyer Can Help Your Family

All parents deserve answers when something goes wrong during birth. At Sommers Roth & Elmaleh, we stand with families across Ontario who are searching for truth and hope after HIE or other serious birth injuries.

Each birth injury lawyer at our firm understands both the medical and legal sides of these cases. We review fetal monitoring records, delivery notes, and response times to uncover what happened. Our team also works with reliable medical specialists to find the exact cause of the injury and determine if medical negligence was involved.

Sommers Roth & Elmaleh’s goal is to protect your child’s future. When you are ready to move forward, call 1‑844‑940‑2386 or reach out here for a free consultation with a compassionate birth injury lawyer. Our purpose is to find the answers and peace your family deserves.