Obstetrical Lawsuits in Canada: How Birth Injury Lawyers Can Help

“How did it happen?” is the usual question parents ask when something goes wrong during childbirth. You expected a smooth delivery. Instead, you were met with panic, confusion, and unexpected complications. Now, your child may be living with a serious injury. And, of course, you are left searching for answers.

In Canada, obstetrical lawsuits exist to help families uncover the truth behind birth injury and related complications. Was it a medical mistake? Could it have been prevented? If so, what are your legal options?

This blog explains what a medical malpractice lawsuit is in simple terms. You will also learn when to speak to a birth injury lawyer in Canada and how the right support can help you fight for care and compensation.

What are obstetrical lawsuits?

Obstetrical lawsuits are legal claims pushed forward by parents when a birth injury happens due to medical negligence. In simple terms, it means something went wrong during pregnancy, labour, or delivery, and a doctor, nurse, or health institution may be at fault.

These injuries are very serious, and some last a lifetime. For instance, a baby may develop cerebral palsy (CP) if their brain did not get enough oxygen during birth. This is called a hypoxic event.

As well, an infant may suffer brachial plexus injuries. This damages the shoulder and arm. It can also affect movement, strength, and even independence later in life.

When these injuries could have been prevented, a medical malpractice lawsuit stands as the only pathway to justice. It holds physicians accountable and helps families recover financially. This includes therapy, care, and future needs.

A birth injury lawyer in Canada can carefully guide you through this process. The truth matters, and so does your child’s future.

When does a birth injury become grounds for a lawsuit?

Most parents do not understand the intricacies of the human body, surgery, or the medical world in general. This makes it hard to initially tell which birth injury is caused by negligence and which isn’t.

Sometimes, complications happen when doctors do everything right. Other times, however, the harm could have been prevented. Obstetrical lawsuits exist to address cases like this. So, how can you tell the difference?

• Look for signs of poor medical care. Was there a delay in responding to your concerns?

• Were signs of fetal distress, like an abnormal heart rate, ignored?

• Did your healthcare team fail to act quickly when labour was not progressing?

These are red flags, but so is failing to monitor high-risk pregnancies closely. If you felt rushed, dismissed, or kept in the dark during labour, trust your instinct. Something may have gone wrong behind the scenes.

Challenges Parents Face After a Birth Injury

The moment that you learn your baby has suffered a birth injury, your world changes. Nothing prepares you for the shock, fear, and heartbreak.

There is always a new wave of emotions, such as guilt, confusion, and even anger. On top of that, there is financial stress. Long-term care is not cheap. It is associated with therapy and special equipment; these are all costly.

Some children might also need it. That means years of doctor visits, treatment plans, and difficult choices, all while parents are still trying to understand what went wrong. Many families don’t know where to begin. The medical terms are overwhelming. The system feels cold, and the silence from the hospital is worse.

In cases of preventable harm, obstetrical lawsuits can change everything. While they cannot erase the pain, they do provide answers, support, and security.

Why You Need a Birth Injury Lawyer in Canada

Birth injury cases are not like other legal cases. They are complicated because they involve two things at once: medicine and law. This is exactly why you need a birth injury lawyer in Canada.

These lawyers understand Canada’s laws and how childbirth works. They know what doctors and nurses are supposed to do before, during, and after delivery. When something goes wrong, they know how to find out if it was truly an accident or a case of negligence.

What evidence matters most?

Evidence is everything when it comes to obstetrical lawsuits. A strong case needs more than just a personal account; it needs solid, detailed proof.

• First, medical records are important. These records show what happened during pregnancy, labour, and delivery. They include doctor’s notes, test results, and vital signs. Even small details can matter.

• Next is the timeline. What happened and when? A clear timeline helps show if doctors acted too late or failed to act at all.

• Expert opinions also matter. A qualified medical expert can explain what should have been done differently. Their insights are powerful and capable of turning a confusing situation into a clear case of negligence.

• Hospital policy is another vital piece. Every hospital has rules for handling risky pregnancies and emergencies. If those rules were not followed, it could prove negligence.

• Aftercare is critical. Short notes on how your baby was treated after birth can reveal important clues that strengthen the case.

A birth injury lawyer in Canada can put all this together. They know what to look for to build strong obstetrical lawsuits and get the deserved justice and compensation.

Time Limits (Statute of Limitations in Ontario)

In Ontario, parents have a limited time to file obstetrical lawsuits. The clock begins to tick two years after the child turns 18 years old. This means the injured person has until their 20th birthday to begin a medical malpractice lawsuit.

However, there are a few important exceptions:

• If the child is still unable to manage their legal affairs due to disability, the limitation period can be paused until capacity is regained.

• Also, if a guardian is appointed, the two-year period can start earlier, even when the child is still a minor.

• There is also a “discovery rule,” which applies when parents discover the birth injury, and not necessarily when the limitation period begins.

Nevertheless, time is of the essence. Waiting too long can close the door on a medical malpractice lawsuit. Therefore, speaking with a birth injury lawyer in Canada early on is crucial. It protects your rights.

What to Expect in the Legal Process

The journey starts with an initial consultation. A birth injury lawyer in Canada listens to your story. They will review records and ask questions. If your case looks strong, they can begin an investigation. A statement of claim follows. This stands as your official legal action. Experts will then review what happened.

It is important to note that many obstetrical lawsuits settle during negotiations. However, some go to trial, and that is okay. You will not go through it alone.

Our Birth Injury Lawyers Are Proven, Trusted, and Compassionate

Sommers Roth & Elmaleh is one of the leading birth injury legal firms in Ontario. With over 40 years of experience, our proven, trusted, and compassionate lawyers understand the deep emotional weight that obstetrical lawsuits carry.

We read files and uncover the truth. Our investigative skill exposes what others may try to hide. We understand both medicine and law. We also prepare every medical malpractice lawsuit for trial because your child’s future is worth fighting for. You are not alone. Our goal is your financial security—the result could be life-changing!

Call Sommers Roth & Elmaleh today at 1-844-940-2386, or contact us online. We will listen, create an evidence-based case, and fight for the justice your family deserves.