Birth Injuries
Birth Injuries in Canada
What Parents Should Know Giving birth to a new life should be a happy moment. But, for some Canadian families, giving birth could mean unwarranted trauma in the guise of birth injury. Though most birth injuries are short-term and not severe, some cause permanent disability, emotional trauma, and huge financial burdens. Knowing the reasons, symptoms, and legal procedure behind birth injuries can assist parents in making informed decisions about their child's life.
What is a Birth Injury?
A birth injury is physical harm or injury that a newborn experiences prior to, during, or after birth. Birth injuries may be caused by natural complications, but sometimes are the result of medical errors—such as surgical errors by physicians, nurses, or hospital personnel.
Types of birth injuries:
Cerebral palsy
A neurologic condition that results in muscle tone and movement disorder, typically because of a lack of oxygen.
Brachial plexus injury
Damage to the nerve causing disruption of the hand and arm movement, sometimes because of undue application of force in delivery.
Skull fracture or intracranial hemorrhage
Caused because of application of forceps in a hard manner or unsuitably.
Hypoxic-Ischemic Encephalopathy (HIE):
Severe brain injury due to lack of oxygen at birth.
There are about 40 to 50 claims of birth injuries in Canada each year, and 25% of them succeed, a true testament to how serious and complex such cases are.
Early Indications of a Birth Injury
Early identification of a birth injury is important so that your child receives the proper treatment and care in time. Some signs appear immediately, but others appear months or even years later. Warning signs in early stages are:
- A stiff or floppy body (lack of normal muscle tone)
- Difficulty sucking, feeding, or swallowing
- Seizures, tremors, or abnormal eye movements
- An arched back when crying, which is one sign of nerve damage
- One arm that does not move or is limp
- Delayed milestones of development such as not rolling over, crawling, or sitting at the age that it was expected
if any of these signs are observed, a pediatrician or specialist should be consulted.
Causes of Birth Injuries in Canada
Delayed C-section
When the medical team delays an emergency C-section, the baby gets deprived of oxygen.
Misuse of equipment
Misuse of vacuum extractors or forceps results in head injury, nerve damage, or fracture.
Failure to monitor fetal distress
Failure to observe or misreading a fetal heart monitor can have catastrophic consequences. Undiagnosed infection: Not diagnosing and treating infection in the mother may make delivery more difficult.
Medication mistakes
Administering the wrong drug or wrong dose during delivery can harm both mother and child. When physicians fail to follow usual medical procedure, and because of this cause harm, it is malpractice or negligence.
Your Legal Rights
Can You Sue for a Birth Injury in Canada?
Yes. Parents can sue for a birth injury in Canada when it is possible to show that medical negligence directly caused injury to the child.
Compensation might include
- Medical expenses, current and future
- Therapy and rehabilitation
- Special education or care expenses
- Loss of income (if parents are required to leave work)
- Pain and suffering
Here is how the law works
Initial Consultation – You sit down with a lawyer who specializes in birth injury or medical negligence cases.
Investigation Phase – Your legal team gathers evidence, including medical records and expert reports.
Filing a Lawsuit – A legal claim (Statement of Claim) is made in court. Discovery – Both sides exchange information and question witnesses under oath.
Trial or Settlement – Most cases settle, but others do go to court.
The Supreme Court of Canada capped non-pecuniary damages (e.g., pain and suffering) in 2023 at around $400,000, though other types of economic losses can push the total award higher (Pacific Medical Law).
Why It’s Important to Act Quickly
There’s a varying limit period to sue for a birth injury in every Canadian province and territory. There are some provinces where you just have 2 years from when the injury came to light, and others where you have up to the child’s 18th birthday. Delaying action could cause the right to claim to lapse.
Resources & Support for Families Besides legal aid
Families of birth injury may be entitled to:
Medical Aid: Pediatricians, neurologists, and therapists (speech, occupational, and physical).
Government Aid: Disability aids, respite care, and home care services.
Charity and Support Services: Cerebral Palsy Canada, Easter Seals, and family support groups in the local area provide resources, advocacy, and peer support.
Legal Aid or Pro Bono: Some law firms offer free consultation or contingency-fee services.