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Toronto Birth Injury Malpractice Lawyers



If you choose our Toronto based lawyers to represent you in your birth injury claim, we will ensure that they provide committed and vigorous representation on your behalf. You will be dealing with experienced birth injury lawyers from your very first contact with us and they will take care of your compensation claim in a comprehensive, helpful, sympathetic and professional manner. They will respect your confidentiality at all times and will explain legal issues in Ontario clearly and without jargon. Your calls will be answered promptly and faxes, e-mails and letters will, where possible be dealt with on the same day as they are received. You will receive a complete professional service from Toronto lawyers who specialize in claiming compensation for birth injury caused as a result of a medical malpractice. Your child deserves the best so don't settle for less. If you would like free advice without obligation from a Toronto lawyer with a track record of many years successful claims settlements then just call the helpline or complete the contact form or email our Toronto offices and a lawyer will telephone you at the first possible opportunity.


Medical complications during labour and delivery can cause a wide variety of problems for a newborn baby. Birth injury is most often associated with induced or operative delivery rather than spontaneous delivery. The main causes which may result in legal action being taken by Toronto birth injury lawyers are oxygen deprivation and mechanical trauma, which can occur when the baby assumes an unusual position at the time of birth or when the baby is too large to pass through the birth canal easily.

Clinical Negligence?

If your child has been injured you need to establish whether or not the problem was caused by medical malpractice. Our specialist Toronto based birth injury lawyers will assist in protecting your child’s legal rights to compensation. Our medical malpractice lawyers have a track record of successful verdicts and settlements and will ensure that your child gets a fair deal. If you would like free advice then just use the helpline or complete the contact form or email our Toronto offices and an experienced birth injury lawyer will telephone to discuss your claim at no cost and with no obligation

Birth Injuries

Numerous injuries are caused as a result of medical malpractice by doctors or hospitals during delivery. Damage can occur if excessive force is applied during delivery or there is a delay in performing a necessary caesarean section delivery, or if the delivery team fails to properly anticipate the size of a baby. In cases of medical malpractice, birth injury lawyers can take legal action for a wide range of injuries including :-

Neonatal Conditions

In addition to birth injuries caused during labour and delivery there is a class of medical problems known as neonatal conditions that occur or become obvious shortly after delivery, which may be caused or exacerbated by medical malpractice. Settlements obtained by birth injury lawyers are typically substantial for these debilitating conditions which include :-

  • Hip Dysplasia
    is a dislocation of the leg from the pelvis. All infants should be the subject of regular and careful examination of the hips from birth until the child is walking normally. Delay in diagnosis makes treatment more complicated and often involves repeated hospitalization, major surgery and a less than satisfactory end result.
  • Neonatal Hypoglycemia
    is a medical condition involving reduced levels of glucose in an infants blood stream which can cause damage to the brain. High risk babies include infants of insulin dependent mothers, infants with growth retardation, pre-term and asphyxiated infants. Doctors often do not recognize that a child is suffering from this condition and as a result do not take appropriate action to prevent brain damage.
  • Kernicterus and Hyperbilirubinemia
    are very rare conditions however they can cause severe brain damage resulting in cerebral palsy. The symptoms of kernicterus and hyperbilirubinemia should be recognized by physicians who should take timely and appropriate action.

Complications of labour

Our specialist birth injury attorneys operate throughout the United States dealing with injuries resulting from complications during labour and delivery most frequently occurring during an infants transit through the birth canal. Injury may occur if the birth canal is too small, if the baby is too large or if the infant is an abnormal position immediately prior to delivery. The main cause of injury to a child relates to induced or operative births as opposed to natural vaginal birth. Birth injuries may range from mild to severe and from temporary to long term, however it should be noted that statistically most birth injuries are not caused as a result of medical malpractice however representation by birth injury attorneys may be prudent if there is any suspicion of negligent practice. The most frequent injuries include :-

  • Brachial Plexus Injuries
    Erbs palsy and Klumpke's palsy occur when the brachial plexus, which is a network of nerves that passes from the spine, across the shoulders to the tips of the fingers, is damaged, usually by trauma during a difficult birth.
  • Brain Damage
    can result from oxygen deprivation and may result in seizure, cerebral palsy or mental impairment.
  • Forceps Marks
    are usually temporary bruising however forceps may cause permanent scarring or depressed skull fractures which may require surgical treatment.
  • Bruising
    on the face or head as a result of passing though the birth canal is usually temporary however vacuum extraction can cause severe bruising and/or scalp laceration.
  • Caput Succedaneum
    is a severe swelling of the scalp caused by vacuum extraction which disappears within a few days.
  • Subconjunctival Hemorrhage
    which is minor bleeding in the eye may be caused as a result of a traumatic birth and usually disappears within ten days.
  • Facial Paralysis
    often caused by the use of forceps during childbirth which may temporarily or permanently damage facial nerves which may need surgical repair.
  • Cephalohematoma
    is bleeding between a bone and its fibrous covering on the baby's head and usually resolves without intervention.
  • Fractures
    sometimes occur most often to the collar bone as a result of shoulder dystosia.

Risk Factors

A specialist Toronto birth injury attorney will consider all of the circumstances of the birth after detailed perusal of the medical records and in particular will be looking for evidence of medical errors which may support a malpractice action. There are well established risk factors and a failure to recognize them and act appropriately may lead to a finding of negligence. Factors which predispose a child to this type of injury include:

  • failure to estimate the baby's weight before delivery
  • failure to perform a caesarean section
  • failure to diagnose and treat maternal diabetes
  • failure to inform of the risks in vaginal delivery of a large baby
  • failure to follow established methods to manage shoulder dystocia
  • applying unnecessary and excessive force during the delivery
  • failure to respond to maternal bleeding
  • failure to respond to fetal distress
  • failing to observe or respond to umbilical cord entrapment
  • misuse of forceps or a vacuum extractor during delivery

Medical Malpractice Lawyers

The medical profession which includes doctors, nurses and hospital technicians usually provides a caring service with a high standard of excellence for their patients however there are occasions when things go wrong. If your child has been injured as a result of a failure by the medical profession then you may be entitled to financial compensation for medical malpractice. Most families simply don't have the resources to cover all the expenses and provide for the child victim over his or her lifetime. That’s where we come in to help your child receive the compensation they deserve. Our service is completely free and our Toronto birth injury lawyers will deal with your case using a contingency fee arrangement. If your child doesn't succeed in receiving a settlement then your lawyer won't get paid.