A diagnosis of cerebral palsy can change every aspect of a child's and family's life. While cerebral palsy is not always caused by a medical error, in some cases it results from preventable negligence during pregnancy, labour, delivery, or newborn care.
Bogoroch & Associates LLP represents children and families in Toronto and throughout Ontario in cerebral palsy medical malpractice claims. Our cerebral palsy lawyers in Toronto obtain and review the relevant medical records, thoroughly investigate the care provided, and consult with leading obstetrical, neonatal, pediatric neurology, and other qualified medical experts to determine whether the accepted standard of care was breached and whether that breach caused or contributed to a child's injuries.
We offer free consultations and act on a contingency fee basis. This means you pay no legal fees unless we successfully recover compensation on your behalf.
Why Choose Bogoroch & Associates LLP for a Cerebral Palsy Claim?
Cerebral palsy claims are among the most complex medical malpractice cases. They require a thorough review of the care provided before, during, and after birth, together with expert medical evidence addressing the accepted standard of care, causation, and the child's long-term needs.
For more than 30 years, Bogoroch & Associates LLP has represented children and families in complex medical malpractice litigation. Our newborn brain damage claims lawyers work closely with leading experts in obstetrics, neonatology, pediatric neurology, rehabilitation medicine, life care planning, and other relevant specialties to determine whether negligence caused or contributed to a child's injuries.
The firm has been recognized by Canadian Lawyer as one of Ontario's Top 10 Personal Injury and Medical Malpractice Firms. This recognition reflects the experience, skill, and dedication we bring to every client and every case.
How Our Cerebral Palsy Lawyers in Toronto Can Help
Depending on the circumstances of your case, our lawyers may:
- Obtain and review prenatal, labour and delivery, neonatal, pediatric, and other relevant medical records;
- Consult with leading obstetrical, neonatal, pediatric neurology, neuroradiology, rehabilitation, and other qualified medical experts to determine whether the accepted standard of care was breached and whether that breach caused or contributed to your child's injuries;
- Identify the individuals and healthcare providers who may be legally responsible;
- Retain life care planning, occupational therapy, and economic experts to assess future care needs and the cost of lifelong support;
- Calculate the financial losses and compensation available to your child and family;
- Negotiate a fair resolution through settlement discussions or mediation; and
- Take your case to trial when necessary to pursue the compensation your family deserves.
Cerebral Palsy Birth Injury Claims in Ontario
Cerebral palsy is a group of disorders affecting movement, balance, posture, and muscle control. It results from abnormal brain development or damage to the developing brain.
A diagnosis does not, by itself, prove medical negligence. A legal claim requires evidence that a healthcare provider failed to meet the applicable standard of care, that the failure caused the brain injury, and that the injury resulted in compensable losses.
Where negligence is proven, compensation may be available.
What is Cerebral Palsy?
Cerebral palsy is a group of neurological disorders caused by injury to, or abnormal development of, the developing brain. It primarily affects movement, coordination, posture, balance, and muscle tone.
The effects of cerebral palsy vary significantly from one child to another. Some children experience relatively mild impairments, while others require a wheelchair, communication assistance, feeding support, and lifelong care.
It is important to understand that not every diagnosis of cerebral palsy results from medical negligence. In some cases, the condition develops despite appropriate medical care. Determining whether negligence caused or contributed to a child's injuries requires a careful review of the medical records and independent expert medical opinions.
Medical Negligence That May Cause Cerebral Palsy
Failure to Monitor Fetal Distress: Fetal heart monitoring can show how a baby is tolerating labour. A claim may arise where concerning changes in vitals were not recognized, communicated, or acted upon in time.
Delayed Caesarean Section: An urgent Caesarean section may be required when continuing labour presents a serious risk. A delay in conducting a Caesarean section may be relevant where earlier delivery would have prevented or reduced the injury.
Oxygen Deprivation: A disruption in oxygen or blood flow can injure the developing brain.
Untreated Maternal Infection: Certain infections may place the baby at risk. Negligence may arise if signs were missed or treatment was delayed.
Misuse of Delivery Instruments: A claim may arise if an instrument was used improperly during delivery.
Neonatal Care Failures: After birth, a newborn may require urgent treatment or transfer to intensive care. Delayed or inadequate care can sometimes contribute to brain injury.
Signs, Symptoms, and Long-Term Challenges
Signs may include delayed motor milestones, poor coordination, involuntary movements, difficulty walking, or problems with balance.
Some children also experience speech difficulties, seizures, feeding problems, sensory impairment, learning challenges, or intellectual disability.
Who Can Be Held Liable?
Depending on the available evidence, potential defendants may include:
- Obstetricians or family physicians;
- Nurses and labour-and-delivery staff;
- Midwives;
- Hospitals or birthing centres;
- Neonatologists and neonatal teams; and
- Other providers involved in the child’s care.
More than one person or institution may share responsibility. To identify the correct parties, a thorough review of the medical records is required.
How Do You Prove a Cerebral Palsy Claim?
Proving a cerebral palsy claim requires a detailed review of the medical care provided before, during, and after birth. Important evidence may include prenatal records, ultrasound reports, fetal heart monitoring strips, labour and delivery records, medication administration records, operative reports, laboratory results, neonatal records, and brain imaging.
Independent medical experts are essential to determine whether the healthcare providers met the accepted standard of care and whether any breach caused or contributed to the child's brain injury and resulting cerebral palsy.
In addition, life care planners, rehabilitation specialists, economists, and other experts may be retained to assess the child's future care needs, the cost of lifelong support, and the financial losses resulting from the injury.
Compensation Available
Depending on the circumstances, compensation may include:
- Pain and suffering;
- Medical and rehabilitation expenses;
- Therapy and assistive technology;
- Home and vehicle modifications;
- Attendant care and personal support;
- Education and communication support;
- Future loss of income and earning capacity;
- Housekeeping and family-care needs; and
- Certain losses experienced by close family members.
There is no standard value. Compensation depends on the child’s abilities, prognosis, future needs, and the evidence.
The Cerebral Palsy Claim Process
At Bogoroch & Associates LLP, the process begins with a free consultation. During this meeting, we will learn about your child's medical history, answer your questions, and assess whether the circumstances warrant further investigation.
If further investigation is appropriate, we will obtain and carefully review the relevant prenatal, labour and delivery, neonatal, pediatric, and other medical records. We will also consult with leading experts in obstetrics, neonatology, pediatric neurology, neuroradiology, and other relevant specialties to determine whether the accepted standard of care was breached and whether that breach caused or contributed to your child's injuries.
Where the evidence supports a claim, we will commence a lawsuit on your behalf. The litigation process typically includes the exchange of pleadings, examinations for discovery, mediation, and settlement negotiations. While many cases are resolved before trial, our cerebral palsy lawyers in Toronto are experienced trial advocates and are always prepared to take your case to court when a fair settlement cannot be reached.
Frequently Asked Questions
What causes cerebral palsy during birth?
Cerebral palsy may be associated with abnormal brain development, infection, stroke, prematurity, oxygen deprivation, or other injury to the developing brain. Only some cases are connected to labour or delivery.
Can cerebral palsy be caused by medical negligence?
Yes, in some cases. A claim may exist where substandard prenatal, obstetrical, delivery, or neonatal care caused or contributed to a preventable brain injury.
How do I know if my child’s cerebral palsy was preventable?
The medical records must be reviewed by qualified experts. The diagnosis alone does not prove whether negligence occurred.
Who can be held responsible for a birth injury?
Responsibility may rest with a physician, nurse, midwife, hospital, neonatal team, or more than one provider or institution.
What compensation is available?
Compensation may include pain and suffering, therapy, equipment, attendant care, home modifications, education support, future care, and loss of income or earning capacity.
How long do I have to start a claim in Ontario?
In Ontario, the basic limitation period for commencing a medical malpractice claim is generally two years. However, where the injured person is a child under the age of 18, the limitation period is generally suspended unless certain exceptions apply.
To ensure that the limitation period is protected, it is important to speak with a newborn brain damage claims lawyer as soon as possible. Early legal advice allows important medical records to be preserved, experts to review the care provided while the evidence is fresh, and the applicable limitation periods to be confirmed.
How can a cerebral palsy lawyer in Toronto help?
A lawyer can obtain the records, retain experts, investigate breaches of the standard of care and causation, assess future needs, identify responsible parties, negotiate a settlement, and represent the family at trial.
Speak With a Cerebral Palsy Lawyer Today
A diagnosis of cerebral palsy can leave families searching for answers about what happened and what the future may hold. If you believe your child's condition may have resulted from negligent medical care during pregnancy, labour, delivery, or newborn care, our lawyers can help determine whether a medical malpractice claim should be investigated.
Contact Bogoroch & Associates LLP for a free consultation with one of our cerebral palsy lawyers in Toronto or call 416-599-1700. We represent children and families throughout Ontario and have extensive experience handling complex birth injury and medical malpractice claims.
Our firm acts on a contingency fee basis. This means you pay no legal fees unless we successfully recover compensation on your behalf.
Serving Toronto and Ontario
Our personal injury lawyer and medical malpractice team serves clients in Toronto, Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, the GTA, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, and North Bay.
