Few experiences are as devastating as learning that your newborn child has suffered an injury at birth. When a birth injury is caused by medical negligence or errors made during labour and delivery, families may have the right to pursue compensation through a medical malpractice claim. If you are searching for a trusted birth injury lawyer in Ontario, the team at Bogoroch & Associates LLP is here to help you understand your legal options, seek accountability, and recover the compensation you deserve.
Bogoroch & Associates LLP represents families in Toronto and throughout Ontario with compassion, skill, and the trial experience required for complex medical malpractice cases, including birth injury cases. We offer free consultations and act on a contingency fee basis, meaning there are no legal fees unless we recover compensation for you.
At Bogoroch & Associates LLP, we understand that families need answers, accountability, and practical support. Our medical malpractice lawyers have extensive experience handling serious medical malpractice claims, including birth injury cases. We work closely with respected medical experts to investigate what happened, assess the long-term impacts on your child, and pursue the compensation your child may need for therapy, equipment, and lifelong care.
We prepare every case thoroughly and remain ready to advance matters to trial where necessary.
Types of Birth Injury Cases We Handle
Cerebral Palsy
Cerebral palsy is a neurological disorder that can result from brain damage occurring before, during, or shortly after birth. In some cases, cerebral palsy may be linked to medical negligence, including failures to monitor fetal distress, delays in performing a necessary Caesarean section, or inadequate oxygen supply during labour and delivery. These injuries can lead to lifelong challenges affecting movement, coordination, muscle control, and overall development.
Brachial Plexus Injuries
These injuries involve damage to the network of nerves that control movement and sensation in the shoulder, arm and hand. These injuries can occur during difficult deliveries, particularly in cases involving shoulder dystocia or the use of excessive force or traction during childbirth.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE is a serious birth injury caused by a lack of oxygen and blood flow to a baby’s brain around the time of birth. HIE can result from complications such as fetal distress that are not properly managed during labour and delivery. Depending on the severity, HIE may lead to permanent brain damage and long-term developmental, cognitive, and motor impairments.
Skull and Spinal Cord Injuries
Although less common, injuries to the skull or spinal cord arising from the labour and delivery process can result in profound physical impairments and lifelong care needs.
Forceps and Vacuum Delivery Injuries
When delivery instruments such as forceps or a vacuum are used improperly, a baby may suffer nerve damage, fractures, bruising, facial injury, or brain trauma.
Other Neonatal Injuries
We also investigate cases involving neonatal stroke, hypoglycemic brain injury, meconium aspiration syndrome, kernicterus, seizures, and other serious injuries linked to obstetrical negligence.
When Is a Birth Injury Medical Malpractice?
Not all birth injuries are caused by medical malpractice. However, when a healthcare provider falls below the accepted standard of care during pregnancy, labour or delivery, and their failure results in harm to the mother or child, there may be a claim for medical negligence.
Birth injuries may arise from errors such as failing to monitor fetal distress, using delivery instruments improperly, or delaying a necessary Caesarean section. Liability may rest with an obstetrician, family doctor, nurse, midwife, anesthesiologist, birthing centre, or hospital, depending on the facts. These cases commonly turn on expert evidence about what should have been done and whether earlier or different care would likely have prevented the injury.
Stages of a Birth Injury Lawsuit in Ontario
While every case is unique, most birth injury claims in Ontario follow these key stages:
- Initial Consultation and Case Review
We meet with you to discuss the circumstances surrounding your child’s injury, answer your questions, and assess whether the facts support a medical malpractice claim.
- Medical Records Collection and Review
Our team gathers and carefully reviews all relevant medical records and documentation to understand the timeline of care provided and identify potential errors or omissions.
- Expert Medical Opinions
We consult with qualified, independent medical experts who assess whether the applicable standard of care was breached and whether that breach caused your child’s injury.
- Filing a Statement of Claim
If the evidence supports your case, we prepare and file a Statement of Claim with the court to formally commence your medical malpractice lawsuit.
- Discovery Process
Both sides exchange relevant information and conduct examinations under oath, allowing each party to fully understand the evidence, legal positions, and issues in dispute.
- Mediation and Settlement Negotiations
Many cases resolve through mediation or settlement discussions, where we negotiate with the defendants to seek fair compensation without the need for trial.
- Trial (If Necessary)
If a reasonable settlement cannot be reached, we are fully prepared to present your case before a judge or jury and strongly advocate on your behalf.
- Settlement and Compensation
Whether your case resolves through settlement or trial, we work diligently to secure the compensation you deserve.
The Role of Medical Experts in Birth Injury Claims
Medical experts are central to cases involving birth injuries. For example, obstetricians may address labour and delivery management, neonatologists may assess newborn care, pediatric neurologists may explain the nature and timing of brain injuries, and life care planners may project the future cost of care. The opinions of qualified experts help to establish both liability and damages.
Compensation in Birth Injury Lawsuits
Depending on the case, compensation may include damages for pain and suffering, future care costs, medical and rehabilitation expenses, loss of future income or earning capacity, home and vehicle modifications, assistive equipment, and compensation for family members who provide care or suffer related losses. In catastrophic birth injury cases, the damages can be substantial because a child’s need for care, treatment and support may continue throughout their lifetime.
Why Choose Bogoroch & Associates LLP for Birth Injury Claims
Bogoroch & Associates LLP brings 30+ years of experience in medical malpractice litigation, access to highly qualified experts, and the ability to build and advance complex claims involving catastrophic injuries. Our highly regarded medical malpractice lawyers and personal injury lawyers represent families across Ontario and beyond, provide direct and practical advice, and prepare every case with trial in mind. Our firm acts on a contingency fee basis, so you pay no legal fees unless we recover compensation for you. If you are looking for a birth injury lawyer with experience in serious medical negligence litigation, our team is ready to help.
FAQs
How do I sue for a birth injury in Ontario?
The process usually begins with a consultation, obtaining medical records, and expert review. If the expert evidence supports the claim, a lawsuit can be started against the responsible parties. An experienced medical malpractice lawyer can guide your family through each stage.
How long do birth injury lawsuits take?
Although every case is different, birth injury cases are complex and often take several years to investigate, litigate, and resolve, particularly where multiple experts are required, and where the damages are significant. A medical malpractice lawyer can help you understand the likely timeline for your specific case.
What is the limitation period in Ontario?
Limitation periods in Ontario can be complicated in birth injury cases involving minors. In many cases, special rules apply, and timing can depend on whether a litigation guardian has been appointed. Families should seek legal advice as soon as possible.
Speak to a Compassionate Birth Injury Lawyer Right Away
If your child suffered a serious injury during pregnancy, labour, delivery, or the newborn period, contact Bogoroch & Associates LLP online to schedule your free consultation or call 1-866-599-1700. We serve clients across Ontario and throughout Canada, and we handle birth injury claims on a contingency fee basis. Our team will listen carefully, explain your options, and help you understand whether your family may have a claim.
Serving Clients Across Toronto and Ontario: We proudly represent families throughout Ontario, including Toronto, Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, GTA, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, North Bay, and beyond.
