Birth Injuries and Medical Malpractice Claims

Every expecting parent wants one thing: a healthy baby. In a few tragic cases however, birth injuries result in serious trauma that can impact mother and child for the rest of their lives. While these are often accidents, there are some situations that arise due to negligence or malpractice by treatment providers or physicians.

What are the responsibilities of medical professionals and obstetricians?

A birth injury is any damage sustained by an infant during the birth process and delivery. Many of these injuries involve oxygen deprivation leading to permanent conditions like cerebral palsy, nerve damage and epilepsy.

Any medical professional that assists during the birth has a responsibility to assess the situation and respond in a manner consistent with their training and knowledge. If the care provided falls below a reasonable standard, and this results in a permanent, serious injury to you or your child, there may be grounds for a legal claim.

Challenges in successfully bringing a birth injury claim

Birth injury claims can be very challenging. The injuries suffered are often very severe, and their impact may be difficult to distinguish from other birth defects, or accidental injuries unrelated to any negligence. Complicated medical evidence is always involved, and must be carefully examined and explained in order to prove your case.

These cases are also complicated by the fact that injuries often develop or change as children grow, and may be delayed by many years until damages have properly crystalised. A final prognosis may be impossible to make until a child has finished growing, and by that time, the memories of witnesses may have faded and evidence may be more difficult to obtain. For all of these reasons, birth injury claims should only be handled by personal injury lawyers that have extensive experience handling negligence claims on behalf of children and minors.

Toronto personal injury specialists for birth injury claims

At Jasmine Daya & Co., we specialize in serious personal injury and medical malpractice claims, including injuries sustained by infants during delivery. We understand the complex nature of birth injuries, and so we work closely with pediatric medical experts to build the best possible case. With decades of bringing successful claims on behalf of our clients, we provide insightful and dedicated advocacy based on experience. We offer free consultations to new clients to discuss their options. Call our office at  416-967-9100 to make an appointment, or contact us online.