Birth Related Injuries: An Unexpected Reality. A Hopeful Future.
Compensation for your family's future is our why
The devastation, confusion, and fear that follows an unexpected birth injury raises many questions. How did this happen? Did something go wrong that could have been avoided? How will my baby get the care they need? Where will the money for special needs come from? There is hope.
You and your baby may be entitled to compensation to help secure a better future. Legate Injury Lawyers have helped many families cope with the realities of birth injuries—and we hope to help you too.
You and your baby may be entitled to compensation to help secure a better future. Legate Injury Lawyers have helped many families cope with the realities of birth injuries—and we hope to help you too.
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What to Do After a Birth Injury
In the unfortunate event of a birth injury, follow these steps for a brighter future.
- Focus on the wellbeing of yourself and your baby. Birth is a major life event, even when there are no complications. You need to be well to parent well. That is why recovery should be your top priority. Rest to regain strength so you can enjoy and care for your new baby.
- Collect and preserve information. A pregnancy journal or app can help you recall specifics. Alternatively, check your calendar and jot down notes about your pregnancy, labour, and delivery process in chronological order. Write down what happened, who provided care, who was with you, what was said to you, and what you noticed being done (or not done). Make note if any medical professionals involved seemed “off” (e.g., angry, overworked, uninvolved, complaining, distracted, etc.) Save any records from the obstetrician, midwife, or hospital. If you do not have these records, our birth injury lawyers can work with you to obtain them. Keep track of all related expenses (hospital parking, health care trips, hotels, meals, special foods, extra diapers, equipment purchases, time off work, etc.) Compile text messages, emails, photos and videos, social media posts, and receipts to establish a documented timeline.
- Contact a lawyer. The full extent of a baby’s injuries is often not known for months or even years. Since the legal system is complicated and time intensive, it takes experience to know how to properly develop your claim. Calling a birth injury lawyer sooner than later can help strengthen your case and ease your worries while you and your baby recover. Consultations are free.
What to Do After a Birth Injury
In the unfortunate event of a birth injury, follow these steps for a brighter future.
- Focus on the wellbeing of yourself and your baby. Birth is a major life event, even when there are no complications. You need to be well to parent well. That is why recovery should be your top priority. Rest to regain strength so you can enjoy and care for your new baby.
- Collect and preserve information. A pregnancy journal or app can help you recall specifics. Alternatively, check your calendar and jot down notes about your pregnancy, labour, and delivery process in chronological order. Write down what happened, who provided care, who was with you, what was said to you, and what you noticed being done (or not done). Make note if any medical professionals involved seemed “off” (e.g., angry, overworked, uninvolved, complaining, distracted, etc.) Save any records from the obstetrician, midwife, or hospital. If you do not have these records, our birth injury lawyers can work with you to obtain them. Keep track of all related expenses (hospital parking, health care trips, hotels, meals, special foods, extra diapers, equipment purchases, time off work, etc.) Compile text messages, emails, photos and videos, social media posts, and receipts to establish a documented timeline.
- Contact a lawyer. The full extent of a baby’s injuries is often not known for months or even years. Since the legal system is complicated and time intensive, it takes experience to know how to properly develop your claim. Calling a birth injury lawyer sooner than later can help strengthen your case and ease your worries while you and your baby recover. Consultations are free.
What Can I Expect from a Birth Injury Lawyer?
A birth related injury puts families on an emotional roller coaster. With so many unknowns, Legate Injury Lawyers attempts to make the legal process as transparent as possible. We are kind, compassionate people who genuinely want to help you and your baby. Here’s what you can expect when working with us.
Common Causes of Birth Injuries
Trauma to an infant can occur at any stage of a pregnancy, during labour, and/or after birth. Sometimes the baby’s size, delivery date, and/or the position of the baby can cause birth injuries. Other times, it is the result of medical negligence or poor communication between doctors, midwives, obstetricians, and/or OB-RN teams. Many risk factors are known and can be addressed before injuries occur.
- Errors in managing the pregnancy, labour, and/or delivery
- Dismissing concerns of the patient or other professionals
- Improperly monitoring contractions and labour progression
- Rotating the baby from an abnormal position (breech or “sunny side up”)
- Delayed delivery (failure to perform a C-section in a timely manner)
- Shoulder dystocia (baby gets stuck in the birth canal)
- Prolonged labour and ruptured membranes (Cephalopelvic disproportion)
- Premature delivery (babies born before 37 weeks or even earlier)
- Poor oxygenation that goes unnoticed
- Inappropriate use of forceps or vacuum
- Midwives not recognizing danger signs or not referring a patient to a physician or hospital
- Not ordering appropriate/standardized tests
- Misreading test results
- Failure to monitor by auscultation (listening to the baby’s heart) or electronic fetal monitor
- Hospitals that are ill-equipped to handle pregnancies and newborns
- Subpar or malfunctioning medical equipment
- Untrained/unaccredited staff
- Large babies (weighing over ~4,000 grams)
Typical Symptoms of Birth Injuries
Birth trauma can occur to both mothers and babies. Sometimes this is immediately obvious, while other times symptoms take time to appear. Common symptoms of birth injuries include, but are not limited to:
- Need for resuscitation
- Jaundice
- Abrasions and bruises to baby’s head, face, or shoulders
- Skull fractures
- Swelling and bleeding
- Rapid breathing or breathlessness
- Low heart rate
- Torn nerves in the brachial plexus
- Facial paralysis
- Infection causing brain injury
- Lack of muscle tone
- Weak reflexes
- Vision or hearing problems
- Learning or comprehension difficulties
- Stiffness in joints
- Inability to control leg or arm movement
- Extreme irritability or fussiness
- Arched back while crying
- Difficulty feeding or swallowing
- Vomiting
- Excessive drooling
- Seizures or tremors
- Delayed speech or lack of speech
- Inability to sit or stand on their own
- Difficulties crawling or walking
- Lack of coordination or motor skills
- Speech or language impairments
Birth Injury FAQsAll FAQs
Legate Injury Lawyers work on a contingency fee basis. If we don’t succeed, you do not pay. The amount of the contingency fee will be a percentage of the total compensation we recover for your family. Please refer to our section on contingency fees for more information.
Each case is different. Sometimes our lawyers purposefully delay settling your case or going to trial until we have a better idea of your baby’s prognosis. That way, we have a stronger sense of what financial compensation your baby may need—not just today, but also for their future. Other times, we try to get the case “set down for trial” to expedite the legal process. So much depends on the unique circumstances of your case. Contact us for a free consultation.
It depends. No lawyer on earth can tell you exactly how much compensation your family will receive. If someone gives a precise number in your initial meeting, find another lawyer as this may be indicative of mistrust. Compensation will depend on the strength of your case evidence, liability (whether there was malpractice or negligence), the severity of the injuries, and the impact and longevity of the injuries. A proper legal investigation is needed to know all the facts.
If we agree to proceed beyond an initial investigation in your case, we usually enter into a contingency fee agreement that governs how we are paid. Most individuals cannot afford to pay upfront for a lawsuit. Contingency fee agreements facilitate access to justice by allowing you to compensate us for our time by paying a percentage of the amount you recover at the end of the case. The percentage fee is decided upon based on the risks in your particular case, the amount of resources we will spend to properly prepare your case, and other factors that we will discuss together.nnThe Law Society of Ontario requires firms to publish the maximum contingency fee they charge to ensure the public can make informed decisions. Unless a court orders otherwise, our fee will not be more than 35% of your damages and costs. Your fee may be lower. Fees will always be discussed and agreed upon in advance to ensure there are no surprises.
Our Your Team
Your loved one's health, security and future is our why. Advocating for people who've experienced injuries is a labour of love for Legate Injury Lawyers. We've helped hundreds of families see beyond their current circumstances and secure brighter futures.
Linda Ye
Associate Lawyer
Amanda Enwright
Associate Lawyer