Legal Advice for Midwife Negligence
Compensation for your family's future is our why
You chose to be followed by a midwife because you wanted a natural, homey and unmedicalized birth experience. Perhaps a friend had a positive midwife experience and you wanted that for you and your baby. Whatever the reason, you made that choice expecting professional, competent care. You also expected to be referred to the medical profession if your situation warranted it.
You didn’t expect your dream to become a nightmare.
Legate Injury Lawyers is here to help. If you wonder if your pregnancy, labour, or delivery assisted by a midwife may have been negligently managed, call us. You may be entitled to compensation to help you and your child secure a better future. Focus on recovery. Let us handle the rest.
You didn’t expect your dream to become a nightmare.
Legate Injury Lawyers is here to help. If you wonder if your pregnancy, labour, or delivery assisted by a midwife may have been negligently managed, call us. You may be entitled to compensation to help you and your child secure a better future. Focus on recovery. Let us handle the rest.
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What to Do After Midwife Negligence
In the unfortunate event of midwife negligence, follow these steps for a brighter future.
- Prioritize your and your baby’s wellbeing. The most important thing for you to do in the event of midwife negligence is to focus on caring for yourself and your baby. Seek whatever medical assistance you need and do your best to rest.
- Reflect on your interactions with the midwife over the course of your pregnancy. Why do you think the midwife was negligent? Did things turn out differently than promised? Were your concerns or questions responded to or brushed off? Was another health professional involved in your care? Did they suggest something different than the midwife? If so, what?
- Write down everything you can remember. Try to write out a chronological sequence of events by referring to your calendar and messages over time. Include the names of people who may have witnessed key events/conversations.
- Collect and preserve evidence. If you have any photos, videos, texts, emails, or call histories, keep them. These might be the records you need to help determine fault in a legal case.
- Contact a lawyer as soon as possible. Notice may need to be delivered within a short and strict time limit or else you may lose your right to sue. Legate Injury Lawyers is ready to help you navigate your requirement to send notice while we begin building your case. Consultations are free.
What to Do After Midwife Negligence
In the unfortunate event of midwife negligence, follow these steps for a brighter future.
- Prioritize your and your baby’s wellbeing. The most important thing for you to do in the event of midwife negligence is to focus on caring for yourself and your baby. Seek whatever medical assistance you need and do your best to rest.
- Reflect on your interactions with the midwife over the course of your pregnancy. Why do you think the midwife was negligent? Did things turn out differently than promised? Were your concerns or questions responded to or brushed off? Was another health professional involved in your care? Did they suggest something different than the midwife? If so, what?
- Write down everything you can remember. Try to write out a chronological sequence of events by referring to your calendar and messages over time. Include the names of people who may have witnessed key events/conversations.
- Collect and preserve evidence. If you have any photos, videos, texts, emails, or call histories, keep them. These might be the records you need to help determine fault in a legal case.
- Contact a lawyer as soon as possible. Notice may need to be delivered within a short and strict time limit or else you may lose your right to sue. Legate Injury Lawyers is ready to help you navigate your requirement to send notice while we begin building your case. Consultations are free.
What Can I Expect from a Midwife Negligence Lawyer?
Given the emotional gravity and what is at stake, you must have the right law firm on your side. The team at Legate Injury Lawyers has practical experience in medical negligence—and, more specifically, midwife negligence. We are kind, compassionate people who genuinely want to help you and your family.
When Does Midwife Negligence Occur?
Negligence by a midwife may occur at any time, including:
- During the pregnancy
- In the community
- During labour
- During delivery
- After delivery
Common Types of Midwife Negligence Injuries
Midwife negligence can result in many types of injuries to the mother and/or baby. Some common injuries include, but are not limited to:
Injuries to the Baby:
- Cerebral Palsy
- Erb’s palsy
- Kernicterus
- Hypoglycemic brain injury
- Brain damage
- Organ damage
- Perinatal stroke
- Infection and sepsis
- Shoulder dystocia and palsy
- Hypoxic ischemic encephalopathy
- Bilirubin-induced neurologic dysfunction (BIND)
- Spinal cord injury
- Fractures
Injuries to the Mother:
- Lacerations and tears beyond the norm
- Uterine rupture
- Hemorrhage
- Unplanned and unwanted hysterectomy
- Infection
- Injury to organs
- Incontinence
- Eclampsia and stroke
- Epilepsy
- Paralysis
- Cardio-pulmonary disorders
- Congenital deformity
- Hypoglycemia
- Blood disorders
- Visual disturbance
- Mobility disorders
- Developmental disability or delays
- Intellectual disability or delays
- Learning disability or delays
- Speech or language impairment
- Hearing loss
In Canada, if a child does not survive birth, is stillborn, no action can be brought by that child. The child must be born alive. However, if mother suffers during and after the loss of a child, she and her family may be able to sue if there was negligence involved. We will help you decide if this is the route to follow in your case.
Midwife Negligence FAQsAll FAQs
Problems can arise during pregnancy when serious conditions in mother or baby are not diagnosed or properly treated. These may include infection, gestational diabetes, hypertension, genetic, or anatomical abnormalities. Some women and girls are at particular risk due to their age, weight, or other medical conditions.
Injuries can be caused because of the mismanagement of labour and birth, such as failure to properly monitor the baby’s heart rate during labour, overstressing the uterus, failure to consult with an obstetrician when matters exceed their area of competence, using oxytocin when not familiar with its proper use in induction and augmentation, or letting the pregnancy go too long.
Yes. After the delivery, during follow up with you, there may be failure to diagnose or act on signs of infection, hypoglycemia, brain injury, eye deficits, hip dysplasia, motor deficiencies, hearing loss, blood disorders, congenital conditions, or jaundice in your baby.
In Ontario, people have two years from the day they discovered the negligence to bring forward a claim (called the “limitation period”). Generally, if your child was injured in the post-partum period, your child’s two-year limitation period will start running the day they turn 18. There are exceptions. For example, if a litigation guardian is appointed for your child, the limitation period will start running on that date. Also, if your child is found to not have legal capacity when they turn 18, the limitation period will not start. Each case is unique, and Legate Injury Lawyers can help you determine your deadline to start a claim.
Each case is different. Sometimes our lawyers purposefully delay settling your case or going to trial until we have a better idea of your and/or your baby’s prognosis. That way, we have a stronger sense of what financial compensation you and your infant may need—not just today, but also for the 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.
Our Your Team
Advocating for people who’ve experienced midwife negligence is a labour of love for Legate Injury Lawyers. We’ve helped hundreds of families see beyond their current circumstances and secure brighter futures. We have time to listen—whenever you have capacity to talk. For a better tomorrow, we are here for you today.
