Toronto Birth Injury Lawyerfor cerebral palsy, HIE, and obstetrical malpractice claims

Every birth injury lawyer in Ontario understands that the core legal issue in every birth injury claim is whether the medical professional, hospital, or medical team departed from the accepted standard of care, and whether that departure directly caused the child’s injuries. Proving this in complex obstetrical malpractice cases requires both legal skill and rigorous medical evidence.

The standard of care in Ontario birth injury cases is determined by asking what a reasonably competent obstetrician, midwife, or nurse would have done in the same circumstances. When a medical professional falls below this standard, their negligence gives rise to a malpractice claim against the responsible hospital, physician, or medical team.

Common forms of medical negligence during childbirth that give rise to birth injury claims include:

• Failure to recognize or respond to signs of fetal distress on electronic fetal heart rate monitoring strips, one of the most common causes of HIE and cerebral palsy caused by medical negligence
• Failure to perform or delayed performance of an emergency C-section when fetal monitoring indicates a baby is in distress
• Improper use of forceps or vacuum extraction devices, a recognized form of obstetrical malpractice when applied with excessive force or in inappropriate clinical circumstances
• Failure to diagnose and treat Group B Streptococcus (GBS), preeclampsia, or other maternal conditions that can cause catastrophic injury to the newborn during labour or shortly after birth
• Failure to monitor maternal vital signs and respond to hemorrhage or infection
• Errors in medication management during labour, including improper use of Pitocin or other labour-inducing agents