What is considered a birth injury in Ontario?

April 13, 2026

Welcoming a new baby should be a joyful experience, but sometimes unexpected complications arise. In Ontario, a birth injury involves physical harm or brain damage sustained by a baby just before, during, or immediately after delivery, often due to preventable medical errors. Unlike birth defects, which develop in the womb due to genetics or environmental factors, birth injuries are typically linked to issues that occur during the birthing process. Understanding what happened to your child is the first step toward getting the help your family needs.

Birth Injuries vs. Birth Defects.

It’s important to understand the key difference between a birth defect and a birth injury. Birth defects develop while the baby is still in the womb and are usually caused by genetic or environmental factors. In contrast, birth injuries occur just before, during, or immediately after delivery, and are frequently the result of preventable medical errors during childbirth.

Birth Defects: These are conditions that develop while the baby is still growing in the womb. They usually happen due to genetics or environmental factors.
Birth Injuries: These happen specifically during the birthing process. They are often preventable and can result from medical negligence, such as a doctor failing to monitor the baby's oxygen levels or misusing delivery tools.

Common Types of Preventable Birth Injuries.

Birth injuries in Ontario can range from mild, temporary conditions to severe, lifelong disabilities that require ongoing care. Many of the most common birth injuries are linked to preventable medical negligence during childbirth. These include:

Hypoxic-Ischemic Encephalopathy (HIE)
Cerebral Palsy
Brachial Plexus Injuries

Understanding these injuries and their causes is vital for families seeking answers and support.

Oxygen Deprivation and Brain Damage.

HIE (Hypoxic-Ischemic Encephalopathy): This severe condition occurs when a baby’s brain does not get enough oxygen or blood flow during delivery.
Cerebral Palsy: Often caused by brain damage or a lack of oxygen during birth, this group of disorders affects a child's muscle tone, movement, and posture.

Physical Trauma.

Erb's Palsy: This happens when nerves in the baby's neck and shoulder stretch or tear during a difficult delivery, often causing weakness or paralysis in the arm.

Raising a child with a birth injury brings unexpected emotional and financial challenges. If you suspect that substandard medical care caused your baby's condition, we are here to support you. Contact Gluckstein Lawyers today to schedule a free, confidential consultation and explore your family's legal options for securing the help your child needs for the future. We take on birth injury cases at no upfront cost to your family.

What is considered a birth injury in Ontario?

Birth Injuries vs. Birth Defects.

Common Types of Preventable Birth Injuries.

Oxygen Deprivation and Brain Damage.

Physical Trauma.

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FAQs.