What causes birth injuries during delivery?

Birth injuries during delivery can happen for a variety of reasons. While childbirth is a natural process, complications can arise that put both the mother and the baby at risk. In some instances, these injuries are the result of unavoidable physical factors. In other cases, they occur because of medical negligence.

Understanding the root cause of a birth injury is a critical first step for families seeking answers. Below is a breakdown of the common causes, separated by natural physical complications and medical mistakes.

Natural and Physical Complications.

Sometimes, the physical conditions of the mother or the baby make delivery difficult. These natural factors include:

  • Large Fetal Size: Also known as macrosomia, a baby that is significantly larger than average can have a difficult time passing through the birth canal, increasing the risk of injury.
  • Abnormal Presentation: If the baby is not in the standard head-first position (for example, a breech presentation where the buttocks or feet are positioned to come out first), the delivery becomes much more complicated.
  • Cephalopelvic Disproportion (CPD): This occurs when the baby’s head or body is too large to fit safely through the mother’s pelvis.
  • Prolonged Labour: A labour that lasts longer than normal can cause extreme stress on the baby, leading to oxygen deprivation or physical trauma.

Medical Negligence and Errors.

Medical professionals are trained to monitor for the complications listed above and take action to prevent harm. When doctors, nurses, or hospital staff fail to meet the standard of care, it can lead to preventable birth injuries. Common examples of medical negligence include:

  • Improper Use of Delivery Instruments: Using tools like forceps or vacuum extractors incorrectly or with too much force can cause severe trauma to the baby’s head, neck, or nerves.
  • Failure to Monitor Fetal Distress: Healthcare providers must closely watch the baby’s heart rate during labour. Failing to recognize and react to signs of fetal distress can result in severe brain injury caused by a lack of oxygen.
  • Delayed Caesarean Section (C-section): When a vaginal delivery becomes too dangerous, an emergency C-section is often required. Waiting too long to perform this surgery can cause permanent harm to the child.
  • Improper Medication Use: Errors in administering drugs to induce or speed up labour, such as giving too much of a medication, can cause excessively strong contractions that cut off the baby's oxygen supply.

Get Help from Gluckstein Lawyers.

If you suspect your child’s injury was caused by a preventable medical mistake, you do not have to navigate this complex process alone. Contact Gluckstein Lawyers today to schedule a free, no-obligation consultation. Our experienced birth injury legal team will help you understand your legal options and work to secure the compensation your family needs for your child's future. 

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FAQs.

What damages can I claim in a birth injury lawsuit?
In an Ontario birth injury lawsuit, you can claim damages to secure your child’s future. Compensation typically covers the vital costs of lifelong care, specialized therapy, and essential medical equipment. At Gluckstein Lawyers, our compassionate Full-Circle Care approach ensures your family is fully supported. Contact us today for a free consultation to discuss your legal options.
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My child was diagnosed with CP. How can a lawyer help?
A cerebral palsy (CP) diagnosis changes your family's life. Gluckstein Lawyers can help by investigating your delivery for medical negligence and explaining your legal rights. We fight to secure the vital financial compensation required for your child’s lifelong care and support. Contact our compassionate birth injury team today for a free consultation to discuss your options.
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How do I find a birth injury lawyer who works on contingency?
If you need a birth injury lawyer who works on a contingency basis, look no further than Gluckstein Lawyers. We believe every family deserves access to justice, so we do not charge any upfront fees. You only pay if your case is successful. Contact our compassionate team today for a free consultation to discuss your legal options.
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Where can I find a birth injury lawyer in Toronto?
If you are looking for a trusted birth injury lawyer in Toronto, Gluckstein Lawyers is here to help. Based near the city centre, our dedicated medical malpractice team provides compassionate, full-circle care for families dealing with severe birth trauma. We offer free consultations to help you understand your legal rights and options moving forward.
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Who is the best birth injury lawyer in Ontario?
While it is hard to name just one "best" lawyer, Gluckstein Lawyers is a trusted leader in Ontario birth injury litigation. We offer expert, compassionate legal representation to families affected by birth trauma. Our devoted team fights hard to secure the compensation necessary to support your child’s lifelong care and honour their future needs.
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Who Can Apply for the Canada Disability Benefit (CDB)?
To be eligible for the Canada Disability Benefit (CDB), the applicant must be between 18-64 years old, be approved for the Disability Tax Credit, and have filed income tax returns in the previous year.
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What other expenses are involved in an LTD claim?

Apart from legal fees, every case requires that the law firm incur certain expenses. Most expenses in an LTD claim are incurred in obtaining necessary information, including medical records, expert assessments, and reports from physicians and other healthcare providers. 

Other expenses will include court filing fees, process serving fees, and mediator fees. At the conclusion of a successful claim, we will seek to recover the above-mentioned expenses, known as ‘disbursements’, from the insurer. You will be responsible for the portion of expenses that are not recoverable from the insurer. Those expenses will be charged against your settlement or judgment. 

If we are unable to recover compensation for you, you will not be charged expenses.

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How much will my LTD claim cost me?

We will make reasonable efforts to resolve your long-term disability claim as quickly and cost-effectively as possible. 

Our team of  lawyers will review your long-term disability insurance policy when handling your LTD claim. We will also check your collective agreement if you are a union member. 

Additionally, we will look at the insurer’s claim file. We will examine the medical evidence and other facts supporting or weakening your long-term disability claim. We will also address the legal issues that need consideration. 

You usually pay fees, and applicable HST on fees, after the LTD claim ends. Whether you are required to pay fees will depend on the outcome of your claim. If you recover compensation through a settlement or judgment, a money fund will exist and legal fees will be payable out of that fund. If we are unable to recover compensation for you, no legal fees will be payable. 

If you are successful with your claim, the insurance company will pay a part of your legal bill as ‘costs’, effectively reducing the amount of fees that you owe to our firm. 

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What happens if I delay disputing an insurance company’s denial of long-term disability benefits?

If you wait too long to challenge an insurance company’s denial of your long-term disability benefits, you could lose your right to sue the insurer. This is one reason, among many, why it is essential to contact a lawyer immediately following a denial or termination of benefits.

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Can a long-term disability insurance company make me see a doctor they choose for a medical assessment?

Before a lawsuit starts, an insurance company is usually entitled, by the terms of the policy, to request reasonable medical examinations in order to substantiate or refute a claim of disability. 

However, this right has limits. You can ask for help in traveling for an assessment. This includes transportation, meal costs, and overnight hotel stays. 

Even after a lawsuit begins, the insurance company can set up medical assessments. The Rules of Civil Procedure, which dictate how lawsuits are to be conducted, allow specifically for this. 

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