Midwives in Ontario are regulated health professionals who carry primary responsibility for the families in their care. That responsibility includes knowing the limits of midwifery practice and consulting or transferring care when a situation moves beyond them.
Midwifery is a regulated profession in every Canadian province and territory. Regulation is provincial rather than federal, so the governing legislation and the regulator depend on where care was provided; the Canadian Midwifery Regulators Council is the national network of those regulators. Registered midwives provide care through pregnancy, labour and birth, and the weeks that follow, in hospitals, birth centres and at home.
Most midwifery care is delivered well, and choosing midwifery care is not itself a risk factor. Claims arise in the same way they do for any regulated professional: where the care provided fell below the accepted standard and that failure caused harm.
The team of lawyers at Diamond and Diamond have experience handling midwifery negligence claims for clients across Canada. Scheduling a consultation is the first step toward understanding your rights and determining the strength of your case.
Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
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Our legal team reviews the midwifery record, monitoring data, and any consultation or transfer documentation to assess whether the accepted standard of care was met.
If we take on your case, we pursue compensation for the harm caused by the care you received.
The distinctive question in many midwifery claims is scope. Midwifery practice covers healthy pregnancies and births within a defined range. When a situation moves outside that range, the expectation is that the midwife consults a physician or transfers care — and claims frequently concern whether that happened and whether it happened soon enough.
The Professional Standards for Midwives published by the College of Midwives of Ontario are a representative example of what regulators expect of registered midwives: assessment, documentation, and the obligation to work within their scope of practice. Every province sets equivalent standards, and those standards inform what the accepted standard of care requires where the care was given.
Beyond scope, claims arise from the same failures that arise in any maternity setting: monitoring not acted upon, deterioration not recognised, a newborn not assessed properly, or a complication managed without the resources the situation required.
Timing and escalation run through most of these claims. A situation that would have been manageable with a timely consultation can become an emergency when the decision to escalate comes late.
Setting matters too. A complication that arises at home or in a birth centre involves a transfer to hospital, and the time that transfer takes is often central to the analysis.
"If you have concerns about midwifery care, request the complete midwifery record, including antenatal visits, labour notes, monitoring data, newborn assessments, and any consultation or transfer documentation. These will greatly assist your legal team in reviewing your case."— Diamond & Diamond Lawyers
The losses in these claims mirror those in other maternity cases. A parent may face lasting physical or psychological injury. Where a baby is affected, particularly by oxygen deprivation, the care required may extend across a lifetime.
Damages are designed to restore plaintiffs to their pre-injury financial positions. Income loss from the date of trial into the future is typically calculated based on previous earnings, employment history, and evidence regarding prospective earnings. Claims may also cover further treatment, therapy and rehabilitation, assistive equipment, home modifications, attendant care, psychological treatment, and out-of-pocket expenses.
Non-financial damages — such as pain and suffering — are more qualitative. Courts evaluate these based on previous case law that attributes a financial value to the impact of the injury or impairment on a person's life. Family members may also have claims of their own for loss of care, guidance, and companionship.
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Midwives are regulated health professionals and are held to the standards of their profession. Where care fell below that standard and injury resulted, you need a legal team with the experience and resources to navigate the complexities of medical malpractice law.
The team of lawyers at Diamond and Diamond have experience handling midwifery negligence claims and will work to protect your family's rights while providing you with clear, honest legal guidance throughout the process. Diamond and Diamond has offices in Ontario, Alberta, British Columbia and Nova Scotia, and the team handles medical malpractice claims for clients across Canada.
Avoid making contact with other parties involved in your case. Your lawyers from Diamond and Diamond should be your main point of contact in any medical malpractice matter. Contact our law firm now to discuss your case.
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The standard of care for a registered midwife is that of a reasonably competent midwife, informed by the professional standards published by the regulator in the province where they practise. A midwife is not measured against an obstetrician, but against what their own profession requires — including recognising when a situation calls for someone else.
Establishing this standard typically requires evidence from qualified midwifery professionals. An experienced personal injury lawyer at Diamond and Diamond can help you navigate this process.
Midwifery practice covers a defined range. Where a pregnancy or labour moves outside it, the expectation is consultation with a physician or a transfer of responsibility for care.
Claims frequently turn on this point: whether the indicators for escalation were present, whether they were recognised, how quickly a consultation or transfer followed, and what the delay cost. Consulting is not a failure of midwifery care — not consulting when it was indicated can be.
Request the complete midwifery record: antenatal visit notes, test results, labour and birth records, monitoring data, newborn assessments, and any documentation of consultation with or transfer to a physician. If care moved to hospital, request the hospital record as well.
Avoid discussing a potential claim with the providers involved in your care. Your next step should be to contact a personal injury lawyer with experience in medical malpractice cases, who can evaluate your situation during a free consultation.
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See All Medical Malpractice FAQsThis page provides general information about Canadian law and is not legal advice. Health care is regulated provincially and territorially, so the legislation, regulators and standards that apply depend on where you were treated. Every situation is different. For advice about your circumstances, speak with a lawyer.
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