Birth Injury Lawyer Toronto | Diamond and Diamond Lawyers

Do you believe that your child has sustained preventable birth injuries? Birth injury cases have devastating consequences for the family members but a birth injury malpractice claim or a birth injury lawsuit filed by an experienced attorney can help you to recover compensation that may be necessary to pay for your child’s medical care going forward.

Hiring a Birth Injury Lawyer in Toronto

The birth injury law firm you’ll select will have an important impact on the outcome of the case and you deserve to have a birth attorney injury like those at Diamond & Diamond who care about the outcome for you and your family. Birth injury cases can significantly damper how the family is able to move on with their life and may lead to lifelong medical care and medical expenses for a child, who never should have been injured in the first place.

The celebration of bringing a new child into your home can be significantly affected by a birth injury. A birth injury or pediatric injury refers to any damage that happens during the birthing process, when blood flow or oxygen have been restricted due to forces such as birthing medical devices like vacuums or forceps.

Protecting the Rights of Children and Parents

There are many different causes including delayed caesarean sections, breached delivery, and fetal distress; many of which could have been avoided with appropriate medical care. Proper monitoring and skilled clinical staff in conjunction with planning can help to minimize the chances of the birth injury, but when a birth injury has already occurred and has negatively affected your child, you deserve to have the experience provided by a dedicated lawyer.

Some of the most common results of birth injuries in Ontario include; Autism, skull fractures, mental retardation, still births, seizures, bleeding in the brain, collar bone fractures, cerebral palsy, Erb’s palsy, brain swelling, torn facial nerves from forceps and injury to the brain cells form the lack of oxygen.

Read our guide now on how to select your birth injury lawyer.

Get Tips on Choosing a Birth Injury Lawyer

Support for Long-Term Treatment of Serious Conditions

Treatment for your child’s birth injury will depend on the initial injury itself. Birth injuries such as minor lacerations and bruising will often heal quickly without prolonged medical treatments, but the severity of your child’s birth injury could dictate lifelong medical treatments.

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Pro Tip

Make sure you file your birth injury claim not later than two years from the date of the injury or the date of the discovery of the injury.

Committed Legal Support During a Difficult Time

The lawyers at Diamond & Diamond are experienced birth injury attorneys who work hard on behalf of their clients to recover maximum compensation, either in settlement agreements or in litigation. A free no obligation consultation will tell you more about how the law firm operates and whether or not you have grounds to pursue a legal claim.

The discovery of a birth injury may significantly affect your child’s life as well as your own and you deserve to have the resources presented by a dedicated law firm that has been practicing in this field for many years.

While some birth injuries cannot be avoided, far too many result from errors associated with nurses, obstetricians, midwives or any other health care provider.

These families will now be in the position of desperately needing to recover compensation to care for a baby with mental and physical handicaps.

General errors can be made during the pregnancy and delivery process, including inadequate prescreening, pregnancy related hypertension, and misinterpretation of the bio-physical profile on a test.

Mistakes can also be made in the delivery, when the baby’s shoulder gets caught on the pelvic bone, which can lead to a number of different types of injuries, including damage to the brachial plexus, Erb’s palsy and brain damage. Cerebral palsy may develop due to delayed delivery and this is a group of disorders that permanently affects the baby’s muscle coordination or body movement.

Fetal distress or mother distress should be identified early on during the birthing process to give the family the best possible opportunity to avoid injuries to the child as well as the mother.

A birth injury lawyer in Ontario like those working at Diamond & Diamond will spring into action immediately after it has been identified that the child has suffered life threatening injuries or those disabilities that may affect them for many years to come. The support of a lawyer should be a top priority for a family that has sustained a birth injury for the child. The right lawyer can be identified with the help of an initial consultation.

FAQ About Birth Injury

What does a birth injury lawyer do?

Birth injuries can occur from complications in labor and pregnancy. They can also happen from medical negligence by a healthcare provider. A birth injury lawyer reviews your case and files a suit on your behalf for medical negligence.

How long do birth injury cases take?

After the lawsuit has been filed, birth injury cases usually take approximately eighteen months to twenty-four months to reach a settlement.

What can I recover in a birth injury claim?

If successful in your birth injury claim, you can expect to receive compensation and also to be compensated for medication, doctor and hospital visits, occupational therapy and medical treatment.

What is medical malpractice?

When a professional health care provider commits negligence while helping a woman give birth, that is considered medical malpractice. Healthcare professionals whose actions depart from standard practice that result in harm to a patient or patients may be charged with medical malpractice.

Is perinatal insult considered a birth injury?

Perinatal insult is a brain injury that happens immediately before or after a baby’s birth. This is usually because of a lack of blood flow or oxygen to their brain. In most cases, perinatal insult can be considered a birth injury, and you can hold the healthcare worker involved to be liable for the injury.

If a baby has a birth injury, will a lawsuit always be successful?

No. There are cases where the birth defect or injury of your child is unavoidable. You should also consider whether healthcare providers and/ or the pharmaceutical company failed to provide you and your baby enough medical care or medication advice during your pregnancy.

What happens if my wishes are not carried out according to my will?

If your wishes are not carried out according to your will, your executor might be personally liable for any resulting damage. Executors of wills have a legal duty to follow the instructions of a will unless those instructions aren’t legally valid.

What happens if I die without a will?

If you die without a will, you properties must be shared according to certain rules. Only married or civil partners and some other close relatives can inherit under the rules of intestacy.

Can I leave my assets to anyone I like?

Yes, you can leave your assets to anyone you like. You can name any combination of people to receive your entire estate — one person or a group of people (or organizations). After your death, your entire estate will go to the beneficiaries you name, in the shares that you determine.

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Recent Case Results

$1.6 Million

Car Accident

An elderly woman was struck exiting her vehicle resulting in serious leg injuries. Our team was able to obtain a settlement for $1.6 million from the insurance companies.


$1.25 Million

Head on Collision

Our client was involved in a head on collision that broke both of her legs. Our car accident lawyers obtained a $1.25 million settlement from the insurance company.


$1.3 Million

Neck Fracture

A 21-year-old male was injured as a passenger in a motor vehicle accident. As a result he received a fractured neck. Our accident lawyers were able to settle the case prior to trial for $1.3 million.


Free consults and contingency fee arrangements apply to all personal injury cases only and to select wrongful dismissal cases, but do not apply to other types of commercial and civil litigation.

In accordance with Law Society’s requirements, our contingency fees can vary based on the severity of your injuries, but the maximum fee charged will be no more than 33%.

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