Filing A Lawsuit For Birth Injuries To A Mother - Diamond and Diamond Lawyers

Filing A Lawsuit For Birth Injuries To A Mother

The doctors and hospital staff who attend birth have a uniquely intense responsibility. They are responsible for helping mothers bring new life into the world.

Unfortunately, despite holding such an important and trusted position, these doctors and staff occasionally make mistakes or fail in their duties.

In some circumstances, this can result in serious injuries to the infant or the mother involved in the birth.

If you or a loved one was injured due to the actions or negligence of hospital staff while giving birth, you may be entitled to compensation and have grounds to file a birth related medical malpractice suit.

What You Need To File A Birth Related Malpractice Suit

In order to have grounds for a birth-related medical malpractice lawsuit, you will need evidence that the actions or negligence of the doctors or hospital staff caused an injury to the mother during birth.

This might include medical records, witness testimony, photographic evidence, or any other form of admissible evidence.

Some of the most common injuries related to malpractice when giving birth include:

  • C-Section Mistakes: Errors during a C-Section can result in excessive scarring, infections, and extended pain.
  • Anaesthesia Mistakes: Improperly anaesthesia administration or monitoring can result in brain damage and possible death.
  • Preeclampsia: Before and during the birth, the doctor must keep a close watch on the mother’s blood pressure to look for signs of preeclampsia, a form of hypertension induced by birth which can result in seizures during labor if not treated.


Not all injuries sustained during birth are physical. If the mother is suffering from emotional trauma after the birth due to the actions or negligence of doctors or hospital staff, this may be grounds for a malpractice lawsuit.

Other than evidence, you will also want a good accounting of any expenses which resulted from the incident. Should you succeed in the lawsuit, the hospital or doctor’s practice may be liable for expenses including:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Counseling expenses
  • Physical therapy expenses


How Long Do I Have To File My Claim?

Under Canada’s statute of limitations, you have two years after becoming aware of the injury to file a lawsuit.

In many cases, the date the injury occurred is considered the date which a reasonable person should become aware of the injury and two years after this date is the end of eligibility for filing a lawsuit.

However, if it has been more than two years since the injury occurred, you are able to file and argue to convince the courts of why you did not become aware of the injury until a later date.

How To File A Birth Injury To Mother Claim

The most essential tool in your legal arsenal is a qualified and experienced attorney.

Don’t go it alone. Get in touch with our expert legal team to get the representation you deserve and the compensation you’re owed.

We’ll make the process as painless as possible. Want to connect? Get in touch today!

Initial consultations are completely free. Come pick our brains for legal knowledge. It’s free!


Do birth injuries to a mother apply to physical injuries only?

Emotional trauma and mental health issues arising after a birth where there was negligence may be grounds for a malpractice claim. This is the case, even if there was no long-term physical damage. But whether this is possible or not depends on many different factors. Birth injury claims are complex, especially ones of this nature. As a result, it is sensible to hire a lawyer that has plenty of experience of dealing with those types of cases.

Can damages cover for psychiatric treatment brought on by birth injuries to a mother?

The damages a mother can claim for in a birth injury case can include the cost of psychiatric treatment. This falls into the category of medical bills and in 2017 the Supreme Court of Canada ruled that mental injuries should be treated in the same way physical injuries are. However, recovering the cost of psychiatric treatment is still not easy. So, you really should hire a lawyer to help you to prepare your case and submit your claim.

Two years have passed since the birth injury, can I still sue?

In some circumstances, you can still sue for a birth injury even after two years have passed. The statute of limitations says you have two years from the date you become aware of the injury. In most cases, that will be on the date of the birth or very soon afterwards. Generally speaking, the more time has elapsed the harder it will be for your lawyer to persuade the court that your injury was due to something that happened during the birth.

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