Obstetric care involves two patients at once, and a complication in one can quickly become an emergency for both. When that care falls below the accepted standard, the consequences reach a parent, a child, or both — and they can last a lifetime.
Obstetrics covers the whole of pregnancy care: the prenatal months, labour and delivery, and the period immediately afterwards. Claims can arise at any point along it, and they are not limited to injuries to the baby. Parents are injured too, and those injuries are frequently overlooked.
Pregnancy carries recognised risks, and not every complication reflects a failure of care. A claim arises where the assessment, monitoring, decision-making, or response fell short of what a reasonably competent practitioner would have provided, and where that failure caused harm.
The team of lawyers at Diamond and Diamond have experience handling obstetrical malpractice 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 your prenatal records, labour and delivery notes, monitoring data, and postpartum 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 obstetric care you received.
During pregnancy, claims involve conditions that develop and are not identified or managed — preeclampsia and other hypertensive disorders, gestational diabetes, infection, placental problems, restricted fetal growth, and pregnancies at higher risk that were managed as though they were routine.
During labour and delivery, claims involve monitoring that was not acted upon, delay in proceeding to a Caesarean section, mismanaged instrumental delivery, shoulder dystocia handled poorly, and medication used to induce or augment labour without adequate monitoring.
Afterwards, claims involve postpartum haemorrhage that was not recognised or controlled, retained placental tissue, infection, severe perineal injury that was missed or repaired inadequately, and failure to recognise a parent's deterioration in the hours and days after birth. National guidance from the Society of Obstetricians and Gynaecologists of Canada informs what the accepted standard requires across much of this ground.
A recurring theme is a warning sign that was recorded but not escalated — a rising blood pressure, a monitoring pattern that deteriorated, blood loss that was under-estimated, a parent repeatedly reporting symptoms that were attributed to normal recovery.
Injuries to the parent are frequently under-recognised in these cases. Severe perineal injury, undiagnosed haemorrhage, and preventable hysterectomy carry lasting physical and psychological consequences and form claims in their own right.
"If you have concerns about your obstetric care, request your complete file — prenatal records, labour and delivery notes, monitoring data, operative notes, and postpartum documentation. These will greatly assist your legal team in reviewing your case."— Diamond & Diamond Lawyers
These claims can involve a parent, a child, or both, and the losses differ accordingly. A parent may face lasting physical injury, an inability to carry another pregnancy, or significant psychological harm. Where a child is affected, 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 corrective surgery and 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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Obstetricians, family physicians providing maternity care, midwives, nurses, anaesthesiologists, and hospitals each have a duty to provide care that meets the accepted standard. When that duty is breached and injury results, 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 obstetrical malpractice claims and will work to protect your 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 foundation of any medical malpractice claim rests on proving that the health care provider fell below the accepted standard of care. In obstetrics, national clinical guidance informs that standard across many situations, though guidance is not a rule book and clinical judgement remains part of the picture.
Establishing the standard typically requires evidence from qualified medical professionals in obstetrics and related fields. An experienced personal injury lawyer at Diamond and Diamond can help you navigate this process.
Obstetric care is unusual in that a clinician manages two patients whose interests are usually aligned but whose clinical needs can diverge. Decisions about timing and mode of delivery frequently involve balancing risks to a parent against risks to a baby.
That balancing is exactly where claims often sit — not in whether a decision was difficult, but in whether the information needed to make it was gathered, whether it was acted on in time, and whether the parent was properly involved in the decision.
Request your complete obstetric file: prenatal records and test results, the labour and delivery record, fetal monitoring data, operative and anaesthetic notes, and all postpartum documentation. Write down your own account of what happened and what you were told.
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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