Canadian Birth Injury Law Blog

Here on the Canadian Birth Injury Law Blog, BILA members share answers to common questions about birth trauma and the legal issues that can arise from this type of injury. Have a question or topic you would like us to address? Please let us know!


Uterine Contraction Patterns and Risk of Harm

The fetus relies on adequate circulation of blood in the uterus and umbilical cord to provide enough oxygen to maintain fetal well-being during labour. The condition of the fetus is assessed during labour by monitoring the fetal heart rate. There are characteristic patterns of the fetal heart rate reflected on a tracing that indicates good […]

Proving Causation in Medical Malpractice Cases

In order to succeed in a medical malpractice case, the patient must prove, on the balance of probabilities, the following: That the medical practitioner in question (physician, nurse, midwife etc.) owed the plaintiff a duty of care (usually not an issue), A breach of the standard of care required of any reasonably competent practitioner of […]

The Importance of Ultrasound in Pregnancy

Throughout the Western world pregnant patients routinely undergo ultrasound examination (a test that uses high-frequency sound waves to image the developing baby and the mother’s placenta and uterus) during the second trimester of the pregnancy, usually between 18 and 20 weeks, as a check to determine that all things are going as they should. This […]

Biophysical Profile

Biophysical profiles are a form of test used to assess fetal well-being, usually performed during the third trimester. This test was developed by Dr. Frank Manning, an obstetrician who practiced in Winnipeg before moving to New York. It has been in use for approximately 30 years and is a relatively simple, risk free procedure that […]

What Are the Future Needs and Care Costs in a Birth Injury Claim?

As discussed in earlier articles on adaptive equipment, housing and transportation needs, a birth injury lawsuit provides the opportunity to seek financial compensation to address the challenges in caring for a child who has suffered a preventable birth injury. A hypoxic event at birth may result in injuries that require complex care for the balance of the child’s life. […]