Category: Causation

Fetal Size and Growth

by Joseph Miller
February 09, 2018

Main Takeaways: In certain pregnancies, such as premature or preterm babies, the size and growth of the fetus matters. Obstetricians use their experience, the fundal height of the mother, and an ultrasound to determine the fetal size. A term pregnancy of at least 37 weeks or more has an average weight of 6 pounds 6 […]

Proving causation on the basis of an adverse inference: Benhaim v. St-Germain

by John McKiggan
August 04, 2017

In the realm of birth injury lawsuits, one of the most important, and at times, most difficult issues for a plaintiff to establish is the legal element known as causation. In order to succeed with a birth injury claim, not only must the plaintiff prove that the doctors or nurses fell below the standard of […]

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Canadian Birth Injury Law Blog

HIE: The First Year

Hypoxic Ischemic Encephalopathy (HIE) is a type of birth injury that happens when a newborn’s brain doesn’t receive enough oxygen due to decreased blood flow. The consequences of HIE depends on the severity of the diagnosis. Mild HIE cases can result in little or no long term impact. A diagnosis of moderate HIE can mean […]

Alberta to Begin Screening Newborns for Four New Conditions

Alberta Health Services officially introduced the screening for four new metabolic health conditions for every newborn child starting in late May, and the impact of these new tests were almost immediate felt through the diagnosis of a baby boy with Severe Combined Immunodeficiency (SCID) in early July. The boy’s name is Hudson Cowie, and he […]

Activities for Children with Disabilities in Canada

A non-profit organization known as ParticipACTION conducted a survey in 2018 based on the physical activity of Canada’s youth and the overall grade Canadian students received was a D+. The report card grade is a call to action for all young Canadians to get moving, and for the very first time, this report draws attention […]

DD v Wong Estate, 2019 ABQB 171

On March 11, 2019 the Honourable Mr. Justice W.N. Renke released his decision in DD v Wong Estate, 2019 ABQB 171. Weir Bowen lawyers Joseph Miller Q.C., Shelagh McGregor, and Ian Miller represented the Plaintiff LL, a growth-restricted infant who was born with a catastrophic brain injury. Damages were agreed upon prior to trial and the […]

Information about Birth Injury Childcare

Children who endure birth injuries will often have an array of disabilities that will last over the course of their lifetime. These disabilities may include cerebral palsy, in which a child has physical and cognitive disabilities therapy, treatment and lifelong care. Some birth injuries will only affect one specific area, for instance a mental impairment or […]