Canadian Birth Injury Lawsuits

The following summaries outline the process and procedure that surround birth injury lawsuits in Canada.

Stages of a Medical Malpractice Lawsuit

Starting the lawsuit Once the decision has been made that there is merit in pursuing a birth injury claim, the court process starts with filing the lawsuit. The court process can be complex and unfamiliar to someone who has never been through it before. It is sometimes referred to as the litigation process. Most people […]

How do I know if my claim is worth pursuing?

If your child has been injured during the course of labour and delivery, and you have concerns with the medical treatment that was provided, it is important that you contact a BILA lawyer as soon as possible. The lawyer will be able to provide you with some preliminary information as to the process of investigating […]

How do the courts calculate compensation in birth injury cases?

The motivation for most parents to pursue a medical malpractice lawsuit following a birth injury is to obtain the financial resources necessary to provide for their child. As children with cerebral palsy grow and develop, it quickly becomes more and more apparent that their needs throughout their lifetime will be significant, and that the public […]

Can I afford to hire a lawyer in a birth trauma case?

The prospect of paying for a lawsuit can be overwhelming or daunting. Generally there are two main arrangements for paying your lawyer and related legal fees. With a Contingency Fee Arrangement (CFA) In many birth injury cases, a contingency fee arrangement (CFA) is appropriate. This means that you will not pay your lawyer for his […]

What is the burden of proof in medical malpractice claims?

It is human nature when something terrible happens to a baby to think that someone should be held responsible. But the most important thing you need to remember in any birth injury claim is that the plaintiff (you) bears the burden of proof. So how much evidence do you need to provide to meet the […]

How does life expectancy affect birth injury claims?

The unfortunate medical reality is that many children who have suffered catastrophic life altering injuries at birth may have a reduced life expectancy as compared to the average otherwise healthy child. As part of any birth injury claim, your lawyer may need to engage an expert or experts to provide an opinion on whether there […]

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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 […]