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

Does Aspirin Use During Pregnancy Increase The Risk of Cerebral Palsy?

According to a study published in the International Journal of Epidemiology, the use of aspirin and acetaminophen during pregnancy has been linked to the potential development of cerebral palsy in unborn children. Researchers based in Denmark’s University of Copenhagen analyzed nearly 190,000 mother-child pairs during this study and found that women who took aspirin at […]

Birth Injury Myths and Facts

Distinguishing the facts from the myths surrounding birth injuries can be an overwhelming and stressful endeavor for current and future parents alike. No parent enjoys thinking about the thought of something happening to their child—or remembering that something has happened to them—but understanding the facts (and your legal options) can be an immense aid […]

Forceps Deliveries Cause Trauma to Mothers and Babies

New Study Shows that 1 in 4 Forceps Deliveries Cause Trauma to Mothers and Babies A recently published study of over two million one-baby deliveries conducted by the Canadian Medical Association Journal has revealed that, between 2004 and 2014, the rate of birth injuries involving forceps delivery has sharply increased from a rate of 19.4 […]

What is the Limitation Period for Your Child’s Claim?

Many parents of children injured at birth are surprised to learn the length of time that they have to start a legal claim on behalf of their child. In most provinces, the limitation period is suspended while the child is a minor, after which a 2-year limitation period typically applies from the date medical treatment […]

Fort Nelson, B.C. Cannot Support Expecting Mothers

Insufficient Staffing Closes Maternity Services A November 28, 2017 memo from Airport Way Medical Clinic announced the permanent discontinuation of Maternity Services in Fort Nelson, British Columbia. The memo stated the reason being is that there is simply not enough staffing support to ensure safe obstetric care. Expecting mothers of Fort Nelson are now unable […]