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Preszler Injury Lawyers

Birth Injury Lawyer Toronto

If your child has suffered a birth injury, such as cerebral palsy or brain damage, your mind is likely racing with questions: How will I pay for my child’s long-term care? What caused this to happen? Was my child the victim of medical malpractice, and if so, how do I hold the doctor or hospital liable for the costs?

Birth injury cases are among the most complex areas of medical malpractice law, but you’re not alone in this fight. Skilled Toronto birth injury lawyers understand the financial, emotional and physical ramifications for a family of a birth injury caused by medical negligence. Our catastrophic injury lawyers may be able to work with you and your family to pursue injury compensation to address associated costs.

What is a Birth Injury?

A birth injury refers to any harm or damage sustained by a baby during the childbirth process. This can encompass a wide range of physical or cognitive impairments. Understanding what constitutes a birth injury is crucial for families seeking justice or compensation through a birth injury claim and lawyers. It’s essential to differentiate these injuries from congenital disabilities, which are conditions that develop before birth.

Birth injuries can significantly affect a child’s life, leading to conditions like brain injury or cognitive impairment. These injuries may occur due to various factors during pregnancy or delivery, including complications in caesarean section or issues with blood flow to the baby. Obstetrical malpractice is a critical factor in many birth injury cases, where a medical malpractice lawyer can provide invaluable assistance.

For many families, understanding the legal options available in the aftermath of a child’s birth injury is paramount. Seeking the guidance of a skilled birth injury lawyer or a birth trauma lawyer can help in navigating the complex process of filing a birth injury claim. These legal professionals focus their practices on cases where medical malpractice has caused significant injuries to the newborn.

Medical malpractice lawyers play a crucial role in proving negligence or failure to provide the standard of care expected during childbirth. They help in establishing the link between the medical professional’s actions (or inactions) and the injuries suffered by the baby. This is vital for families looking to cover medical expenses and legal fees associated with the injury.

In the case of severe birth injuries such as uterine rupture or other injuries that could have been prevented, the pursuit of compensation becomes even more critical. This compensation for the family is not only for immediate medical care but also for long-term support if the child has suffered disabilities or impairments.

Types of Birth Injuries

Birth injuries can vary significantly in severity and type. Some common ones that may occur include cerebral palsy, which is often linked to brain damage caused by oxygen deprivation, Erb’s palsy, resulting from nerve damage around the shoulder, and skull fractures or brain injuries. Birth injuries like hypoxic-ischemic encephalopathy (HIE) can have devastating consequences, potentially leading to permanent disabilities.

Common Causes of Birth Injuries

Many factors can contribute to birth injuries. These include prolonged or difficult labour and delivery, medical malpractice, such as failure to monitor fetal heart monitoring strips adequately, and common errors during childbirth like improperly handled cesarean sections. Obstetrical malpractice is a significant concern, where medical professionals may fail to recognize or appropriately respond to fetal distress.

How to Prove Medical Negligence in a Birth Injury Case

Proving medical negligence in birth injury cases requires demonstrating that medical professionals deviated from standard care practices, resulting in injuries. Essential evidence includes relevant medical records, labour and delivery records, and expert testimony from medical experts. Witness interviews can also provide crucial insights into the medical care received.

What to Expect in a Birth Injury Lawsuit

In a birth injury lawsuit, families can seek compensation for medical expenses, ongoing care costs, and other damages. The process typically involves gathering medical records, obtaining expert medical legal opinion, filing a lawsuit, and possibly going to trial. It’s essential to have a litigation guardian if the child is a minor.

How to Choose a Birth Injury Lawyer

For a family, selecting the right birth injury lawyer is critical. Look for injury lawyers with in-depth knowledge of medical malpractice cases and experience in birth injury cases specifically. Toronto birth injury lawyers, for example, should have a proven track record in handling similar cases in the area. An initial consultation can help assess their expertise and approach to handling your personal injury claim.



If you have any questions and would like to schedule a call with our birth injury lawyers for a FREE no-obligation consultation, contact us now. During this call, you can ask any questions as it relates to your accident and/or claim, and we’ll discuss your options and possible outcomes.

Regardless of where you’re located in Ontario – we may be able to help you. Don’t delay – call us. Our lines are open 24/7.


Birth injuries can occur before, during or just after delivery. Some conditions that may be attributed to birth injury and trauma include:

  • Cerebral palsy
  • Shoulder dystocia
  • Skull injuries
  • Brachial plexus (including Erb’s palsy and Klumpke’s palsy)
  • Cephalohematoma
  • Caput succedaneum
  • Hypoxia
  • Jaundice
  • Facial paralysis
  • Fractures

Call 1-888-608-2111 for available options or BOOK A CONSULTATION


A number of factors may contribute to birth injury and trauma. Some of these — such as premature labor or a baby’s large size — are difficult to anticipate or control.

Other factors are caused by doctor or hospital negligence, including when the baby doesn’t receive enough oxygen during delivery or a necessary Cesarean section is delayed. While some babies experience minor injuries resulting from the use of assistive birthing devices (like vacuum extractors or forceps), improper use could lead to more serious injuries for which the doctor could be liable.

Our Toronto birth injury lawyers will investigate the details of your case to help determine what caused your child’s injury. This means:

  • Obtaining and analyzing medical and hospital records
  • Conducting witness interviews
  • Constructing a timeline of events

Our birth injury lawyers consult with medical experts when necessary to better understand what led to your child’s birth trauma and injury.

There may be a number of parties who are liable for your child’s injury:

  • The obstetrician
  • Obstetric nurses
  • Delivery room staff
  • Hospital staff
  • Pharmacist (in the event an incorrect prescription drug was given during pregnancy)
  • The doctor(s) who provided pre-natal care (particularly relevant when he or she failed to provide adequate preventative care or to reasonably anticipate a problem with the developing fetus)

Parents of an injured child should obtain the legal counsel of lawyers specializing in medical malpractice. There is a great deal of complexity involved in establishing the causation necessary to link any injury or harm that the child has suffered to any kind of medical malpractice during a child’s gestation or the delivery process.


Sometimes, a cognitive difficulty that a parent may feel is attributable to some sort of medical negligence or malpractice on the part of a doctor may just be a normal part of that child’s development. But on the other hand, sometimes symptoms of harm from an injury sustained during pregnancy may not emerge fully until much later in the child’s life.

Because the limitation period does not begin to run until the child reaches the age of majority, there may be up to 18 years to figure out exactly how the harm or injury is going to manifest itself in the child’s life — not just while they are a minor but also over the course of the child’s adult life.

A Toronto birth injury lawyer will typically want to act only when there is complete information available, which may take time in terms of the child undergoing various testing and evaluation to try to understand what harms that child has sustained that may have been caused by medical malpractice. Contact Preszler Injury Lawyers today to get started with a free consultation.


We are here 24/7 to address your injury case. You can speak with birth injury lawyers to request a consultation.

Call us now at

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

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