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ARTICLE · 21 DECEMBER 2022

My Child Suffered An Injury At Birth, Can I Start A Lawsuit?

Siskinds LLP
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While the birth of a new child can be a joyous time, it can also be difficult, particularly if the child suffers an injury at birth during labour or delivery. In addition to adjusting to the new roles...

CanadaLitigation, Mediation & Arbitration
Kimberly N. Knight
Kimberly N. Knight
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While the birth of a new child can be a joyous time, it can also be difficult, particularly if the child suffers an injury at birth during labour or delivery. In addition to adjusting to the new roles of parents and caregivers of an injured child, the question of whether the birth injury was preventable can add additional stress to this already challenging time.

What is a birth injury?

A birth injury is trauma sustained at or around the time of birth, usually during labour or delivery. These injuries can lead to brain damage or other permanent impairments that may affect the child for their entire life. Examples of birth injuries include;

  • Hypoxic Ischemic Encephalopathy ("HIE"),

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