Bringing a baby into the world should be one of the happiest moments of your life. But when something goes wrong during labour or delivery, and your child is left with a serious or lasting birth injury or disability, that joy can quickly turn into confusion, fear, and heartbreak – along with countless questions about what happened and why.
You might be trying to make sense of what happened, wondering if it could have been prevented, or if someone made a mistake. These are questions no parent should ever have to ask, but you’re not alone in asking them. And you deserve answers.
This article will help you understand when a birth injury may be considered medical negligence in Alberta, what that means legally, and what steps you can take to protect your child’s future.
Key Takeaways
- A birth injury happens during labour, delivery, or shortly after birth, and is different from a genetic or developmental condition.
- Not every injury means negligence. But if sub-standard medical care caused preventable harm, you may have grounds for a medical malpractice claim.
- Alberta law requires proof that:
- The healthcare provider owed a duty of care.
- They breached the standard of care.
- That breach caused the injury.
- Compensation can help cover lifetime care costs, therapy, and support for your child.
- It’s okay to ask questions, request medical records, and get legal advice – even if you’re not sure what happened.
What Is a Birth Injury? Common Types and Causes
A birth injury refers to physical or neurological harm that happens during labour, delivery, or shortly after birth. It’s different from genetic or developmental conditions, which occur before delivery.
Common examples include physical trauma, such as fractures, bruising, or soft-tissue injuries. Sometimes, these injuries are the result of difficult circumstances even with appropriate care. But sometimes, they’re the result of mistakes or preventable delays, and that’s when the question of negligence arises.
When a Birth Injury Becomes Medical Negligence in Alberta
In Alberta, a medical malpractice claim must show that:
- A duty of care existed – your doctor, nurse, or medical team was responsible for your care.
- The standard of care was breached – meaning a reasonable professional would have acted differently in the same situation that causes injury.
- The breach caused harm – your baby’s injury directly resulted from that failure.
In a birth-injury case, this could mean:
- Delayed response to signs of fetal distress
- Failing to order a timely C-section
- Improper use of delivery tools like forceps or vacuums
- Neglecting to monitor the baby’s oxygen or heart rate during labour
It’s important to remember: not every bad outcome means malpractice. Childbirth can be unpredictable, and sometimes injuries happen even when everyone does acts reasonably. The key question is whether the injury could have been prevented with proper care.
Learn more about medical negligence and malpractice in Alberta.
What Are Some Red Flags to Look For?
Parents often sense when something doesn’t feel right, and your instincts matter. Some situations that may suggest negligence after an injury occurred could include:
- Warning signs of distress that weren’t acted on quickly enough
- Poor or missing documentation in your medical records
- Inconsistent explanations from staff about what happened
- Delays in resuscitation or treatment immediately after birth
- Unusual complications or injuries that weren’t explained
If you’ve experienced any of these, or if you just have lingering doubts, it may help to speak with a medical malpractice lawyer who understands birth-injury claims.
Why Families File Birth Injury Lawsuits in Alberta
For most parents, taking legal action isn’t about blame – it’s about securing the care and support their child needs for the long term. A successful claim can help with:
- Therapy and rehabilitation costs (occupational, physical, or speech therapy).
- Specialized equipment like wheelchairs or mobility aids.
- Home modifications and accessible transportation.
- Financial support if a parent reduces work hours or stops working to provide care, or the potential future of loss of income of that child when they become an adult.
- Clarity and accountability, which can bring a sense of peace and closure.
What the Legal Process Looks Like
An experienced birth injury lawyer in Alberta can help you understand your rights, gather evidence, and navigate the medical negligence claims process while you focus on your family.
- Free consultation – You’ll meet with a lawyer who focuses on medical malpractice or birth-injury cases.
- Collecting records – Your legal team will request all relevant medical documents.
- Expert review – Independent medical experts will assess whether the standard of care was met.
- Building the case – Evidence is gathered, from therapy assessments to long-term care plans.
- Resolution – Many cases settle before trial, but some may go to court if needed.
It’s also important to know there are time limits for filing a claim, so reaching out early ensures you don’t lose your right to take legal action.
What Parents Can Do After a Birth Injury
If you’re still processing everything, that’s okay. It’s a lot to carry. Here are a few steps that can help:
- Write down what you remember. Dates, times, conversations, and symptoms (no detail is too small and remember that these details often fade over time).
- Request medical records. You have a right to access both your and your baby’s hospital charts.
- Reach out for emotional support. Parent groups, counsellors, and online communities can make a huge difference.
- Ask questions, lots of them. It’s okay to advocate for your family and seek second opinions.
Legal Support for Families After a Birth Injury
If your baby has been injured during birth, we know how overwhelming it can feel to balance medical appointments, emotions, and uncertainty. Seeking legal clarity doesn’t mean you’re accusing anyone. It means you’re standing up for your child’s future and getting the answers you deserve.
At Litco Law, we’re here to…
- Listen, support, and help you understand your options.
- Never bill by the hour and always provide free consultations.
- Ensure you don’t pay us anything until your claim is resolved [link].
- Provide an entire team dedicated to your case who will support you every step of the way.
Contact us today to speak with our legal team for free.
FAQ: Birth Injury Lawsuits in Alberta
Can I sue a doctor or hospital for a birth injury?
Yes, if the injury was caused by medical negligence, you may have grounds for a claim. A lawyer can help review your case and determine next steps.
Do I need to pay upfront for a birth injury lawyer?
No. At Litco Law, consultations are free and you don’t pay us anything until your claim is resolved.
