Birth Injury

An expectant mother in a hospital bed holding her stomach.

Understanding Birth Injury Claims Involving Midwives

When it comes to childbirth, expectant mothers often have a choice between various birth attendants, including obstetricians and midwives. Midwifery is a longstanding practice that offers personalized care and support during pregnancy and childbirth. However, like any medical assistance, there are risks involved, including the potential for birth injuries. Understanding your rights and the legal recourse available is crucial for navigating these complex situations.

October 14, 2024

Noel v. Hawrylyshyn – Birth Injury Informed Consent Case Dismissed

On August 15, 2024, a birth injury medical malpractice lawsuit was dismissed in the Ontario Superior Court of Justice.

The Plaintiffs alleged birth trauma resulting in neurodevelopmental limitations due to a lack of informed consent with respect to the use of forceps and vacuum to expedite the birth of the child. The Plaintiffs further alleged negligence with respect to the timeliness of a C-section while the fetus was in distress.

August 26, 2024

Hemmings v. Peng – Trial Decision Upheld in $12m Malpractice Case

On April 20, 2009, Sophia Hemmings (“Ms. Hemmings”) suffered a cardiac arrest during a caesarean section (C-section) at Scarborough General Hospital, leading to severe brain injury. Ms. Hemmings, who was 29 years old, was represented in a lawsuit by her mother, sister, daughter, and son. They alleged negligence by several healthcare practitioners, resulting in a $12 million damages award.

July 15, 2024

A.G. v Rivera – No Steroids for Preterm Baby Claim Dismissed

On February 13, 2024, the Supreme Court of British Columbia dismissed a birth injury medical malpractice claim arising from the premature birth of a baby boy who has suffered a variety of medical complications, including short gut syndrome, as a result of his prematurity.

March 13, 2024

Penate v. Martoglio – COA Orders New Trial After Jury Discharged

On March 1, 2024, the Court of Appeal for Ontario ordered a new trial in a birth injury medical malpractice claim that had been dismissed by a trial judge after she discharged a civil jury from their obligation to decide the case.

March 8, 2024

Bendah v Fleming – No Causation for Vegetative Mother Post Birth

On January 29, 2024, the Ontario Superior Court of Justice dismissed a medical malpractice trial on behalf of a young mother who has been left in a permanent vegetative state after suffering a cardiac arrest following the C-section delivery of her baby.

February 6, 2024

Hanson-Tasker v. Ewart – No Causation for Infant Brain Injury

On December 8, 2023, the Court of Appeal for British Columbia dismissed the appeal of a brain injured baby girl (“Kyrcee”) against her family physicians who were found to be negligent in her care in the days after her birth.

December 19, 2023

Lal v. Anderson – Trial by Jury Upheld in Medical Negligence Suit

On October 5, 2023, a motions master of the Supreme Court of British Columbia allowed a lengthy and complex medical malpractice claim to proceed to trial by jury. The Defendants’ motion on the eve of trial to strike the jury was dismissed.

November 23, 2023

Niagara Region news article of Woods trial

$11.5 Million Jury Verdict Against Negligent Doctor

It was exactly four years today, on April 12, 2019, that medical malpractice lawyer Paul Cahill secured a jury verdict of negligence against a community obstetrician, Dr. Allan Jackiewicz for his substandard management of a high-risk twin pregnancy of twin to twin transfusion syndrome (“TTTS”) that tragically resulted in severe cerebral palsy for one of the twins.

April 12, 2023

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Concerned about medical negligence? Talk to Paul directly.

Concerned about medical negligence?
Talk to Paul directly.