Common Barriers to Filing a Birth Injury Lawsuit—and Why You Shouldn’t Delay
When a child suffers a birth injury, pursuing legal action may be the last thing on a parent’s mind. Many families face significant emotional and informational barriers that delay or prevent them from contacting a lawyer. At Weir Bowen LLP, we often speak with parents who wonder if they should have called us sooner.
One of the most common barriers is lack of information. Many parents aren’t told what went wrong during labour or delivery, or they’re assured that “these things happen.” Medical records can be difficult to access and even harder to interpret. On the legal side, many families mistakenly believe they’re out of time to sue or that signing a consent form prevents them from bringing a claim. In reality, children in Alberta can sue up until their 20th birthday, and consent forms do not waive the right to pursue compensation for negligent care.
Emotional barriers can be even more powerful. Parents often struggle with feelings of guilt, even when they had no control over what happened. Many feel torn about pursuing legal action against the medical professionals who also provided life-saving care. Others are simply overwhelmed—juggling therapy appointments, medical treatments, and the daily demands of caring for an injured child.
It’s important for families to know that they are not alone in these feelings. We understand how difficult this process can be, and we approach each case with compassion and respect. An initial conversation with our team requires no commitment and can provide much-needed clarity about whether a claim is worth pursuing.
Families should also understand the financial stakes involved. Caring for a child with a serious birth injury can cost millions of dollars over a lifetime. Compensation from a successful lawsuit can provide critical funding for therapy, care support, medical equipment, and lost income—resources that many families would otherwise struggle to afford.
If you suspect your child’s birth injury may have been preventable, we encourage you to contact us. Even if you’re unsure or hesitant, reaching out sooner allows us to preserve evidence, obtain expert opinions, and protect your child’s legal rights. Taking that first step may feel daunting—but it can make all the difference in securing your child’s future.
Don’t let uncertainty or hesitation keep you from seeking help—reach out to us for a confidential consultation.