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What Is Obstetrical Malpractice? How to Recognize Preventable Birth Injuries

When families welcome a new baby, they place great trust in the medical team overseeing the pregnancy, labour, and delivery. While most outcomes are positive, some children suffer serious, preventable injuries due to mistakes made by doctors, nurses, or other care providers. These cases are known as obstetrical malpractice—a complex and emotionally charged area of medical negligence law.

Obstetrical malpractice occurs when substandard care during pregnancy, labour, or delivery causes injury to a child. These injuries can include brain injuries from oxygen deprivation (hypoxia). Such injuries may result in lifelong challenges, including cerebral palsy, cognitive impairments, or physical disabilities.

Unfortunately, many parents are unaware that these injuries may have been preventable. They may be told “these things happen” or struggle to access critical medical records. In reality, expert review of the records is often required to determine whether proper monitoring and timely intervention could have prevented harm.

At Weir Bowen LLP, we work closely with medical experts to identify when a child’s injury was caused by a failure to meet the expected standard of care. Our team also helps families navigate legal questions—such as whether they are still within the time limits to bring a claim and what compensation they may be entitled to for future care needs.

We know it can be overwhelming for families to consider pursuing legal action while managing their child’s complex care. Our lawyers provide a supportive, trauma-informed approach, handling the investigation and legal process so parents can focus on their child. We also work on a contingency fee basis, meaning families pay no legal fees unless we obtain a settlement or judgment.

If you suspect your child may have suffered a preventable birth injury, we encourage you to reach out. An initial consultation can help answer your questions and determine whether an investigation is warranted—sometimes it’s the first step toward securing critical resources for your child’s future.

If you believe your child may have suffered a preventable birth injury, contact us today to discuss your options.

Posted on June 16, 2025

The contents of this post are for general information only, and should not be construed as legal advice.
INDIGENOUS LAND ACKNOWLEDGEMENT

The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

Weir Bowen acknowledges the many First Nations, Métis and Inuit who have lived in and cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude to those whose territory we reside on or are visiting.