Midwife Negligence: When and How to Sue for Birth Injuries

A mother in labour trusts her midwife to always make the right call, which includes noticing signs of distress and acting swiftly to ensure a safe delivery. Unfortunately, tragedy can occur in seconds when a heartbeat slows and warning signs are missed.

A newborn struggling for oxygen, a mother falling into life-threatening complications: these are not just medical emergencies; they are moments that alter lives forever.

Of course, midwives are trained professionals; however, when negligence occurs, families usually pick up the pieces. Birth injuries caused by their misjudgments or delayed care can lead to lifelong disabilities, emotional trauma, and financial hardship.

If your family has suffered due to midwife negligence claims, it is important to know that you have the right to seek justice.

In this blog, we will break down what qualifies as midwife negligence and how suing midwives can help families seek accountability and compensation.

What qualifies as midwife negligence?

Not every birth complication is caused by negligence. Sometimes, despite everyone’s best efforts, things go wrong. When a midwife fails to provide the right care, though, it crosses the line into negligence—and that’s when families start looking into suing midwives.

Midwife negligence claims often involve situations like:

• Failing to monitor the baby’s heart rate for signs of distress.
• Misdiagnosing complications like preeclampsia or infections.
• Delaying emergency medical care or failing to call for a doctor when needed.
• Improper use of birthing tools, leading to serious injuries.

The consequences of these situations can be devastating. Babies may suffer from oxygen deprivation, resulting in lifelong conditions like cerebral palsy (CP) or brain damage, while mothers can experience severe complications, infections, and even life-threatening injuries.

Who can file midwife negligence claims?

When a midwife’s mistake leads to a birth injury, the impact goes far beyond just the baby. Families are usually left with emotional trauma, mounting medical bills, and a future filled with uncertainty. This is why filing midwife negligence claims aren’t limited to just the mother, but also to anyone directly affected.

Those who can file a claim include:

• The mother: If she suffered preventable injuries or complications such as rupture of the uterus, hemorrhage, and strokes.
• The baby’s other parent: They can act on behalf of their child.
• Other family members or legal guardians: Those responsible for the child’s care (other than the parents).

In Ontario, medical malpractice claims, including those against midwives, are typically initiated through a Notice of Action and/or a Statement of Claim. These documents outline the nature of the claim, the injuries experienced, and the damages sought. 

Negligence claims can be directed towards:

• Individual midwives: When their actions or inactions directly caused harm.
• Medical teams: If multiple healthcare professionals, including doctors and nurses, were involved in negligent care.
• Healthcare institutions: These include hospitals or clinics and include systemic issues like poor policies or inadequate staffing contributing to the negligence.

It is important to understand that suing midwives or any medical professional in Ontario requires establishing that their actions deviated from the accepted standard of care, which led directly to harm or injury.

The Legal Process for Suing Midwives

If you believe a midwife’s negligence caused harm to you or your baby, legal action is the best way to seek accountability and compensation. But how does the process work?

Here’s what you should expect when suing midwives:

• Gathering evidence: A strong case starts with solid proof, so you will need your medical records, witness statements, and expert opinions to show how the midwife’s negligence led to injury.
• Filing the claim: Your lawyer will prepare legal documents like the Notice of Action or a Statement Claim, officially starting the lawsuit. This step ensures the other party is aware of the claim and allows them to respond. 
• Negotiations and potential court proceedings: Many midwife negligence claims settle before trial through negotiations. If no agreement is reached, the case may go to court, where a judge will decide the outcome.

Since suing midwives involves various legal steps, working with an experienced birth injury lawyer is very important. These experts can help you build a compelling case and fight for the compensation you and your family deserve.

How long do you have to file a midwife negligence claim?

Unlike other personal injury cases, Canada does not have a strict deadline for filing midwife negligence claims. This means that if you or your child suffered due to a midwife’s mistake, you can still take legal action, whether it happened months or even years ago.

However, waiting too long can make suing midwives more difficult. Over time, medical records get lost, witnesses forget details, and proving negligence becomes harder. Thus, it is best to act quickly.

Additionally, midwife negligence claims take time, so starting the process sooner rather than later can make all the difference.

The Right Lawyers Can Change Everything

The consequences of a midwife’s negligence are challenging and often entail ongoing medical treatment, therapy, and emotional distress.

However, you don’t have to go through the journey alone. With the right legal team, you and your loved ones can fight for justice and secure compensation to support family needs.

That’s where Sommers Roth & Elmaleh comes in. As one of Ontario’s leading birth injury law firms, we specialize in holding negligent midwives and medical professionals accountable. Our legal team has helped many families achieve justice and secure life-changing settlements that ease financial burdens and ensure the long-term care of your child.

Some of our notable victories include $15.6 million for a young girl diagnosed with cerebral palsy (CP) due to an obstetrician’s improper use of forceps and vacuum extraction during delivery.

Our team also fought and secured $10 million for a boy who suffered permanent brain damage after doctors and nurses failed to treat severe neonatal hypoglycemia.

These cases prove that suing midwives can lead to real results that include not just financial compensation, but also promoting broader accountability within Ontario’s healthcare system.

You and your child’s future matter and now is the time to act. Call Sommers Roth & Elmaleh today at 1-844-940-2386, or contact us online for a free case review and building steps to fight for your family.