Best Birth Injury Lawyers in Davidson

About Birth Injury Law in Davidson, Canada

Birth injury law in Davidson, Saskatchewan addresses harm to a baby or birthing parent that occurs during pregnancy, labor, delivery, or the immediate postpartum period and that may have been avoidable with proper medical care. These claims are a type of medical negligence case. They often involve allegations that a health care provider or facility did not meet the applicable standard of care, and that this failure caused injury. Examples include delayed response to fetal distress, improper use of forceps or vacuum, failure to perform a timely cesarean section, mismanagement of shoulder dystocia, medication errors, or failures in prenatal screening and monitoring.

Davidson is served within the Saskatchewan Health Authority system. Care may be provided by family physicians, obstetricians, midwives, nurses, and hospital staff. When questions arise after a difficult birth, Saskatchewan law provides routes to obtain records, review care, and pursue compensation where negligence is proven.

Why You May Need a Lawyer

Birth injury cases are complex. A lawyer can help you understand whether what happened was an unfortunate outcome or the result of substandard care. Lawyers coordinate expert medical reviews to evaluate the standard of care and causation. They also identify who may be legally responsible, which can include individual clinicians and the Saskatchewan Health Authority depending on the facts.

Families often seek legal help to secure compensation for lifelong care needs. Damages in birth injury cases can include costs of future medical treatment and therapies, assistive technology, home and vehicle modifications, income loss for parents who must leave work to provide care, and non-pecuniary damages for pain and suffering. A lawyer can help document these losses and present them effectively.

Insurers and defense organizations, including the Canadian Medical Protective Association for physicians and hospital insurers, are experienced and well resourced. A plaintiff-side lawyer levels the playing field, manages communication, protects deadlines, and negotiates toward settlement. Where settlement is not possible, a lawyer advances the claim in the Saskatchewan Court of King's Bench and prepares the expert evidence necessary to prove the case.

Local Laws Overview

Standard of care and negligence: In Saskatchewan, medical providers must meet the standard of a reasonably competent practitioner in similar circumstances. A poor outcome alone is not negligence. You must show a breach of the standard of care and that this breach caused the injury on a balance of probabilities. Expert medical evidence is typically required.

Informed consent: Providers must disclose material risks, alternatives, and likely outcomes so patients can make informed decisions. For situations where the pregnant person lacks capacity, Saskatchewan's health care decision making laws allow substitute decision makers to provide consent, guided by the person's values and best interests.

Access to medical records: Under The Health Information Protection Act of Saskatchewan, you can request your health records and your child's records. Health trustees generally must respond within set timelines, often around 30 days, and may charge reasonable fees for copies. If access is denied or delayed, you can seek a review by the Office of the Saskatchewan Information and Privacy Commissioner.

Limitation periods: Time limits are critical. Many medical negligence claims in Saskatchewan must be started within 2 years of when you first knew, or reasonably should have known, about the injury, its cause, and that a lawsuit might be warranted. An ultimate limitation period, often up to 15 years from the event, may also apply. Special rules can pause limitation clocks for minors and for people lacking capacity, but there are exceptions and an ultimate deadline can still apply. If a government body is involved, written notice before suing may be required. Because these rules are technical and fact dependent, speak with a lawyer as soon as possible.

Parties who may be liable: Depending on the facts, claims may be brought against physicians, midwives, nurses, the Saskatchewan Health Authority, and other entities involved in laboratory testing or imaging. Hospitals and the Authority may be vicariously liable for the negligence of their employees.

Damages: Compensation can include non-pecuniary damages for pain and suffering, income loss and loss of earning capacity, out-of-pocket expenses, future care costs, and in some cases family member claims. Canada has a judicial cap on non-pecuniary damages that is adjusted for inflation and sits in the several-hundred-thousand-dollar range, while future care and income loss can be much larger based on expert evidence. For settlements involving minors, court approval is generally required, and funds are often protected in trust or structured settlements.

Costs and fees: Saskatchewan generally follows a partial indemnity costs system where the unsuccessful party may have to pay a portion of the successful party's legal costs. Plaintiff firms commonly use contingency fee arrangements that must comply with Law Society of Saskatchewan rules and be set out in writing. Ask how disbursements such as expert fees are handled.

Apologies: An apology by a health care provider or hospital is generally not an admission of liability and is usually not admissible in court in Saskatchewan, allowing open communication after an adverse event.

Frequently Asked Questions

What is a birth injury?

A birth injury is physical or neurological harm suffered by a baby or the birthing parent during pregnancy, labor, delivery, or shortly after birth. Examples include hypoxic-ischemic encephalopathy, brachial plexus injury, skull fractures, severe jaundice complications, maternal hemorrhage, or uterine rupture. The legal question is whether the injury was avoidable with reasonable care.

How do I know if our situation involves malpractice?

Only a qualified medical expert can reliably assess whether the standard of care was breached and caused the injury. A lawyer will gather records, consult obstetrics, neonatology, nursing, and other experts, and compare the care provided to accepted practices to determine whether a viable claim exists.

How long do I have to sue in Saskatchewan?

Many medical negligence claims must be issued within 2 years of when you knew or should have known there was a basis for a claim, with an ultimate period that can be up to 15 years from the event. For minors and people lacking capacity, the limitation can be paused, but exceptions and ultimate deadlines may still apply. If a government body is involved, advance written notice may be required. Do not wait to get advice because calculating deadlines is fact specific.

Can I get my medical records and my baby's records?

Yes. Under Saskatchewan's health privacy law you have the right to access records about you and, as a parent or guardian, your child. Request records from the Saskatchewan Health Authority facility and from individual providers. Keep copies of prenatal charts, labor and delivery records, fetal monitoring strips, imaging, lab results, and discharge summaries.

What compensation can we claim?

Compensation can include non-pecuniary damages for pain and suffering, out-of-pocket expenses, lost wages for parents, loss of earning capacity for the child in the future, and the cost of future care such as therapies, medications, equipment, home modifications, attendant care, and case management. In a death, family members may have claims under wrongful death legislation for certain losses.

Will bringing a claim affect my child's medical care?

Your right to care through Saskatchewan's publicly funded system is separate from your right to pursue a civil claim. Care should continue as needed. To avoid confusion, let your lawyer handle communication about the claim and focus your clinical appointments on care.

How are legal fees charged?

Most plaintiff-side firms offer contingency fees, meaning the lawyer is paid a percentage of the recovery plus disbursements, and nothing is owed for fees if there is no recovery. The percentage, what counts as disbursements, and how costs awards are handled must be set out in a written agreement that complies with Law Society rules. Ask for a clear budget for expert and litigation costs.

Do we need expert witnesses?

Yes. Birth injury claims almost always require independent experts to address standard of care, causation, prognosis, future care needs, and economic loss. Common experts include obstetricians, neonatologists, pediatric neurologists, nursing experts, neuroradiologists, life care planners, and economists.

What if we cannot afford the costs of experts and reports?

Discuss funding with your lawyer. Many firms advance disbursements and recover them from any settlement or judgment. In some cases litigation loans or third-party funding are options, though they come with costs. Pro bono advice may be available for initial orientation, but full litigation funding usually requires a private arrangement.

Will my case settle or go to trial?

Most medical negligence cases resolve through negotiation or mediation after expert reports are exchanged. If liability or damages remain disputed, the case may proceed to trial in the Court of King's Bench. Your lawyer will help you evaluate offers and the risks and benefits of trial.

Additional Resources

Saskatchewan Health Authority Patient and Family Experience or Patient Relations services for care concerns and early resolution.

Office of the Saskatchewan Information and Privacy Commissioner for help with health record access issues.

College of Physicians and Surgeons of Saskatchewan for physician regulation and complaints.

Saskatchewan College of Midwives for midwifery regulation and complaints.

College of Registered Nurses of Saskatchewan for nursing regulation and complaints.

Health Quality Council Saskatchewan for quality and safety initiatives and patient engagement resources.

Public Guardian and Trustee of Saskatchewan for guidance on managing funds or property for minors or persons lacking capacity.

Pro Bono Law Saskatchewan for free legal clinics and referrals where eligible.

Law Society of Saskatchewan Lawyer Referral Service to help locate lawyers experienced in medical negligence and birth injury.

Community support organizations such as the Cerebral Palsy Association in Saskatchewan and Easter Seals Saskatchewan for family services and equipment assistance.

Next Steps

Write a timeline of events from pregnancy through delivery and the early days after birth. Include symptoms, concerns raised, who was present, what was said, and any follow-up appointments.

Request complete medical records for the birthing parent and child, including prenatal records, triage notes, fetal monitoring strips, medication administration records, operative reports, neonatal charts, imaging, and lab results.

Keep all discharge summaries, referrals, and therapy assessments. Start a file with receipts for out-of-pocket expenses, mileage, parking, adaptive equipment, and time off work.

Consult a Saskatchewan lawyer who focuses on medical negligence and birth injury. Ask about experience, timelines, experts, funding for disbursements, and contingency fee terms. Bring your timeline and any records you already have.

Do not delay. Limitation periods and notice requirements can be strict. Early legal advice helps protect your rights and preserves critical evidence.

Follow medical advice and prioritize care. Your legal team can manage communication with insurers, the Saskatchewan Health Authority, and defense counsel while you focus on your family.

If a settlement for a minor is proposed, your lawyer will arrange for court approval and discuss options like structured settlements to protect long-term care needs and eligibility for benefits.