Bringing a child into the world should be a moment of joy, but when something goes wrong during labour or delivery, families are often left searching for answers and reassurance. In those first moments, no parent is thinking about Nova Scotia’s liability laws; they’re thinking about their child’s safety and health, and what happens next.
A birth injury can leave families trying to understand why the harm occurred, whether it could have been prevented, and who can be held responsible. These are heavy concerns for any parent to carry, and navigating them alone can feel impossible.
Valent Legal supports families through these difficult early steps with compassion and clarity. We help you understand how responsibility is determined, what choices you may have, and how a birth injury lawyer can guide you forward. Our role is to listen, to help you make sense of what happened, and to stand beside you as you explore your options.
- Responsibility for a birth injury can fall on various medical professionals, including OB-GYNs, nurses, midwives, anesthesiologists, and family doctors, depending on the circumstances and care provided during labor and delivery.
- Hospitals or the Nova Scotia Health Authority may be held responsible if systemic issues, such as poor staffing or malfunctioning equipment, contribute to a birth injury.
- Birth injuries may involve shared responsibility, with multiple providers or institutions contributing to the harm. The law allows for liability to be divided among those responsible based on their contributions.
Health Care Providers Who May Be Responsible for a Birth Injury
A birth injury refers to a physical injury, brain injury, nerve injury, or medical condition that an infant sustains as a result of complications during pregnancy, labour, delivery, or afterbirth treatment. When a birth injury occurs, responsibility may fall on one or more of the health care providers involved in your care. Each professional plays a specific role during pregnancy, labour, and delivery, and an avoidable mistake at any stage can contribute to serious outcomes.
The following providers may be liable in a Nova Scotia medical negligence claim:
- OB-GYNs: Obstetricians and gynecologists may be held responsible if decisions during labour or delivery fall below the expected standard of care, for example, not responding quickly enough to signs of fetal distress or delays in performing an emergency C-section.
- Labour and Delivery Nurses: Nurses play a critical role in monitoring both the parent and the baby. Issues may arise if they miss important warning signs, fail to communicate changes to the doctor, or do not follow proper protocols during labour.
- Midwives: While many families rely on midwives for safe and supportive care, mistakes such as misreading vital signs, delaying transfer to hospital care, or failing to recognize complications can lead to preventable injuries.
- Anaesthesiologists: These providers manage pain relief during labour. Errors may include administering the wrong medication, failing to monitor a parent’s vital signs, or complications from improper epidural placement.
- Family Doctors: Some parents continue prenatal care through their family doctor. Liability may arise if they fail to identify important risk factors during pregnancy or delay referrals to specialists when concerns arise.
Can the Hospital or Nova Scotia Health Authority Be Responsible?
In some situations, the hospital or the Nova Scotia Health Authority may be held responsible for a birth injury. They can be directly liable if an injury results from systemic issues rather than the actions of one individual provider. These may include poor hiring practices, failing to screen employees, staffing shortages, communication breakdowns between departments, outdated or malfunctioning equipment, or policies that hinder health care providers’ ability to respond quickly in an emergency.
A hospital can also be held vicariously liable if an employee’s negligence in the course and scope of their job-related duties causes a child’s birth injury. Thus, even if the hospital was not otherwise negligent, it can be held responsible for its employees’ actions or inactions.
For many families, this also raises questions about whether they can sue a doctor or the hospital, and the answer depends on how each of these factors contributed to what happened. When unsafe conditions play a role in a birth injury, the hospital or health authority may share liability.
What if Multiple Parties Contributed to the Birth Injury?
Birth injuries are often the result of several moments, through a combination of decisions or oversights, not just a single mistake. In these situations, more than one health care provider or institution may share responsibility. For example, a doctor may make a delayed decision, a nurse may miss a sign of distress, and a hospital policy may limit the speed at which staff can respond. Each factor can play a role in what happened.
When multiple parties are involved, the law allows responsibility to be shared among them based on their respective contributions to the harm. At Valent Legal, we will carefully review the medical records, analyze the timeline, and obtain expert opinions to identify every individual or institution that played a role in your abab’s injury. Families deserve a thorough and fair understanding of what happened, and acknowledging all responsible parties is an essential step toward achieving a meaningful resolution.
How Do You Determine Who Is Liable for a Birth Injury
To understand whether a health care provider may be legally responsible for a birth injury, the law looks at a few key questions:
- Duty: Did the provider have a responsibility to offer safe, attentive care?
- Breach: Did their actions, or inaction, fall below the standard of care expected from a reasonably careful provider?
- Causation: Did this lapse contribute to the injury your baby experienced?
- Harm: Did the injury lead to meaningful impacts for the newborn or family?
Together, these factors help form the picture of whether negligence may have occurred. From there, the process turns to understanding the “how” and “why” behind what happened. Understanding these elements helps families make sense of the facts surrounding a birth injury and whether a provider’s actions may have contributed to what happened. Independent medical opinions are often necessary to determine whether a provider missed a step, delayed care, or carried out a procedure in such a manner that failed to meet the standard of care reasonably expected in similar circumstances.
This process can feel overwhelming for families on their own, which is why having guidance from a medical malpractice lawyer can make a significant difference. We thoroughly examine every question and ensure you have the necessary information to understand what happened.
Why Early Legal Guidance Matters After a Birth Injury
When a child has been hurt before, during, or shortly after birth, families often find themselves balancing immediate medical needs with worries about what their child may need moving forward. Speaking with a birth injury lawyer early isn’t about rushing into decisions; it’s about ensuring you have support during a time filled with uncertainty and unanswered questions.
Nova Scotia medical negligence claims have important timelines, and beginning the process sooner helps protect crucial information, including medical records and provider notes. Early legal guidance also allows your family to focus on caring for your child while someone knowledgeable reviews what happened and whether any health care provider may be responsible, including what a potential birth injury settlement could mean for your family.
Valent Legal offers free, no-risk consultations, allowing families to ask questions, feel heard, and understand their options without pressure.
Connect With Valent Legal for Compassionate Support
If your child has been hurt and you’re unsure where to turn, please know you don’t have to face this alone. Valent Legal is here to listen, support your family, and help you understand what comes next. We take the time to learn your story, answer your questions with care, and guide you through each step in a way that feels steady and manageable. We’re particularly proud of the positive feedback families have shared about their experience with our team, often noting the reassurance and clarity we’ve provided along the way.
When you’re ready to reach out, our team is here to walk beside you and help you explore the path forward. Call (902) 443-4488 or contact us online today.