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Birth Injury Lawyer in Calgary
At Yanko Popovic Sidhu, we act for families where a mother or baby was injured during labour and delivery.
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As your birth injury lawyers
Yanko Popovic Sidhu and its predecessor firms have acted for injured Albertans for more than 40 years, and have represented thousands of clients over that time. A birth injury claim is about establishing what the record shows, whether the response to it met the standard expected, and what a different response would have changed. It is careful, evidence-driven work, and it matters enormously to the families who bring it.
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Who we act for
We act for:
— Families of children injured during labour and delivery
— Mothers injured during childbirth
— Families where signs of fetal distress may not have been acted on
— Families dealing with a permanent injury and long-term care needs
— Families who simply want to understand what happened
What a birth injury lawyer does on your claim
Establishing what the record showsFetal monitoring records, timing of interventions and the sequence of decisions are usually where these claims are won or lost. Reconstructing that timeline accurately is the first task.Get in touch- Causation is the hard partMany conditions attributed to birth events have other possible causes. Establishing that a failing at delivery caused the injury — rather than that it coincided with it — requires strong expert evidence.Get in touch
- Building the future care claimWhere an injury is permanent, the claim must account for a lifetime of care, therapy, equipment, accommodation and lost earning capacity. That requires life care planning and economic evidence.Get in touch
More than 40 years acting for injured Albertans
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Do not assume you have until the child turns 18
Limitation periods are suspended while a claimant is a minor. But a potential defendant can start the clock running against a child by serving a notice to proceed on the child's guardian and on the Public Trustee and paying the prescribed fee — after which the ordinary periods begin to run. This is a step a hospital's or physician's insurer can take, and families who assume they have until the child reaches adulthood can find they are out of time years earlier. Separate rules may also continue to suspend time past 18 where the claimant's impairment meets the statutory definition of a disability.
Not every difficult birth involves negligence
Shoulder dystocia, cord compression and fetal distress can occur and be managed competently, and injuries can result despite appropriate care. Equally, the fact that a clinician says an injury was unavoidable is a position, not a finding. Both propositions need to be tested against the record by someone qualified to read it.
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The care claim can be the largest part of the claim
Where a child has a permanent injury, the damages that matter most over a lifetime are the cost of future care, therapy, equipment and accommodation, and the loss of earning capacity. Those are proved with life care planning and economic evidence, and they take time and cost money to establish properly.
Frequently Asked Questions: Birth Injury Claims in Alberta
How long do we have to bring a claim on behalf of our child?
This is the question families most often get wrong. Limitation periods are suspended while a claimant is a minor — but a potential defendant can start the clock running against a child by serving a notice to proceed on the child's guardian and the Public Trustee and paying the prescribed fee. There is no fixed 'limitation period for minors' that guarantees you until the child turns 18. Separate provisions may continue to suspend time past 18 where the child's impairment meets the definition of a disability. Get advice rather than relying on an assumption.
What compensation is available?
Where a claim succeeds, it can include the cost of past and future medical care and therapy, specialised equipment, home modifications, attendant care, loss of the child's future earning capacity, and in some circumstances losses to the parents. In substantial cases the structure of any resolution — including arrangements to manage funds over a child's lifetime — is itself an important part of the work.
Will we have to sue the doctor and hospital by name?
A civil claim is brought against the parties alleged to be responsible, so yes, they are named. That is often difficult for families who valued the care they received in other respects. It is worth saying that the claim is against the conduct in question, and that these defendants are insured or indemnified and are defended by counsel instructed for that purpose.
What does it cost to hire a lawyer for this?
We act on a contingency fee basis, which means you pay no legal fees unless compensation is recovered. Disbursements — the out-of-pocket costs of running a file, such as medical records, expert reports and court filing fees — and applicable taxes may still apply. We will explain the arrangement in writing before you retain us.
Do you want help with your case?
Calgary, Alberta, T2E 8K4
Fri: 8 AM – 2 PM
Sat – Sun: Closed