Brachial Plexus Birth Injury Lawyers in Canada (2026)
If you're trying to understand a brachial plexus birth injury, learn when delivery care raises legal concerns and where to ask for advice in your province or territory.
Our featured firm in Canada is Diamond & Diamond Lawyers LLP. Diamond & Diamond Lawyers LLP is our featured partner in Canada and is listed first. Of the 26 firms that show birth injury work on our 29 city lists in Canada, Neinstein Personal Injury Lawyers scores highest on malpractice focus, published results, client reviews and experience, followed by Paul Cahill and Campisi Law. Each firm keeps its best score from the cities it serves; open a city for its full list.
Jeremy Syrtash leads the medical malpractice litigation practice at Diamond & Diamond Lawyers LLP. He earned a BA from Yeshiva University (2010) and a JD from the University of Ottawa (2013), was called to the Bar of Ontario in 2014, and has acted as counsel and co-counsel in medical malpractice cases across Canada, many involving pediatric and obstetrical negligence.
Called to the Bar of Ontario, 2014 · JD, University of Ottawa · Best Lawyers: Ones to Watch in Canada, Health Care Law (2024 to 2027)
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Paul Cahill - Medical Malpractice Lawyer lists an $11.5 million jury verdict involving a child who was born with cerebral palsy. Much of the practice's work is in medical negligence cases.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Best for: Families prioritising communication and support
Clients often say Campisi Law Injury Lawyers' staff keep them informed, helping them feel supported. You have 370 Google reviews to read behind the firm's 4.9 rating, though some clients say communication was inconsistent.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Sommers Roth & Elmaleh's listed practice is entirely medical malpractice, and its site gives particularly detailed attention to obstetric care. It addresses shoulder dystocia and brachial plexus injury.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Brachial plexus injury lawyers by province
The rules change from one province to the next, so the lawyers near you are the ones to call.
A brachial plexus birth injury damages the nerves around a baby's neck and shoulder while the baby is being delivered. After the diagnosis, you might wonder whether malpractice was involved. The diagnosis doesn't, by itself, show negligent care. A lawyer reviewing your child's situation needs to look at the delivery care to see whether it fell below the required standard and caused harm. While you arrange the care your child needs, ask about the records you'll need and the deadline that applies where you live.
What a brachial plexus birth injury means
The brachial plexus is a group of nerves around the neck and shoulder. Erb's palsy and Klumpke's palsy are among the conditions that involve injury to these nerves during birth. Ask the treating clinician what either name means for your child if you've seen it written in their chart. The label won't give you that answer.
The article Brachial Plexus Injury and Medical Negligence describes nerves being stretched during childbirth, with compression or tearing also described as ways they're injured. Those words describe what happened to the nerves during birth. They don't tell you who caused the damage, nor do they establish that the delivery care fell below the required standard.
They're asking about different things. Knowing what happened to a nerve medically still leaves the question of whether the care during birth met the legal standard. Ask the clinician to explain the diagnosis in plain language, including what they know about the injury and what they still can't say for certain.
How it happens, and when to ask for medical help
Nerves can be stretched during delivery or damaged another way. That general description doesn't explain what happened when your own child was born. Your child's clinician can explain what the medical findings show; to review the care legally, someone needs to look at the delivery and its surrounding circumstances.
You won't find a checklist of your baby's symptoms here. Tell the treating team exactly what you've noticed about your baby's arm or shoulder if it's worrying you when you contact them. Does your baby need to be assessed promptly? You can ask for medical help without first deciding whether the care your baby received was malpractice.
You may find it hard to untangle memories of a difficult delivery from the explanations people have given you since. Write each account separately. For example, write down what you remember of the conversation before making a separate record of what the care team told you later. Those notes give the lawyer a clearer place to start, rather than leaving you to piece together everything about the birth from memory alone.
What makes it medical malpractice
A bad outcome doesn't, on its own, show negligent care. A lawyer reviewing a malpractice claim asks what standard the care needed to meet in those circumstances, then looks at whether care below that standard caused the injury claimed. The lawyer also needs to consider how your child was harmed. Ask a lawyer in your province or territory how those questions relate to what happened to your child.
The standard of care
The review looks at how the delivery was handled, not just the diagnosis your child received afterwards. To assess whether the decisions and actions during your child's birth met the applicable standard, what information does the lawyer need? Start by talking through the delivery notes together.
Tell the lawyer which parts of the care worry you. You might not understand a decision recorded in the chart; tell the lawyer, too, if an explanation doesn't fit what you remember. A missing explanation is worth raising, though it doesn't prove wrongdoing. The lawyer needs to look into what's missing.
Your concerns about the care aren't enough to show that it caused the damage to the nerves. To assess that, the lawyer must examine how the alleged failure connects to your child's injury. Ask what a medical opinion would need to say about that connection. Ask about getting an expert report too, since it may help answer points that are disputed.
The harm to your child
Don't lose sight of how your child is doing. Ask the treating team to explain what they've written in the chart, including the care they're recommending for your child. Bring the lawyer any information you already have showing how the injury affects your child, and include receipts for expenses you want them to consider when you meet.
Not every expense can be recovered. Ask your lawyer whether the facts and the law that applies would let you include the particular loss you're worried about in a claim.
Reading settlement figures without drawing the wrong comparison
A settlement for another birth-related injury won't tell you what a claim for your child's injury is worth. CP Support Canada's Legal Support page describes a settlement involving a newborn's brain injury, which happened after a nurse accidentally gave the baby a medication overdose. The injuries aren't alike. The alleged error differs too.
Settlement reported by CP Support Canada for a newborn medication-overdose brain injury, not a brachial plexus injury
That figure doesn't tell you what a brachial plexus claim might be worth or how it'll turn out. Ask the lawyer why a published result is relevant to your child's circumstances if they bring one up during your discussion. The largest number you've found online shouldn't steer the discussion; talk through your child's medical findings with the lawyer and the losses you can back up.
Deadlines depend on where the claim belongs
Which province or territory is involved determines the limitation periods that apply. A deadline you've read about elsewhere isn't necessarily the deadline for your child's claim. Our Canadian province and territory pages can help you find where your claim belongs. Ask a lawyer in that jurisdiction to explain the rules that apply to you.
Your child's age affects which rules apply. Ask about the rules for your child's claim, and check with the lawyer whether a parent's separate claim has a different deadline. You shouldn't assume there's no time limit. Tell the lawyer your child's birth date, then explain when you learned about the injury or first questioned how the care during delivery was handled.
What to do next
Prepare for a medical and legal review
1
Ask for a clear medical explanation
Write down what your child's clinician gave as the diagnosis. Ask what findings led to that diagnosis, then have the clinician explain the care they're recommending. Keep any written explanation you've been given to refer to.
2
Make a record of your concerns
Write down what you remember seeing during the delivery, keeping those notes separate from what people told you in later conversations. Write down the questions you're still trying to answer. You can say you don't remember if something escapes you.
3
Discuss obtaining the records
Ask the lawyer which records to gather, then find out how you can get copies. Mention the delivery notes, and ask about your child's chart too. Keep any copies you already have just as they came to you (don't edit or annotate the originals).
4
Get advice about the deadline
Tell the lawyer where your child was delivered, then explain when you first found out about the injury. Ask the lawyer to explain the limitation period that applies, including how your child's age affects the rules.
5
Ask what a review would involve
Ask what you'll pay in fees before agreeing to proceed, and what information the lawyer needs to review your claim. Ask whether a medical opinion is needed, and have the firm explain how it would keep in touch with you.
You don't need a fully worked-out argument. Bring any question that's worrying you, even one that seems small. The first conversation should help you sort out which medical questions remain open, what might be a legal concern and where the lawyer still needs to look further.
Keep the review focused on the right injury
Our Birth Injury page covers the broader category of injuries. The Obstetrical Malpractice page may help you prepare to speak with a lawyer about decisions made during labour or delivery. Read Hospital & Nursing Negligence if you're concerned about the nursing or hospital care your child received.
Start the discussion of your case by making sure you understand the diagnosis. A brachial plexus injury affects the nerves that run around the neck and shoulder. A brain injury settlement can't tell you about your child's condition, so don't use it in place of that information.
There is room for the family's experience, too
A diagnosis doesn't necessarily answer your remaining questions about an upsetting birth. You may want someone to explain what happened before you decide whether to go ahead with a claim.
“It’s so difficult to accept when birth doesn’t go the way you wanted. I had an emergency c section last month after planning a home birth (would’ve been my second home birth), it was such a dramatic shock for me. I’m sorry this happened to you, you’re not alone.”
The parent who tells that account is describing a birth different from your child's. That story isn't evidence of what happened to your child, either medically or legally. Tell your own care provider if the birth is still affecting you; you can seek support while also asking someone to explain what happened during the delivery.
This injury damages the nerves around a baby's neck and shoulder as the baby is delivered. These injuries have associated names, including Erb's palsy and Klumpke's palsy. You can't tell whether the care was negligent from either diagnosis on its own. To understand what the diagnosis means for your child, ask their clinician to explain it and the findings.
How can brachial plexus nerves be injured during birth?
In Brachial Plexus Injury and Medical Negligence, the article describes childbirth stretching or compressing nerves, or tearing them. It explains in general terms how the injury happens. That description doesn't prove what happened when your child was delivered. A review of your child's case needs to look at the medical findings together with the delivery notes, including what they say about the circumstances.
Does a brachial plexus injury mean medical malpractice occurred?
No. The injury alone doesn't show that the care was negligent. A lawyer reviewing the claim looks at the delivery care against the applicable standard, then asks whether any failure to meet it harmed your child. Ask a lawyer in your province or territory what evidence your claim needs, and which questions you'll need a medical opinion to answer.
How long do I have to bring a birth injury claim in Canada?
These claims don't all have the same deadline throughout Canada. Each province or territory has its own limitation periods. Ask a lawyer to explain the rules that apply to your child's claim, then check whether a claim brought by a parent would have a different deadline. Our province and territory pages can help you find the jurisdiction where your claim belongs. That doesn't replace advice about your own child's claim.
What should I bring to a first consultation?
Bring the diagnosis you've received and the records you already have, adding the delivery notes if they're available to you. Write down your questions, keeping your memories separate from the explanations clinicians gave you afterwards. The lawyer can point out which other records you'll need, if any. Before asking for an initial review, you don't need to have proved the claim yourself.
Can a published settlement tell me what my child's claim is worth?
No. According to CP Support Canada's Legal Support page, a $7.4 million settlement involved a newborn's brain injury caused by a medication overdose; it wasn't a brachial plexus injury. Your family's situation can't be forecast from that. If the lawyer proposes a comparison, ask what makes it relevant and how the assessment depends on your child's medical findings and the losses that can be supported.
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Jeremy Syrtash
