The Role of Genetics in Birth Injury Claims

Will the science of genetics play a greater role in birth injury lawsuits in the future? As the science of genetics continues to advance, it is sometimes suggested that a child’s birth injury may be caused by genetic abnormalities rather than any difficulties encountered during labour. In this article, Andrea and Paul examine the current medical understanding of the role of genetics in neurodevelopmental disorders such as cerebral palsy, and how Canadian courts have approached the defence of genetic predisposition in birth injury claims.