Ontario couple want 'justice' for newborn who died in hospital from birth-related head injury

Swati Patel can't stop thinking about the what-ifs concerning the delivery and death of her baby boy last summer.

What if a scalp clip wasn't used to monitor her baby's heart rate? What if the doctor hadn't performed a vacuum-assisted delivery? What if the cut on her newborn's head from the scalp clip and his blood loss were discovered sooner?

The Brampton, Ont., mom may never stop wondering, but what she says could help her family heal is getting an apology and accountability for what happened to her son.

"I know that by doing all these things, I'm not going to get the baby back," Patel told CBC News. "But I need justice for my baby. I need answers for my baby."

Patel's son, Anant, died two days after he was born at Brampton Civic Hospital in August 2021. His death was caused by complications from a birth-related blunt force head injury, a post-mortem examination determined. That head injury included a scalp laceration, extensive bleeding between the baby's scalp and skull, and bleeding outside of his brain.

"Throughout my pregnancy, he was totally healthy," Patel said. "We try our best that we can meet the doctor who delivered the baby, that we can ask the questions, but that never happened."

Instead, Patel and her husband, Manish, met with management from Brampton Civic Hospital six months after their son died to go over a quality of care committee review completed by the health system. But the report didn't mention the delivery doctor and largely focused on potential issues with their baby's post-birth care.

The meeting and review fell short of the accountability and apology the couple said they are looking for — both of which, a patient advocate says, are often hard to get in Canada given the fear of legal ramifications.

"It really shouldn't be as hard as it is to get an apology," said Kathleen Finlay, the Toronto-based CEO of the advocacy group Center for Patient Protection. "That's all most people want. They're not looking to make a lot of money through a huge settlement."

William Osler Health System, which runs Brampton Civic Hospital, told CBC News in a statement that it can't provide specific details or comment because of its policies and to protect the family's privacy and confidentiality.

"William Osler Health System expresses our sincere condolences to the family for their loss," spokesperson Emma Murphy wrote.

"We have a robust quality of care review process in place to assess the care provided to patients. This process includes engaging with the family throughout the comprehensive review and offering continued support to the family."

Two days after their baby died, a social worker from the hospital called the Patels and offered condolences and emotional support.

The quality of care report, reviewed by CBC News, says the vacuum-assisted delivery "may have contributed to subgaleal hemorrhage/subdural hematomas" — the only time a potential issue with the baby's birth is mentioned. A vacuum-assisted delivery occurs when a doctor puts a small vacuum on the top of a baby's head to use suction to help remove the newborn when the delivery isn't progressing.