Birth Injury Lawyer
Birth Injury” refers to infants during pregnancy, labour, delivery, or the post-delivery period. The injury often involves the brain. This can be diagnosed soon after birth, or there may be a delay before it is recognized. Birth injuries can lead to permanent disabilities..
A case is as unique as the individual, and we recognize that the legal process can at times be a long and difficult emotional journey. We are here to help you on the road ahead.
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What Are Birth Injuries?
Most Birth Injuries are related to a disruption in blood flow to the baby’s brain, although other forms of trauma also occur at or around the time of birth. Injury to the baby’s brain from impaired blood flow to the brain can occur before labour, during labour and delivery, or shortly after birth. If severe enough, the impaired flow of oxygen can cause permanent injury to the baby’s brain, resulting in a diagnosis of cerebral palsy.
To determine if you have a case, it is important for any lawyer to review the relevant medical records and to consult with experts. If your child has suffered a significant injury and you are concerned about the care provided, call us for a free consultation.
Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of their lives. They will have need for care, therapies and surgical interventions, often for life.
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Types of Birth Injuries
- Cerebral Palsy
- Brachial Plexus Injuries
- Erb’s Palsy
- Fetal & Neonatal Stroke
- Hypoglycemia leading to brain injury
- Hypoxic Ischemic Encephalopathy (HIE)
- Kernicterus (brain injury) from Hyperbilirubinemia
- Meconium Aspiration Syndrome
- Negligent Resuscitation of a Newborn
- Newborn Infections
- Periventricular Leukomalacia (PVL)
- Trauma from Forceps & Vacuum
Proving Negligence in Birth Injury Cases
Medical malpractice cases require extensive skill and a proper understanding of the law to get the best outcome when filing a claim.
A birth injury can be caused by factors such as the baby’s size or premature labour. Although some of these factors are sometimes difficult to anticipate, doctors are required to provide the highest standard of care to protect the child and mother before, during, and after birth.
For instance, if a caesarean section is delayed or the child doesn’t receive enough oxygen during delivery, the hospital or doctor responsible for the delivery can be held liable. Birth injuries are also common when doctors fail to use birthing devices like vacuum extractors properly.
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Our birth injury lawyers can meet with you anywhere in Ontario, or via video conference, to review your specific situation and answer your questions. We will listen carefully to your story, and we will answer all of your questions clearly. Because we work on a contingency fee basis, we will not bill you for our services until we have successfully recovered compensation for your child.
A birth injury lawyer is a personal injury lawyer with unique expertise in birth injury claims. Birth injury claims are considered a form of medical malpractice, which is a particularly challenging and complex part of personal injury law. The lawyers that work in medical malpractice must have specialized knowledge relating to medical accidents, delayed and missed diagnoses, medication errors and more.
Typically, in Ontario, you have two years from the day which the injury occurred, or the day you discovered that the injury had occurred, to bring a lawsuit for a personal injury claim. In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the lawsuit.
Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation.
We encourage all prospective clients to do their research before hiring us. Read online reviews, consult with medical professionals, seek out recommendations from friends and family, and schedule as many consultations as possible. At the end of the day, we believe that our Toronto birth injury lawyers can provide the best and most compassionate legal representation in Ontario: it is the goal of every birth injury attorney to provide life-changing results to you and your family.
There are many different causes including delayed caesarean sections, breached delivery, and fetal distress; many of which could have been avoided with appropriate medical care. Proper monitoring and skilled clinical staff in conjunction with planning can help to minimize the chances of the birth injury, but when a birth injury has already occurred and has negatively affected your child, you deserve to have the experience provided by a dedicated lawyer.
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