Markham Birth Injury Lawyer
Hospital News reports that trauma during the birth process, particularly when tools such as forceps are used, in Canadian hospitals has shown an increase in recent years. If you believe a doctor or another care provider caused your newborn to suffer injuries before, during, or just after birth, you may be eligible for compensation. At Preszler Injury Lawyers, our team can help you calculate a fair value for your case and fight to recover compensation if you qualify. If your child’s injuries and ongoing treatment prevent you from travelling, we may be able to come to you to discuss your case.
Birth injuries often take months, or even years, to become apparent. This delay sometimes makes it difficult to identify the probable cause and possible liable parties in a birth injury case. However, our birth injury malpractice lawyers serving Markham know how to prove this type of case and navigate the process for eligible families.
Contact our birth injury lawyers serving Markham today by calling 1-800-JUSTICE.
Preszler Injury Lawyers May Be Able to Handle Your Child’s Birth Injury Case if You Are Eligible for Compensation
At Preszler Injury Lawyers, our team understands the many causes of birth injuries. If you qualify, we may be able to collect evidence and build a case that supports the recovery of compensation on your child’s behalf. Some birth injuries that may support this type of case include:
- Brachial plexus injuries including Erb’s palsy
- Cerebral palsy
- Clavicle or collarbone fractures
- Facial nerve palsy
- Head injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Kernicterus (as defined by the Canadian Paediatric Surveillance Program)
- Periventricular leukomalacia (PVL)
- Traumatic brain injuries
- And more
Additional ways that a doctor or caregiver could cause birth injuries include those caused by:
- Improper prenatal care
- Undiagnosed or misdiagnosed infection
- Improperly treated maternal medical concerns
- Errors during labour and delivery
In some cases, the doctor or another caregiver may share the liability with the mother or another person. When the doctor or another party alleges that the mother shares in the negligence for her child’s birth injury, these cases can get extremely complex. However, our team may be able to limit the impact of this type of claim on your family’s recovery.
If you believe your child suffered injuries because of medical malpractice during their Markham birth, one of the birth injury lawyers serving Markham from Preszler Injury Lawyers can review your case. We may be able to recover compensation on your child’s behalf if you qualify. Call 1-800-JUSTICE today to get started.
Preszler Injury Lawyers May Be Able to Recover Compensation If Your Child Is Eligible
Birth injury cases, like other medical malpractice cases, are often difficult to prove. They require us to follow a very specific process and provide the evidence necessary to show our clients are eligible if they qualify to recover compensation in their child’s case.
This process includes a review of the applicable medical records by the College of Physicians and Surgeon, who will determine if your case supports legal action. If we believe you may be eligible, we can accept your retainer, and your lawyer from Preszler Injury Lawyers can take on this process on your behalf.
If you are eligible to move forward, our lawyers can work with your child’s litigation guardian to take legal action and navigate the legal process, seeking recovery of compensation.
To learn more about how our birth injury lawyers serving Markham may be able to help qualifying families recover compensation for their child’s birth injuries, call 1-800-JUSTICE today.
Recoverable Compensation for Birth Injury Victims Who Qualify
There are several types of damages available to those who qualify to recover compensation in a Markham birth injury case. These damages may include:
- Special damages: Documented economic losses related to the child’s injury, treatment, and related care
- General damages: Losses without clear documentation, including non-pecuniary general damages (pain and suffering) and pecuniary damages (difficult or impossible to quantify economic losses)
- Other types of damages: This may include aggravated damages and punitive damages, which may be available in some cases depending on the facts of the case
If your family qualifies to recover compensation based on your child’s birth injury case, our medical malpractice lawyers from Preszler Injury Lawyers will work to gather evidence to prove your damages. As a part of this process, we may be able to help you understand the specific nature and value of the expenses and losses you endured.
The Time Limit on Taking Legal Action in a Markham Birth Injury Case Is Complex
The Limitations Act puts a deadline on how long you have to take legal action in a birth injury case, even if you qualify. However, the deadline set by the Limitations Act is complex, especially in cases when the victim is a minor or has a medical condition that prevents them from acting on their own behalf.
Under law, these cases require a litigation guardian to represent the best interests of the child or other individual during this process. Once a litigation guardian is appointed in your child’s case, you only have a limited time to move forward with your case, if possible.
A birth injury lawyer serving Markham may be able to help you understand the deadline in your child’s birth injury malpractice case, if you are approved to take legal action. We can look at the specific facts of your case and explain the time constraints that apply based on the Limitations Act.
Discuss Your Case with a Birth Injury Lawyer Serving Markham
At Preszler Injury Lawyers, our Ontario, Canada, lawyers serve families whose children experienced birth injury malpractice in Markham and many surrounding areas. If you believe a doctor or other medical care provider caused your child’s injuries, legal action may be possible. We want to discuss your case with you.
Call us today at 1-800-JUSTICE. If you cannot come to us, we may be able to travel to meet with you in Markham.