Hospitals and healthcare professionals must abide by careful measures designed to protect the expectant mother and child before, during, and immediately after birth. Despite these efforts, mistakes and accidents sometimes happen, and this negligence may lead to preventable, lifelong injuries.
Types of birth injuries include:
- Perennial tears
- Internal bleeding
- Cerebral palsy
- Facial paralysis
- Broken bones
- And other types of injuries and disabilities
If your child suffered from a birth injury during pregnancy, labour, delivery, or shortly following birth, you may be entitled to compensation. The team at Preszler Injury Lawyers may be able to assist you throughout this process. Call 1-800-JUSTICE today for a free initial consultation.
Our birth injuries lawyers can meet with you in Windsor for a free initial consultation. Call (416) 364-2000
Demonstrating Liability for a Birth Injury
There are many factors that may lead to a birth injury. While some are difficult to anticipate, others may be directly connected to the actions your healthcare provider took or failed to take before or during delivery.
It is important to understand that several different parties may be liable, including:
- Staff at the hospital or delivery room
- The obstetrician or obstetric nurses
- The pharmacist, if incorrect drugs were administered during pregnancy
- The doctor or doctors responsible for your prenatal care
A birth injury lawyer may be able to determine liability by investigating the evidence to look for causation and establish how the birth injury is affecting your child’s development.
Windsor Birth Injuries Lawyer Near Me (416) 364-2000
Potentially Recoverable Damages
While every situation is unique, we may be able to help you recover compensation for your child’s injuries. Depending on the specifics of your case, you may be entitled to compensation for:
- Medical care
- Ongoing care costs
- Wages lost due to the birth injury
- And more, if you qualify
Speak to our team today at 1-800-JUSTICE. If your injuries prevent you from traveling, we may be able to come to you.
The Statute of Limitations for Birth Injury Claims
A statute of limitations determines the amount of time victims have to pursue a lawsuit after suffering an injury. If a lawsuit is not filed within the appropriate timeframe, you may lose the right to file it at all.
The Limitations Act defines the statute of limitations in Ontario as two years after the date your injury was discovered. This means you typically have two years from the date on which you either first learned of the injury or on which a reasonable person should have known about the injury to file your lawsuit.
Importantly, the limitation period for victims who were younger than 18 years old when they were injured does not begin until they turn 18. Your lawyer may be able to help you understand how the statute of limitations applies to your case and offer advice on when to file your claim.
How We May Be Able to Help You
At Preszler Injury Lawyers, we understand how a birth injury could cause lifelong medical care and expenses. We also understand how difficult it can be for families to adjust to these unforeseen circumstances, especially considering the potential financial pressures they may bring.
Our team may be able to help with your lawsuit by investigating medical records, interviewing key witnesses, and creating an event timeline that depicts the events leading up to the birth injury.
Some other examples of ways our team may be able to help throughout this process include:
- Establishing immediate and long-term medical and support needs for your child’s care
- Creating a comprehensive list of all the various services, therapies, and equipment that you will need to care for your child over their lifetime
- Identifying any gaps in current support and service delivery
- Anticipating future needs and how they may change as your child ages
- Replacing or installing new equipment over time
- Drawing up a life care plan
We may also be able to help you in ways that are not detailed above. Call Preszler Injury Lawyers today at 1-800-JUSTICE to learn more about the options that may be available to you.