Babies who suffer a birth injury may need lifelong care. This can put a strain on a family’s financial, physical, and emotional well-being. If a medical error or negligence caused your family to suffer the effects of a birth injury, Preszler Injury Lawyers may be able to help.
If you have concerns about the circumstances of your child’s birth injury or birth trauma, you should call a lawyer. You might be able to recover compensation for long-term care, pain and suffering, and other damages.
For a free initial consultation, call us at 1-800-JUSTICE.
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Why You Should Call a Birth Injury Lawyer Serving Etobicoke
Birth injury cases are complex because they typically involve more than one liable party and a lengthy timeline of events. You also must consider the fact that a medical provider or facility will probably deny any wrongdoing or liability. This means that you need a law firm that can fully investigate your claim to pursue financial recovery on your behalf.
A birth injury lawyer with Preszler Injury Lawyers can:
- Explain your legal options under federal and provincial law, including the statute of limitations for filing a civil action.
- Investigate the probable cause of birth injury.
- Locate the liable parties.
- Collect evidence and testimony to prove liability.
- Communicate and negotiate with the defendant’s insurance carrier or lawyer.
- Represent you in court if necessary.
Your baby’s critical medical needs take priority over paperwork and insurance claims. Let us handle the little things. Call Preszler Injury Lawyers to find out how we can help you recover compensation that you might be entitled to receive.
Call us at 1-800-JUSTICE for a free, no-obligation consultation.
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Common Factors in a Birth Injury Case
The first step in a birth injury case is to prove the cause of the injury. If your healthcare provider or facility did not uphold an expected standard of care, your family may be entitled to compensation. A birth injury lawyer serving Etobicoke can help you recover compensatory damages in accordance with R.S.O. 1990, c. C.43, s. 116.
Whether it is due to negligence, abuse, or omission, medical errors in a birth injury case commonly include:
- Inadequate prenatal testing, especially if the mother was known to be at risk during pregnancy, labor, or delivery (for example, gestational diabetes)
- Improper use of anesthesia and/or labor-inducing drugs
- Misdiagnosis of in-utero conditions, including placental abruption, umbilical cord entrapment, premature membrane rupture, or infection
- Did not refer high-risk patients to specialists
- Insufficient monitoring during labor and delivery of mother and baby
- Improper use of assistive devices like forceps or vacuums
- Failure to perform a C-section when the situation called for one
- And more
In some cases, there may be more than a single cause for birth injury or trauma.
We Handle Many Types of Birth Injury Cases
Not all law firms accept birth injury cases. Preszler Injury Lawyers has the necessary staff and resources to fully evaluate your case and seek compensation from all liable parties if you qualify.
Some of the types of birth injury cases that we have accepted include:
- Cerebral palsy
- Erb’s palsy
- Caput succedaneum
- Klumpke’s palsy
- Facial paralysis
- Shoulder dystocia
- Skull injuries
- Brachial plexus injury
A birth injury lawyer can determine if you are entitled to compensation. You do not pay lawyer fees unless and until we successfully recover damages. For a free consultation, call 1-800-JUSTICE.
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Recovering Damages in a Birth Injury Case
Although the court could assess punitive damages in a birth injury case, the most common damages are those related to monetary and emotional losses.
These compensatory damages may include:
- Long-term care or long-term disability coverage
- Medical treatments not covered by government healthcare
- Lifecare costs
- Medical devices and adaptations, such as wheelchair ramps
- Lost wages
- Diminished earning ability due to childcare obligations
- Pain and suffering
A birth injury has physical, emotional, and financial consequences that affect your entire family. A birth injury lawyer serving Etobicoke can help you recover compensation and justice for you and your loved ones.
A Birth Injury Lawyer Determines Liability
Labor and delivery rooms are busy places. There are many people whose actions directly or indirectly may contribute to a birth injury. Preszler Injury Lawyers will break down the series of events and actions that led to your baby’s injury or trauma.
You are likely entitled to compensation if the following conditions of liability are met:
- Your medical provider(s) owed you a duty of care to take reasonable measures in preventing harm to you or your child;
- Your medical provider(s) breached this duty of care in some way, either through improper action, omission, or neglect;
- Your baby suffered a birth injury or trauma because of this negligence; and
- Your family now has damages directly caused by the birth injury.
Our birth injury lawyers will use evidence, testimony, and documentation to show liability. We will use medical reports, test results, subject matter experts, eyewitness accounts, and other material to support your claim.
We are ready to listen and to tell you if we can help you and your family. Call Preszler Injury Lawyers for a free consultation: 1-800-JUSTICE.
Who May Be Held Liable in a Birth Injury Case
A birth injury can be attributed to medical error or negligence in pregnancy, labour, delivery, or immediately after childbirth. There can be multiple defendants named in a birth injury legal action, including:
- Your obstetrician and other attending physicians
- Labour and delivery nurses
- Prenatal imaging technicians
- Midwife, if attending
Facilities such as hospitals and birthing centers may also be held accountable for their role in your child’s injury.
Call a Birth Injury Lawyer Serving Etobicoke
It is important to talk to a lawyer about your child’s birth injury as soon as possible. We want to make sure a delay will not affect or negate the evidence we need to establish liability. Our time to pursue justice is limited under the Limitations Act. Our birth injury lawyers can help you recover the compensation your family deserves.
For a free consultation with Preszler Injury Lawyers, call 1-800-JUSTICE today.