Mississauga Birth Injury
While some birth injuries are unavoidable, many are the result of mistakes made by physicians, nurses, and other healthcare professionals during delivery.
We know how painful it is to find out that negligence or a mistake caused your baby’s birth injury. While physicians and medical professionals are humans and can make mistakes, they should still be held responsible for those mistakes.
If you believe that your child’s birth injury was the result of medical error or sheer negligence, contact Preszler Injury Lawyers at 1-800-JUSTICE for a free, no-risk initial consultation. A birth injury lawyer serving Mississauga on our team may be able to help guide you through the complex legal process from beginning to end.
We Have Handled All Types of Birth Injuries
Numerous injuries could occur during fetal development and birth. Birth injuries can occur when:
- The baby is large.
- The baby is born prematurely.
- The size or shape of the birth canal or pelvis makes delivery difficult.
- The mother is overweight.
- The baby is delivered using devices like forceps or a vacuum.
- The baby is not head-first in the birth canal.
These factors can lead to numerous injuries, including:
Cerebral Palsy
Cerebral palsy occurs when the brain is developing and can happen before, during, or after birth. This condition can also occur as a result of an injury that occurs during birth.
Shoulder Dystocia
A baby’s shoulder becoming caught on the pelvic bone can cause numerous injuries, including brachial palsy, which results from an injury to the nerves in the baby’s shoulder. If the injury only caused bruising and swelling around the nerve, movement should return in a few months. However, if the nerve is torn, it can cause permanent damage.
Injuries to Facial Nerves
If the doctor exerts too much force while using forceps during delivery, damage to the facial nerves can occur. It can cause full or partial paralysis of the face, which, if severe, may require surgery to repair.
Fractures of the Clavicle or Collarbone
During difficult labours, a baby can fracture its collarbone or clavicle. A baby with a fractured clavicle rarely moves the arm on the side of the break. However, healing can occur quickly, and limiting movement with a bandage or splint can reduce any pain.
Caput Succedaneum
This condition refers to significant swelling of the soft tissues of a baby’s scalp and usually develops as the baby travels through the birth canal.
These are just a few of the possible birth injuries that your family may be facing after the delivery of your child. If you suspect that your child’s condition was caused by an injury that occurred at birth because of the negligence or mistake of your physician or another healthcare provider, contact Preszler Injury Lawyers. We offer a free initial consultation where our birth injury lawyers serving Mississauga may evaluate your case and help you explore options for recovering damages related to your child’s injuries. Contact us today at 1-800-JUSTICE.
How the Statute of Limitations May Impact Your Case
Ontario’s Limitations Act places a limit on the amount of time that a person has to file a lawsuit after being injured. If you do not file within that amount of time—usually two years from the date of the injury—you are generally barred from recovering compensation.
However, there are exceptions to this.
First, it is important to know that the two-year limitation does apply to birth injury claims. The child’s status as a minor delays the start of the limitation period. This delay means that the limitation period begins on the day the child reaches the age of 18 or until a litigation guardian is appointed in relation to the claim.
The limitation period may be delayed even further depending on the child’s physical, mental, or psychological condition. The limitation period would begin when the incapacity is removed or when a litigation guardian is appointed.
How a Birth Injury Lawyer Serving Mississauga May Be Able to Help
Birth injury claims are highly complex. A birth injury lawyer may be able to help guide you through the process of pursuing compensation for your damages. We may be able to:
Help You Understand Your Options
We may be able to help you understand the issues involved in your case and offer advice regarding the timing of your lawsuit, as well as what options you have for recovering compensation.
Investigate Your Claim
One of the benefits of working with a birth injury lawyer is getting immediate access to their network of experts. At Preszler Injury Lawyers, we have access to an expansive network of subject matter experts, including physicians who can testify to the standard level of care that you should have received during your delivery. We may gather evidence like medical records and required medications to prove liability and demonstrate the extent of your child’s injuries.
Negotiate on Your Behalf
We may negotiate with the insurance company to pursue a fair settlement in your case. We may review medical expenses, receipts, out-of-pocket costs, and other documents to estimate the value of your claim in order to build a strong case and pursue a settlement for your family’s injuries. We may be able to pursue damages such as medical expenses, lost wages from time you have spent at home with your child, pain, and suffering, and other damages if you qualify.
To get started today and find out what options you may have for recovering compensation in your case, contact Preszler Injury Lawyers at 1-800-JUSTICE. We offer a no-risk, free initial consultation. A birth injury lawyer serving Mississauga on our team is standing by and ready to help.