How do birth injuries happen?

Birth injuries can arise from complications during labor and delivery, with significant impacts on both the child and the family. While some injuries are unavoidable due to unforeseen medical circumstances, others result from preventable errors. Common factors that contribute to birth injuries include prolonged or difficult labor, failure to recognize fetal distress, improper use of assistive devices like forceps or vacuum extractors, delaying necessary C-sections, or insufficient monitoring leading to a lack of oxygen (hypoxia) during birth. These errors can lead to conditions such as cerebral palsy, Erb’s palsy, or other forms of permanent disability.

When medical professionals fail to meet the expected standards of care, it may constitute medical negligence. Families affected by preventable birth injuries often face emotional distress, financial strain, and long-term care requirements for their child. Seeking legal assistance can help determine whether the injury could have been prevented and what options are available for obtaining compensation to cover medical costs, therapy, and specialized support.

If you believe medical negligence played a role in your child’s birth injury, it is important to act promptly. Contact Gluckstein Lawyers today to discuss your case. Our compassionate and experienced team is dedicated to advocating for families and securing the resources needed to move forward. Reach out for a free consultation to understand your rights and options.

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FAQs.

What damages can I claim in a birth injury lawsuit?
In an Ontario birth injury lawsuit, you can claim damages to secure your child’s future. Compensation typically covers the vital costs of lifelong care, specialized therapy, and essential medical equipment. At Gluckstein Lawyers, our compassionate Full-Circle Care approach ensures your family is fully supported. Contact us today for a free consultation to discuss your legal options.
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My child was diagnosed with CP. How can a lawyer help?
A cerebral palsy (CP) diagnosis changes your family's life. Gluckstein Lawyers can help by investigating your delivery for medical negligence and explaining your legal rights. We fight to secure the vital financial compensation required for your child’s lifelong care and support. Contact our compassionate birth injury team today for a free consultation to discuss your options.
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How do I find a birth injury lawyer who works on contingency?
If you need a birth injury lawyer who works on a contingency basis, look no further than Gluckstein Lawyers. We believe every family deserves access to justice, so we do not charge any upfront fees. You only pay if your case is successful. Contact our compassionate team today for a free consultation to discuss your legal options.
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Where can I find a birth injury lawyer in Toronto?
If you are looking for a trusted birth injury lawyer in Toronto, Gluckstein Lawyers is here to help. Based near the city centre, our dedicated medical malpractice team provides compassionate, full-circle care for families dealing with severe birth trauma. We offer free consultations to help you understand your legal rights and options moving forward.
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Who is the best birth injury lawyer in Ontario?
While it is hard to name just one "best" lawyer, Gluckstein Lawyers is a trusted leader in Ontario birth injury litigation. We offer expert, compassionate legal representation to families affected by birth trauma. Our devoted team fights hard to secure the compensation necessary to support your child’s lifelong care and honour their future needs.
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What causes birth injuries during delivery?
Birth injuries often result from difficult labor, unusual fetal positioning, or maternal health issues. Sometimes, medical errors occur, such as the improper use of delivery tools or delayed C-sections. If you suspect a medical mistake caused your child's injury, contact Gluckstein Lawyers for a free case assessment.
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Who Can Apply for the Canada Disability Benefit (CDB)?
To be eligible for the Canada Disability Benefit (CDB), the applicant must be between 18-64 years old, be approved for the Disability Tax Credit, and have filed income tax returns in the previous year.
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What other expenses are involved in an LTD claim?

Apart from legal fees, every case requires that the law firm incur certain expenses. Most expenses in an LTD claim are incurred in obtaining necessary information, including medical records, expert assessments, and reports from physicians and other healthcare providers. 

Other expenses will include court filing fees, process serving fees, and mediator fees. At the conclusion of a successful claim, we will seek to recover the above-mentioned expenses, known as ‘disbursements’, from the insurer. You will be responsible for the portion of expenses that are not recoverable from the insurer. Those expenses will be charged against your settlement or judgment. 

If we are unable to recover compensation for you, you will not be charged expenses.

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How much will my LTD claim cost me?

We will make reasonable efforts to resolve your long-term disability claim as quickly and cost-effectively as possible. 

Our team of  lawyers will review your long-term disability insurance policy when handling your LTD claim. We will also check your collective agreement if you are a union member. 

Additionally, we will look at the insurer’s claim file. We will examine the medical evidence and other facts supporting or weakening your long-term disability claim. We will also address the legal issues that need consideration. 

You usually pay fees, and applicable HST on fees, after the LTD claim ends. Whether you are required to pay fees will depend on the outcome of your claim. If you recover compensation through a settlement or judgment, a money fund will exist and legal fees will be payable out of that fund. If we are unable to recover compensation for you, no legal fees will be payable. 

If you are successful with your claim, the insurance company will pay a part of your legal bill as ‘costs’, effectively reducing the amount of fees that you owe to our firm. 

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What happens if I delay disputing an insurance company’s denial of long-term disability benefits?

If you wait too long to challenge an insurance company’s denial of your long-term disability benefits, you could lose your right to sue the insurer. This is one reason, among many, why it is essential to contact a lawyer immediately following a denial or termination of benefits.

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