My child suffered a birth injury 20 years ago. Is it too late to seek legal help?
Discovering that a medical error may have caused your child's birth injury years after the fact is a heavy burden to carry. You might naturally assume that too much time has passed to take legal action. However, it is often not too late to pursue a medical malpractice claim for an older birth injury in Ontario.
Understanding the Limitation Period.
In general, the standard limitation period to file a personal injury claim in Ontario is two years from the date the injury happened. Fortunately, the legal system recognizes that birth injuries are unique and provides crucial exceptions to protect vulnerable individuals.
Key Exceptions That Extend Your Time.
If you are considering an Ontario birth injury lawsuit, these special rules may give your family more time to seek justice:
- Extensions for Minors: The standard two-year countdown pauses for children. The legal clock does not officially begin until your child turns 18. This means a young adult typically has until their 20th birthday to file a claim.
- Permanent Disabilities: Birth injuries frequently cause lifelong conditions. If an individual has a severe permanent physical or mental disability and cannot manage their own affairs, the time limit to file extends indefinitely.
- The Rule of Discoverability: The legal timeline only starts when you reasonably discover that medical negligence actually caused the injury. If a specialist recently linked your child's developmental delays to their delivery, your timeline might just be starting.
Take the Next Step with Gluckstein Lawyers.
Because these timelines are incredibly complex, you should never assume your window for justice has closed. If you suspect medical errors harmed your child, contact Gluckstein Lawyers today. We provide a free, confidential consultation to review your story, answer your questions, and help you secure the lifelong support your family deserves.
Expertise.
FAQs.
- What is considered a birth injury in Ontario?
- In Ontario, a birth injury is harm a baby suffers during labour or delivery, often due to medical negligence. Common injuries include cerebral palsy, HIE, and nerve damage. Unlike birth defects, birth injuries occur during childbirth and may be preventable with proper medical care. Get More Information
- How do I file a complaint about a birth injury in Ontario?
- Filing a birth injury complaint in Ontario involves contacting the hospital's Patient Relations or the Patient Ombudsman for initial concerns. For issues with specific providers, reach out to regulatory colleges like CPSO or CNO. To seek financial compensation, consult a medical malpractice lawyer for guidance. Get More Information
- 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. Get More Information
- 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. Get More Information
- 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. Get More Information
- 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. Get More Information
- 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. Get More Information
- 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. Get More Information
- 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. Get More Information
- What other expenses are involved in an LTD claim?
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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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