Birth Injury Lawyers

Birth Injury Lawyers - Gluckstein LLP

About our Birth Injury team

At Gluckstein Lawyers, our birth injury practice is dedicated to supporting families through some of the most challenging times in their lives. We leverage extensive legal expertise and a compassionate approach to ensure that affected families receive the justice and compensation they deserve.

Our Birth Injury Lawyers Get the Answers You Deserve

Our team is highly adept at handling a wide range of birth injury cases including cerebral palsy, hypoxic ischemic encephalopathy (HIE), kernicterus, and brachial plexus injuries. We have a longstanding commitment to advocating on behalf of our clients with unwavering dedication. By choosing an experienced Gluckstein Lawyers birth injury lawyer, you are entrusting your case to a legal team who prioritize your family's well-being and fight for your rights every step of the way.

Testimonials.

It is an honour to represent our clients and their families to help them come to a resolution, and we are grateful to have played a part. It is their stories of resiliency that inspire us to continue advocating on behalf of injured victims. Here are their stories, and we hope they inspire you.

  • The Barnes-Sutherland Family

    There are no words to express the overwhelming feeling of gratitude our family has for this team. This has been a long fight for Noah's future. We could not have been more blessed to have you all in o...
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  • The Thomson Family

    "During a very trying time and after contacting numerous law firms with no response, the moment we spoke to Bernie we felt like we were in the right hands."
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Recognized leaders in the
complexities of birth injury cases


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Feb 14, 2025, 16:30 by JT Kent
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Gluckstein Lawyers – Birth Injury Expertise

At Gluckstein Lawyers, our team of birth injury lawyers understand the complexities of birth injury cases and are here to support you through every step of the legal process.

If you suspect that your baby has experienced a preventable birth injury, our team is dedicated to helping you determine the facts and seek the justice you deserve. Your legal journey with us begins with a no cost initial consultation, during which we will discuss the obstetrical history and the circumstances surrounding your situation. We meticulously gather and review all relevant medical records, including antenatal, labor and delivery, fetal heart tracings, and newborn records, at no cost to you.

Should concerns arise during this review, we engage highly trained medical experts to assess whether there was a breach of the standard of care and establish causation for the birth injury. With their expert support, we build a robust case to pursue compensation for your child and family, aiming to provide necessary justice and financial support. Our experienced birth trauma lawyers in Toronto, Ottawa, and Niagara, Ontario are well-versed in handling such intricate cases and will tirelessly advocate for your family's rights.

Birth Injury Lawyers

 

With our expert team of birth injury and birth trauma lawyers practicing almost exclusively in this area of personal injury law, our firm is expertly equipped to represent families who have a baby who has suffered serious birth-related injuries.

 

Compassionate Legal Advocacy When You Need It Most.

As a long-standing expert in the areas of birth injury and birth trauma law, Richard Halpern champions compassionate advocacy through his legal expertise by advocating for families with empathy, dignity, and a deep commitment to seeking justice.

Frequently Asked Questions

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.

What is Hypoxic Ischemic Encephalopathy (HIE)?

Hypoxic Ischemic Encephalopathy (HIE) is a brain injury caused by oxygen deprivation (hypoxia) and reduced blood flow (ischemia) to the brain, typically occurring around the time of birth. HIE can be caused by factors such as complications during childbirth, umbilical cord issues, placental abruption, maternal infections, fetal distress, or other conditions that restrict oxygen supply to the baby's brain.

What are the long term effects of birth injuries?

Birth injuries can have lasting effects on a child's health and well-being, leading to various long-term consequences such as:

  • Physical Disabilities: Birth injuries like cerebral palsy, Erb's palsy, or brain damage can result in long-term physical disabilities that may affect mobility, coordination, and overall physical function.
  • Cognitive Impairments: Some birth injuries can impact cognitive development, leading to learning disabilities, developmental delays, or intellectual impairments that persist into adulthood.
  • Emotional and Behavioral Challenges: Children who experience birth injuries may face emotional and behavioral challenges such as anxiety, depression, attention deficit hyperactivity disorder (ADHD), or other mental health conditions.
  • Chronic Health Conditions: Certain birth injuries may predispose individuals to chronic health conditions like epilepsy, respiratory problems, vision or hearing impairments, and other ongoing medical issues.
  • Social Impact: Birth injuries can influence social interactions and relationships, potentially leading to feelings of isolation, difficulties forming connections, or challenges in social integration.
  • Educational Needs: Children with birth injuries may require specialized educational support, individualized learning plans, or assistive technologies to accommodate their unique needs and facilitate academic progress.
  • Financial Burden: The long-term effects of birth injuries can impose a significant financial burden on families due to healthcare expenses, therapy costs, assistive devices, and ongoing care requirements.

Understanding the potential long-term effects of birth injuries is essential for parents, caregivers, and healthcare providers to ensure early intervention, appropriate treatment, and necessary support to help children thrive despite the challenges they may face. If you suspect that your child has suffered a birth injury, seeking medical evaluation and legal guidance promptly can help address the long-term implications effectively.

Who can be sued for a birth injury caused by medical negligence?

In cases of birth injury resulting from medical negligence in Ontario, various entities may face legal action, including:

  • Healthcare Providers: This category encompasses obstetricians, midwives, nurses, and other healthcare professionals directly engaged in prenatal care, labor, or delivery services.
  • Hospitals or Medical Facilities: The institution where the birth injury occurred could be deemed liable, particularly if their policies, practices, or inadequate equipment contributed to the negligent circumstances.
  • Medical Staff: Individual healthcare workers whose actions or oversights led to the birth injury can be held accountable.
  • Pharmaceutical Companies: If medication or medical devices played a role in the birth injury due to defects or improper use, pharmaceutical companies might be implicated in the legal proceedings.
  • Third Parties: External entities such as medical equipment manufacturers, maintenance contractors, or other involved parties in the birthing process that contributed to the negligence leading to the birth injury.

To ascertain responsibility in cases of birth injury caused by medical negligence, a comprehensive investigation, legal acumen, and collaboration with medical experts are essential. If you suspect that your child has suffered a birth injury due to medical negligence, seeking guidance from a specialized birth injury lawyer in Ontario is recommended. They can assess your situation, identify the responsible parties, and assist you in navigating the legal process to pursue rightful compensation

Why should I hire an Ontario birth injury lawyer?

Hiring a birth injury lawyer in Ontario can be crucial for several reasons:

  • Legal Expertise: Birth injury cases can be complex, and an experienced lawyer specializing in this area understands the laws and regulations specific to birth injuries.
  • Maximizing Compensation: A skilled lawyer can help you seek the maximum compensation you deserve for medical expenses, ongoing care, pain and suffering, and other damages.
  • Investigation and Evidence Gathering: A lawyer can conduct a thorough investigation, gather evidence, and consult with medical experts to strengthen your case.
  • Navigating the Legal Process: The legal process  can be overwhelming, but a lawyer will guide you through each step, ensuring your rights are protected.
  • Peace of Mind: By entrusting your case to a knowledgeable lawyer, you can focus on your family while knowing that your legal matters are in capable hands.

What is the deadline for filing a birth injury claim?

In Ontario, there are limitations on how long you have to file a birth injury lawsuit, known as the statute of limitations. It's crucial to consult with a lawyer promptly to understand your legal options and ensure timely action is taken to protect your rights.

For personalized guidance on your specific situation, we recommend reaching out to a reputable birth injury lawyer in Ontario for a consultation.

What type of cases do birth injury lawyers take on?

Birth injury lawyers in Ontario handle a wide range of cases, including but not limited to:

What is a birth injury lawyer?

A birth injury lawyer is a legal professional who specializes in cases where an infant has been injured during the birthing process due to medical negligence or malpractice. These lawyers have a deep understanding of the complex medical and legal issues involved in birth injury cases and work to help families receive compensation for the physical and emotional damages suffered. Birth injury lawyers can assist with cases involving various types of birth injuries.

If you're considering a medical negligence lawsuit following a birth injury, a specialized lawyer in this field can provide meaningful advice and direction after reviewing the medical records and the specifics of the case.

What are common examples of nursing errors?

Common nursing errors include medication mistakes, improper documentation, failure to monitor patients, obstetrical monitoring errors, and neglecting to inform the medical team when needed. These errors can lead to serious consequences, highlighting the importance of proper care and communication in healthcare settings.

When is it not appropriate to use forceps or vacuum extraction?

Forceps and vacuum extractions are not recommended: for women less than 34 weeks pregnant; when the baby has a condition affecting bone strength; when the position of the baby’s head is not known; when the head had not reached and passed the midpoint of the birth canal; when the baby’s arms, feet, shoulders or buttocks are leading the way down the birth canal.

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