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Birth Injury
Having a baby is an exciting time, an event that should be filled with great joy. Every expectant parent has dreams of a life full of accomplishment and happiness for their child. While most children are born healthy, a small number of newborns suffer injury at or near the time of birth. These traumatic birth events are devastating for every parent. Once the initial shock has started to wear off, most parents want to know what happened to their baby. Questions arise about why their baby was injured, and whether the injury could have and should have been prevented. This is the time to turn to a Birth Injury Lawyer for help. Finding the answers to these questions can be difficult. An experienced Birth Injury Lawyer can help answer these questions for parents. As personal injury lawyers with considerable experience in Birth Injury cases, we are here to help. If you have any questions about Birth Injuries, we may be able to help you find the answers.
What are birth injuries?
Most Birth Injuries are related to a disruption in blood flow to the baby’s brain, although other forms of trauma also occur at or around the time of birth. Injury to the baby’s brain from impaired blood flow to the brain can occur before labour, during labour and delivery, or shortly after birth. If severe enough, the impaired flow of oxygen can cause permanent injury to the baby’s brain, resulting in a diagnosis of cerebral palsy. Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of their lives. They will have need for care, therapies and surgical interventions, often for life.
Other injuries from physical trauma can also occur, most notably from shoulder dystocia, resulting in injury to the nerves in the neck, shoulder and arm. Other forms of Birth Trauma are described below.
Types of birth injuries
Some examples of birth injuries would include:
- Cerebral Palsy
- Brachial Plexus Injuries
- Erb’s Palsy
- Fetal & Neonatal Stroke
- Hypoglycemia leading to brain injury
- Hypoxic Ischemic Encephalopathy (HIE)
- Kernicterus (brain injury) from Hyperbilirubinemia
- Meconium Aspiration Syndrome
- Negligent Resuscitation of a Newborn
- Newborn Infections
- Periventricular Leukomalacia (PVL)
- Seizures
- Trauma from Forceps & Vacuum
What our birth trauma lawyers can do
If you think your child or grandchild has suffered a Birth Injury that might have been preventable, we can help make that determination. We start by meeting with you to get the facts. We then obtain all the relevant medical records and perform a detailed and comprehensive review. Where indicated, we will consult with highly qualified, respected and independent doctors to get the answers you need and deserve.
Consultation
There is no fee charged for your initial consultation about your Birth Trauma case. In our first meeting, we will carefully discuss the relevant obstetrical history as well as the circumstances surrounding labour and delivery. We will obtain the antenatal records, the labour and delivery records, the fetal heart tracings and the newborn records, at no cost to you. Following our careful analysis of those records, we will again meet with you to discuss our findings and move your case in the right direction, again at no cost to you.
Investigation
If concerns are identified, following our review of your Birth Trauma case and our meeting with you to discuss the records and issues, we will consult with highly trained medical experts. We seek support from these medical experts to demonstrate that the care provided did not lead up to reasonable expectations – called a breach of the standard of care. We also seek medical support to prove that the failure to provide proper care resulted in your child’s Birth Injury – called “causation”. Once we have the required expert support to establish your case, we can proceed with a claim for compensation for your child and your family.
Building the case
The goal of a Birth Trauma medical malpractice claim is to get your child and your family the justice and compensation you deserve for an injury that should have been avoided. The economic and emotional burden of caring for a child injured by Birth Trauma is enormous. All affected families are in need of substantial assistance. Your Birth Trauma Lawyer must ensure all the required steps are taken to get the compensation you deserve. These cases are complex and usually take many years to prosecute. Due to the complexity of these cases, it is important that you select a Birth Trauma lawyer with both experience and credentials
Contact a birth injury lawyer today
If you and your family have been affected by Birth Trauma, Gluckstein Personal Injury Lawyers can help you. We have a team which includes lawyers, clerks and a client liaison who herself has experienced the entire process of a birth trauma case. Our birth injury lawyers in Toronto, Ottawa, and Niagara, Ontario have vast experience in these cases and will tirelessly advocate for your child and your family.
Contact us for a free consultation today.
How long do I have to file a lawsuit if I suspect my child has sustained a birth injury or perinatal injury?
Typically, in Ontario, you have two years from the day which the injury occurred, or the day you discovered that the injury had occurred, to bring a lawsuit for a personal injury claim. In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the lawsuit.
It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful to learn about your legal rights early.
How will I find out what happened to my child?
Our lawyers will use a combination of resources to determine what happened in the context of a birth or perinatal injury. We will start the investigative process by obtaining the medical records and by gathering information from our clients. We will then seek out the most appropriate medical and non-medical experts to interpret and provide opinions and expertise as to whether there was a breach of the standard of care, whether that breach caused the injuries suffered, and the extent of the injuries suffered. Throughout the litigation process, we will receive further evidence as to what happened through the exchange of documents between parties and through the Examination for Discovery process.
What will legal action cost? What will I have to pay?
Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation.
Related Expertise.
FAQs.
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What causes seizures right after birth?
The underlying causes of neonatal seizures vary. They include:
- Lack of oxygen before or during birth;
- Infection acquired before or after birth;
- Stroke before or after birth;
- Blood clot or bleeding in the brain;
- Birth defects;
- Chemical imbalances;
- Metabolic disorders;
- Drug withdrawal.
About half of babies who experience seizures after birth will develop epilepsy later in life.
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Can birth trauma cause seizures?
Yes. Brain injury from birth trauma can cause a variety of types of seizures. However, it is important to note that seizures and seizure disorders are different. Many babies who experience seizures in the first weeks after birth will stop seizing after a period. In other cases, conditions such as epilepsy can be permanent. -
Do babies recover from Meconium Aspiration?
Yes, many cases fully resolve with prompt treatment. If treatment is not successful or if it is initiated too late, a baby may sustain permanent injury. -
Which are major complications of Meconium Aspiration Syndrome in the newborn?
Persistent chemical irritation of airways by meconium creates inflammation in the lungs that may cause long-term respiratory problems, including:
- Severe asthma-like symptoms;
- Hindered growth;
- Being prone to viral or bacterial pneumonia.
Oxygen deprivation from meconium aspiration can also lead to brain injury which can cause:
- Seizures;
- Hypoxic-ischemic encephalopathy;
- Cerebral palsy;
- Strokes.
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Can Meconium Aspiration cause long term effects?
Unfortunately, if it is not treated early, meconium aspiration can lead to permanent injury, including conditions such as cerebral palsy. -
Can you fully recover from Erb's Palsy?
Yes! Between 80 to 96 percent of children with Erb's Palsy make a complete recovery. If improvement begins within the first two weeks post-birth the prognosis is especially good. -
Can Erb's Palsy occur after birth?
While the vast majority of cases of Erb's Palsy occur at or around birth, the condition can onset at any age if the brachial plexus nerves are stretched or damaged.
Some post-birth causes include:- Contact sports;
- Trauma from motor vehicle accidents;
- Violence including bullet wounds, falls, and tumours.
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What are three early signs of Cerebral Palsy?
Three possible indications of cerebral palsy are
- Developmental delays;
- Abnormal muscle tone; and
- Abnormal posture.
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Can birth complications cause Cerebral Palsy?
While most cases of cerebral palsy relate to injuries sustained in the womb, about one in five cases occur due to difficult deliveries. Lack of oxygen during birth is believed to be the cause of most of these injuries. -
What is the recommended treatment for a brachial plexus injury?
Mild cases may not require treatment while less severe cases may require daily physical therapy by parents. For more serious injuries, a baby's treatment will likely include neurology, neurosurgery occupational therapy, orthopedic surgery, physical therapy and rehabilitation. -
How does brachial plexus injury occur during birth?
Brachial plexus injuries occur when a baby's neck is stretched during delivery. It more frequently occurs if the birth is complicated by a breech (bottom-first) delivery, the mother has a very long labor, the baby's shoulders are too wide to fit through the birth canal, or medical extraction equipment such as vacuums or forceps are used. -
What should I do if my child has been injured?
Seek medical attention immediately. If possible, take photos of the scene of the accident, collect contact information of witnesses, and record your own observations or what your child can tell you about what happened. Speak to a pediatric injury lawyer as soon as possible to ensure your rights and your child's rights are protected.
-
What will legal action cost? What will I have to pay?
Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation. We believe that you should not need to be independently wealthy to access justice for harm caused to you.
-
How will I find out what happened to my child that caused a birth injury?
Our lawyers will use a combination of resources to determine what happened in the context of a birth or perinatal injury.
We will start the investigative process by obtaining the medical records and by gathering information from our clients.
We will then seek out the most appropriate medical and non-medical experts to interpret and provide opinions and expertise as to whether there was a breach of the standard of care, whether that breach caused or contributed to the injuries, and the extent of the injuries suffered.
Throughout the litigation process, we will receive further evidence as to what happened through the exchange of documents between parties and through the Examination for Discovery process.
-
How long do I have to file a lawsuit if I suspect my child has sustained a birth injury or perinatal injury?
Typically, in Ontario, you have two years from the day which the injury occurred, the day you discovered that the injury had occurred, or the date you ought to have reasonably known about the injury to bring a lawsuit for a personal injury claim. In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the lawsuit.
It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful to learn about your legal rights early.
-
What do our birth trauma lawyers do?
If you believe your child or grandchild has suffered a preventable birth injury we can help make that determination. We start by meeting with you to get the facts. We then obtain all the relevant medical records and perform a detailed and comprehensive review. Where indicated, we will consult with highly qualified, respected and independent doctors to get the answers you need and deserve.
-
What are birth injuries?
A birth injury is harm caused to a fetus or newborn baby during pregnancy, labour, delivery or in the period shortly after birth. Most birth injuries are related to a disruption in blood flow to the fetal brain, although other forms of trauma also occur at or around the time of birth. If severe enough, the impaired flow of oxygen can cause permanent injury resulting in a diagnosis of Cerebral Palsy.
Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of a person's life. They will have need for care, therapies and/or surgical interventions, often for life.
Other common birth injuries include:
- Shoulder dystocia;
- Fetal and neonatal stroke;
- Kernicterus;
- Meconium aspiration syndrome;
- Negligent resuscitation of a newborn;
- Trauma from extraction tools.
Testimonials.
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The Thibaudeau Family
"By the grace of god, we met Charles. They are professional, empathetic, kind, understanding, and the BEST at what they do." -
The Thomson Family
"Utilizing a very thorough, yet low risk approach, we were kept fully informed and offered counsel and advice every step of the way." -
The Jennings Family
"At one of the most difficult times of our lives, we were reassured by our lawyers’ deep knowledge and expertise as well as their genuine compassion for our family. "
Team.
Blog & News.
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Gluckstein Lawyers is Proud to Welcome James Newland and Brian Moher
Industry leading personal injury law firmGluckstein Lawyers continues in its drive to become an industry leader in the field of catastrophic injury and medical malpractice and are proud to welcome sen...Read More -
Our New Website Positions Gluckstein Lawyers as a ‘Thought Leader and an Information Provider’
Websites have proven their worth as a means to establish an online presence. They are the virtual storefronts of a business enterprise with the chief aim of converting visitors to consumers. A website...Read More -
A Duty of Care to a Non-Existent Person?
Proving that a doctor owes a duty of care to their patient is a fundamental part of a medical malpractice case. Where there is no duty of care, there can be no liability for damages.Establishing that ...Read More -
Learning About and Living With Cerebral Palsy
The human brain is a marvel of complexity. Consisting of 100 billion neurons, each of them connected to 10,000 others, it has been described as the most complicated object in the known universe.[i] A...Read More -
Living With The Emotional Fall Out of Personal Injury
People who have suffered a personal injury due to the carelessness or actions of others not only suffer from physical injuries but also emotional wounds and feelings of injustice, which often remain l...Read More -
Halpern "Never Lets Guard Down" When it Comes to Birth Injury Cases
Medical malpractice is perhaps the most demanding area of personal injury law, and few know that better than Richard Halpern of Gluckstein Personal Injury Lawyers. For Halpern, a senior lawyer at the...Read More
Podcasts & Videos.
Guides & Papers.
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Paper
Fetal surveillance in labour, a review of SOGC 2020 Guideline 396
Oversights, omissions and opportunities squanderedIn March 2020, the Society for Obstetricians and Gynecologists of Canada (SOGC) delivered Guideline 396 relating to fetal surveillance in labour (here...Read More
Awards.
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BILA Member Bila Member BILA was formed in 2016 by lawyers with considerable experience in birth injuries cases to better serve their young clients and their families. 2022
Tell us about your accident or injury. We can help.
At Gluckstein Personal Injury Lawyers, the initial meeting is free and without obligation on your part – and we never charge you legal fees until your claim is settled.