Toronto Birth Injury Lawyers

Following a birth injury, it's only natural for parents to seek answers - wondering whether the injury was preventable and what went wrong. Unfortunately, uncovering the truth can be difficult without professional support. An experienced Toronto Birth Injury Lawyer can offer invaluable guidance, providing clarity and support during this devastating time.

Gluckstein Lawyers has significant experience handling birth injury cases and can assist you with your birth injury claim.

What Are Birth Injuries?

A birth injury is any harm done to the baby before, during, or right after delivery. Such injuries may arise from complications during pregnancy and labour or may be caused by medical negligence.

Common causes of birth injuries include:

• Difficult or prolonged labour
• Delayed caesarean sections
• Breached delivery
• Fetal distress
• Prematurity
• Oxygen deprivation (asphyxia) to the baby
• Use of forceps or vacuum for extraction

Types of Birth Injuries.

Many birth injuries result in brain damage, which is caused by the disruption of blood flow and oxygen to the infant's brain. In severe cases, this may lead to Cerebral Palsy, which is a permanent brain injury typically accompanied by severe motor dysfunction, cognitive impairment, and developmental delays. Cerebral Palsy will significantly impact the child's life, often requiring ongoing care, therapy, and in some cases, surgical interventions.

Other types of birth injuries include:

• Brachial plexus injury
• Erb's palsy
• Fetal and neonatal stroke
• Seizures
• Hypoglycemic injury (low blood sugar levels)
• Hypoxic-ischemic encephalopathy (HIE)

What Is Birth Trauma?

The term "birth trauma" is often used interchangeably with "birth injuries". However, birth trauma focuses specifically on the physical injury sustained at birth. Physical trauma can be caused by delivery complications or medical procedures. One of the main causes of physical trauma during birth is the improper use of medical instruments. This can include the use of forceps and vacuum extractors, which, when not properly applied, can cause injury such as nerve damage, fractures, or bruising to the infant. Additionally, prolonged or difficult labor can increase the risk of trauma to both the child and the mother, potentially causing issues such as oxygen deprivation or excessive tearing.

Emotional trauma, on the other hand, can stem from distressing or unexpected experiences during childbirth, leaving lasting psychological effects. Both forms of trauma highlight the importance of attentive and skilled medical care to minimize risks and ensure the safety and well-being of both parent and baby.

Types of Birth Trauma:

Common birth traumas include bruising, facial injuries, and fractures. Other forms of physical trauma can also occur, particularly due to shoulder dystocia, which is a complication of vaginal delivery where the baby's anterior shoulder gets stuck behind the mother's pubic bone after the head is delivered. Shoulder dystocia can lead to nerve injuries in the neck, shoulder, and arm.

Physical trauma from forceps and vacuum extractors is commonly due to medical negligence. These instruments will always exert some form of pressure on the infant. However, injury to the infant can be avoided when the instruments are used with precision and care.

How Do I Make a Birth Injury Claim in Toronto?

To make a birth injury claim in Toronto, start by consulting with an experienced personal injury lawyer who specializes in birth injury cases. They will assess your situation, help gather evidence such as medical records, and determine if negligence occurred during childbirth. Once negligence is established, your lawyer will guide you through filing a claim against the responsible party, which could include a hospital, doctor, or healthcare provider. Acting promptly is crucial, as there are time limits for filing such claims in Ontario.

Your lawyer will also work to negotiate a fair settlement or represent you in court if necessary. Negligence during childbirth can have serious and long-lasting consequences for both the mother and child. In addition to physical injuries, this type of medical malpractice can also result in emotional trauma and financial burden due to ongoing medical care and lost wages. It's important for individuals who have been affected by negligence during childbirth to seek legal assistance in order to receive proper compensation for their damages.

How Can a Toronto Birth Injury Lawyer Help?

A Toronto birth trauma lawyer can help if your infant has suffered a preventable birth injury. With expertise in birth injury law, Gluckstein Lawyers can help determine if you are eligible to file a birth trauma medical malpractice claim. We will provide reliable support during every step of the legal process.

We will first conduct a comprehensive review of the necessary medical records to determine whether the birth injury may have been preventable. Once we determine that the birth injury may have been preventable, we will move forward with your case and consult with highly qualified, respected medical experts to determine if there is a viable claim.

These professionals will determine if there was a breach of care, meaning the health care given did not meet reasonable expectations. They will also determine if these breaches of care caused your child's birth injury.

With this evidence, our personal injury lawyers will strive for the best possible outcome for your case. We will ensure you receive the compensation you deserve for your child's injury.

Why Should I Work with a Birth Injury Lawyer?

Working with a birth injury lawyer ensures that you have an experienced advocate on your side who understands the complexities of medical malpractice cases. They can provide invaluable guidance in gathering evidence, navigating legal procedures, and negotiating with insurance companies to ensure you receive the compensation you deserve. A skilled lawyer will fight to protect your rights and hold the responsible parties accountable, allowing you to focus on your recovery and the well-being of your family.

Birth injuries can have long-lasting physical, emotional, and financial effects on both the child and their family. In addition to seeking justice for these injuries, it is important to also ensure that the affected child receives proper medical care and support. This may include ongoing treatment, therapy, and other resources to help improve their quality of life.

In some cases, birth injuries can result in permanent disabilities or conditions that require lifelong care. It is crucial to factor in these future needs when seeking compensation for a birth injury case. A skilled birth injury lawyer will work with medical experts to determine the extent of the child's injuries and any potential long-term effects they may face.

What Does Birth Injury Compensation Cover?

Birth injury compensation aims to alleviate the financial and emotional burden placed on families by providing support tailored to their unique challenges. Beyond immediate medical needs, compensation may address future expenses, such as ongoing therapeutic interventions or advanced medical procedures that the child may require throughout their lifetime. It can also cover educational needs, including specialized programs or private tutoring designed to help a child overcome learning obstacles resulting from their injury.

For families requiring extensive modifications to their homes, such as wheelchair ramps or roll-in showers, compensation ensures that their living environment is safe and accessible. Additionally, parents or guardians who must leave the workforce or reduce their working hours to provide care for their child can recover lost income, safeguarding the family's financial stability.

Emotional distress, while less tangible, is an undeniable consequence of such situations, and compensation often includes provisions for the mental and emotional well-being of both the child and their family through counseling or support groups. Birth injury compensation is a comprehensive framework intended to provide the resources needed for long-term care, recovery, and an improved quality of life.

Contact a Toronto Birth Injury Lawyer Today.

Our Toronto birth injury lawyers dedicate themselves to helping families impacted by birth injuries. We combine fierce advocacy with the compassion required during this difficult time. Our team ensures that you and your family receive exceptional legal representation.

Gluckstein Lawyers has extensive experience in birth injury cases. With every case, our team tirelessly pursues justice and compensation on your behalf. Our commitment to full-circle care means you can trust us to guide you through the entire legal process.

Contact our Toronto birth injury lawyers at Gluckstein Lawyers today for your free consultation. We work on a contingency basis, which means you will never pay an upfront fee or any other expense unless you win your case.