What damages can I claim in a birth injury lawsuit?
When a preventable medical mistake causes a birth injury, the emotional and financial impact on your family is immense. Pursuing a medical malpractice lawsuit in Ontario can help you secure the vital resources your child needs to live a comfortable and fulfilling life. At Gluckstein Lawyers, we fight hard to recover several types of damages on behalf of your family:
- Special Damages (Future Care and Financial Losses)
Raising a child with severe medical needs requires significant financial support. Special damages are designed to cover these lifelong costs. This compensation pays for future medical care, specialized therapies, and essential medical equipment. It also covers the cost of making your home and vehicles fully accessible, as well as any lost income if you must stop working to care for your child full-time.
- General Damages (Pain and Suffering)
Your child deserves justice for the physical pain and emotional suffering they have endured. General damages provide financial compensation for their loss of enjoyment of life. While money cannot undo the harm caused by medical negligence, it offers a measure of justice for the heavy burden placed upon your child.
- Family Law Act Claims
In Ontario, a birth injury affects the entire family. Under the Family Law Act, parents, grandparents, and siblings can claim damages for the loss of care, guidance, and companionship they experience. Families can also recover out-of-pocket expenses related to the child's care and injury.
Our Commitment to Full-Circle Care.
At Gluckstein Lawyers, our support extends far beyond the courtroom. Through our unique Full-Circle Care approach, our in-house medical consultants work closely with you to guide your child's long-term rehabilitation and care plans. We treat your family with profound compassion, empathy, and respect at every step of the legal process.
You do not have to carry this financial burden alone. If you suspect your child’s injury was caused by a medical error, contact our dedicated birth injury lawyers today. We offer a free, no-obligation consultation to discuss your legal options and help you protect your child’s future.
Expertise.
FAQs.
- My child suffered a birth injury 20 years ago. Is it too late to seek legal help?
- If your child suffered a birth injury 20 years ago, it may not be too late to seek legal help. Ontario laws allow exceptions for minors, disabilities, and late discoveries. Consult Gluckstein Lawyers to explore your options and understand the legal timelines for your case. Get More Information
- 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
- 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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