A birth injury involves any trauma to a fetus during delivery. Shoulder dystocia, cerebral palsy, Braxial plexus injury, facial paralysis, hypoxia, fractures, and hematomas are some of the most common birth traumas. While birth injuries are relatively rare in Canada, statistics are small consolation if your family is one of those affected by medical malpractice through no fault of your own. At Preszler Injury Lawyers, we’ve been advocating for our clients since 1959.
We place an enormous amount of trust in medical professionals. When they fail to abide by widely accepted industry standards, we can hold them liable in civil court to prevent similar misfortunes to others and receive financial assistance for losses. The Preszler team of Nanaimo personal injury lawyers have vast experience handling complex personal injury claims.
What Compensation Is Available to B.C. Families Affected By Birth Injuries?
Depending on your needs, our birth injury law firm may pursue claims for compensation related to:
How Much Is A Pain and Suffering Claim Worth in Canada?
In addition to the pecuniary damages, there are also allowances for “pain and suffering” damages to compensate for pain, loss of life expectancy, and loss of enjoyment in life. You may be familiar with the tens of millions granted in the U.S. However, the Supreme Court of Canada determined in Andrews v. Grand & Toy Alberta (1978) that there should be a cap of $100,000 for pain and suffering damages. When adjusted for inflation, this cap is now somewhere around $375,000.
When Is It Too Late to Pursue A Birth Injury Claim?
While every family’s situation holds its own set of facts, the general law in British Columbia is that the limitation period tolls while the child is a minor. The length of the limitation period, however, depends on the law in existence when the child was born.
For a child born in British Columbia before June 1, 2013: the limitation period is postponed until the age of majority is reached; the standard two-year limitation period allows until one’s 21st birthday to initiate a claim.
For a child born in BC after June 1, 2013: the new Limitation Act applies, postponing the limitation period indefinitely in cases where the child has been severely disabled and unable to manage his or her own affairs. In this case, a Litigation Guardian (usually the mother or father) is appointed to act on behalf of the child.
While it is almost never “too late” to contact a birth injury lawyer to investigate a medical malpractice claim, acting sooner rather than later is always ideal. Over time, it becomes harder to find witnesses and evidence to corroborate your story. Experienced Nanaimo personal injury lawyers retain a team of experts, including neurologists, obstetricians, neuroradiologists, and neonatologists to assess the care provided to you or your child from a professional standpoint.
Get Help for A Medical Malpractice Claim in Nanaimo
Preszler Law Firm offers you a free consultation with an experienced birth injury lawyer. We never pass you off to a paralegal. When you want a lawyer, you get a lawyer. If we agree to represent your case, you pay us nothing until we win a settlement or verdict on your behalf. Our firm retains a team of medical field experts that will help establish liability and increase the amount of your claim. We are accessible to over 90,000 residents in Nanaimo in our offices just across “the pond” in Richmond, Surrey, and Downtown Vancouver. If it is difficult for you to come to us, we’ll come to you. Call us to arrange a meeting.