New Westminster Birth Injury Lawyer
If your birth plan didn’t turn out the way you expected, it is always worth taking a closer look at what happened. It can be incredibly frustrating trying to make sense of the series of delivery events when discussing the matter with hospital staff who are interested in safeguarding their reputation. A birth injury law firm can subpoena documents and gain access to internal logs to illuminate what happened and what should have happened. The Preszler team of New Westminster personal injury lawyers can help.
Birth Injuries A Lawyer Can Investigate
Suspicious newborn injuries include:
- Bone fractures of the clavicle or arm due to shoulder dystocia or physical trauma
- Overstretched or torn Brachial Plexus nerves affecting the shoulder, arm, and hand
- Brain damage from hypoxia, umbilical cord prolapse, placental abruption, or meconium aspiration
- Bruising from forceps or vacuums
- Cerebral palsy from anesthesia errors, hypoxia, delayed cesarean section, or failure to monitor
In 30-50% of these cases, damage to the newborn could have been prevented by more vigilant monitoring, appropriate use of surgical tools, diagnosing a dangerous situation or condition, timelier interventions, or adhering to a widely accepted standard of care. Preszler Law retains medical experts who can testify to what another reasonable person would have done in the attending nurse or doctor’s position.
What Compensation is Available to B.C. Families Affected by Birth Injuries?
A birth injury lawyer will work hard to secure maximum compensation that includes money for:
- Diagnostic imaging
- Doctor copays
- Hospital bills
- Lost wages (for caregivers and child)
- Medications
- Nursing care
- Occupational therapy
- Personal attendant care
- Physiotherapy
- Specialized equipment
- Surgery
Courts determine the amount of tangible loss by simply tabulating all available bills, records, and receipts. However, some of the compensation is also subjective. A percentage may be added on for “estimated future medical costs” and “future loss of wages or earning capacity.” Preszler Law retains the services of economists who can help forecast the real value of a lifetime of care.
Also, in addition to pecuniary damages, Canada allows for an estimated amount of “pain and suffering.” These damages account for some of the physical pain, loss of life expectancy, mental anguish, disfigurement, inconvenience, and loss of enjoyment in life. In the past, the Supreme Court of Canada has decided this amount should be limited to about $375,000.
Who Pays in A Birth Injury Lawsuit?
British Columbia allows plaintiffs to sue OBGYN practices, hospitals, birthing centers, medical doctors, nurses, anesthesiologists, midwives, pharmaceutical manufacturers, and other relevant service providers. These parties may be held directly liable for causing harm or “vicariously” liable for negligence in allowing a hazardous situation to persist. An experienced birth injury lawyer will be able to untangle the various degrees of liability to hold those responsible accountable.
Explore Your Legal Options with A Free Consultation
Preszler Law proudly serves more than 70,000 residents in Lower Mainland British Columbia with New Westminster personal injury lawyers who offer free, no-obligation birth injury lawsuit consultations and contingency-based legal service. Contact one of our nearby offices in Surrey, Burnaby, or Richmond for compassionate family advocacy.
