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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.

1321 Blanshard Street
Suite 301,
Victoria, BC
V8W 0B6
Fax: 778-373-8213
Toll Free: 1-877-572-1324
4720 Kingsway
Suite 2600,
Burnaby, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-877-572-1324
5811 Cooney Road
Suite 305 South Tower,
Richmond, BC
V6X 3M1
Fax: 778-373-8213
Toll Free: 1-877-572-1324
7164 120th Street
Suite 202,
Surrey, BC
V3W 3M8
Fax: 778-373-8213
Toll Free: 1-877-572-1324
1631 Dickson Avenue
Suite 1100,
Kelowna, BC
V1Y 0B5
Fax: 778-373-8213
Toll Free: 1-877-572-1324
1075 West Georgia Street
Unit 825,
Vancouver, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-877-572-1324
*These are consultation offices that require a booked meeting in advance. Walk-ins are not allowed.

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and unrelated third parties. Please note that the purpose of this disclaimer is to ensure that the usage of our spokesperson, John Fraser, or any other non-lawyer/paralegals in our legal marketing is not to be construed in any way as misleading to the public. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to management. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Please note that some of the content on this website may be out of date and no longer relevant after May 2021. For additional clarification on legal questions please contact our law firm and book a consultation with a member of our legal team.