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Victoria Birth Injury Lawyer

Medical negligence within the health care setting is unacceptable when it affects a newborn infant. British Columbia law considers medical negligence when a professional fails to do what another “reasonable” professional would do in the same circumstances– causing harm to a patient. Medical negligence encompasses diagnosis, advice, counseling, and treatment. When a doctor fails to perform the requisite standard of care to the extent harm comes to your precious newborn, Victoria B.C. residents can count on birth injury law firm Preszler Law for advocacy.

Examples of Birth Injuries

  • Medical negligence related to diagnosis may occur if an OBGYN doctor fails to recognize and diagnose preeclampsia, given obvious signs of hypertension and edema.
  • Medical negligence related to counseling may occur if a woman who has had three previous cesarean births is allowed to try for vaginal delivery, when a fourth cesarean birth would have been prudent to prevent uterine rupture and maternal death.
  • Medical negligence may occur when a patient has not been sufficiently advised on her condition and treatment to reduce risk. For instance, after an episiotomy, a woman should not be left alone to visit the restroom, for risk of dizziness and passing out.
  • Treatment-related negligence can occur when a wrong medication is administered, the vital signs of mother and baby are not monitored, or routine visits are not made while the mother is in labor.

Common reasons to litigate with the help of Victoria personal injury lawyers include:

  • Delayed cesarean section
  • Errors of omission in screening and diagnosis
  • Failure to monitor and intervene in a timely matter
  • Neurological impairments
  • Neonatal encephalopathy
  • Shoulder dystocia with brachial plexus injury or hypoxic injury
  • Stillborn or neonatal death
  • Vaginal birth after cesarean section complications

Who Is Liable For A Birth Injury?

Doctors have a legal requirement to use their knowledge and skills to ensure patients do not suffer preventable harm. This duty of care extends to any doctor with whom the patient has had previous contact with, any doctor currently on call to the specific patient, and all the medical institutions providing care. A birth injury lawyer seeks to prove that a duty of care existed between a particular doctor or facility and the plaintiff patient, demonstrate how a breach of duty occurred, show the full extent of the plaintiff’s current and future injuries, and prove that the injuries were likely to have resulted from that breach of care.

What Damages Are Available In A Birth Injury Medical Malpractice Lawsuit?

Damage refers to a loss which a patient has suffered following a breached duty of care. Damages can be physical or emotional, tangible or estimated, and include: lost wages, medical bills, pain and suffering, or reduced quality of life. A birth injury lawyer will help you assemble all the records you need to prove your claim. At Preszler Law, we also retain a number of medical experts and economists who can help build a case for maximum compensation.

Where To Find The Best Victoria Birth Injury Lawyer

Preszler Law offers free, no-obligation counseling to all Victoria families affected by a birth injury. Our Victoria personal injury lawyers proudly serve all of Victoria from our downtown office at 1321 Blanchard Street, Suite 301. If you decide to fight for a higher settlement offer or jury award and we agree to represent you, there is no money owed until the case resolves successfully in your favor. The percentage we accept for payment is regulated by law, and you pay us nothing if you do not win. Since our firm was founded in 1959 in Ontario, we have been committed to skilled customer service, compassion, and integrity.


1075 West Georgia Street
Unit 800,
Vancouver, BC
V6E 3C9
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
7164 120th Street
Suite 202,
Surrey, BC
V3W 3M8
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
4720 Kingsway
Suite 2600,
Burnaby, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-877-572-1324
1321 Blanshard Street
Suite 301,
Victoria, BC
V8W 0B6
Fax: 778-373-8213
Toll Free: 1-877-572-1324
2655 Clearbrook Road
Suite 260,
Abbotsford, BC
V2T 2Y6
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.

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