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"Birth Injury" refers to infants during pregnancy, labour, delivery, or the post-delivery period. The injury often involves the brain. This can be diagnosed soon after birth, or there may be a delay before it is recognized. Birth injuries can lead to permanent disabilities.
Cerebral palsy (CP) refers to a disorder of the brain that can impact movement, muscle tone, and posture. CP is caused by damage to the brain. This could be related to a lack of oxygen, or another type of injury to an infant's brain either before birth or shortly after. A diagnosis of CP can occur later in a child's life. Call a medical malpractice lawyer to understand whether the CP may have been related to obstetrical malpractice.
Obstetrical negligence typically refers to errors either before, during, or immediately after the delivery of a child. Obstetrical negligence can result in severe injuries with long-lasting impact.
Hypoxic ischemic encephalopathy (HIE) generally refers to brain damage caused by a lack of oxygen. A severe lack of oxygen is called "hypoxia." Depending on the severity of the HIE, the infant can suffer from developmental or cognitive delays, motor impairment, and potentially ongoing seizures.
Birth-related hypoxia should be investigated by a qualified medical malpractice lawyer, including a complete review of the medical records and brain imaging.
A perinatal stroke is a neurologic syndrome that is caused by brain injury at some point prior to or shortly after birth. To understand the cause of a stroke, it is important to review the timing of the condition and the subtype of the stroke.
Hypoglycemic brain injury occurs when the infant's brain does not have enough glucose. To understand whether the injury was preventable, it is important to review the full clinical condition of the infant, the timing of the symptoms, the brain imaging, and of course any intervention that did occur.
Kernicterus is a type of brain damage that can occur in a child with severe jaundice. The injury occurs when the bilirubin levels in the blood become too high and spread into brain issue. It is important to investigate every instance of kernicterus.
A case is as unique as the individual, and we recognize that the legal process can at times be a long and difficult emotional journey. We are here to help you on the road ahead.
To determine if you have a case, it is important for any lawyer to review the relevant medical records and to consult with experts. If your child has suffered a significant injury and you are concerned about the care provided, call us for a free consultation.
A birth injury lawyer is a personal injury lawyer with unique expertise in birth injury claims. Birth injury claims are considered a form of medical malpractice, which is a particularly challenging and complex part of personal injury law. The lawyers that work in medical malpractice must have specialized knowledge relating to medical accidents, delayed and missed diagnoses, medication errors and more.
A birth injury lawyer or birth injury attorney is equipped to handle medical malpractice claims relating to the period directly before, directly after, and during childbirth. Medical errors occurring during this period can lead to catastrophic injuries hypoxic ischemic encephalopathy (HIE), stroke, hypoglycemic injuries, and kernicterus, which can cause a variety of profound, life-changing conditions, including cerebral palsy. If your child has been affected by a birth injury, contact Neinstein to schedule a consultation with a birth injury lawyer Toronto.
We encourage all prospective clients to do their research before hiring us. Read online reviews, consult with medical professionals, seek out recommendations from friends and family, and schedule as many consultations as possible. At the end of the day, we believe that our Toronto birth injury lawyers can provide the best and most compassionate legal representation in Ontario: it is the goal of every birth injury attorney at Neinstein to provide life-changing results to you and your family.
The Toronto birth injury lawyers at Neinstein work on contingency, meaning you will not be asked to pay any legal fees until your claim has been successfully resolved – if we are unable to secure a settlement, we will not seek compensation. In lieu of hourly fees, your birth injury lawyer will accept an agreed-upon percentage of the final settlement amount as payment. This arrangement allows us to provide legal representation to families across Ontario, regardless of financial circumstances.
Your birth injury attorney from Neinstein will provide tough, unrelenting legal representation from the very first day we are engaged. The goal of our medical malpractice team is clear: to provide life changing results to our vulnerable clients. That means ensuring that your family has access to the maximum amount of compensation you deserve, compensation that will help you cover medical expenses, home care costs, home renovation costs, and whatever other unexpected expenses you face on the challenging road ahead.
Ontarians have two years to file a birth injury claim, but that two-year time limit does not begin to expire at the time of birth. Generally speaking, minors who were injured at birth have until they turn 20 (two years after they turn 18) to decide to file a claim. However, if a litigation guardian is appointed, the time limit will begin to expire on the day of the appointment. Contact a birth injury lawyer Toronto to learn more.
Every birth injury case is different, but settlement amounts for this challenging type of personal injury claim are often higher than for other types of lawsuits. That’s because the damages incurred in birth injuries are truly life-changing, as are the expenses that accompany those challenges. Reach out to Neinstein today to schedule a free, no-obligation consultation to learn more about the viability of your case.
We will not charge you unless your case is successful.
Any medical professional who was involved in or contributed to the accidents or omissions that caused the injury can be sued. This can include the obstetrician involved in delivering the child, the attending nurses and support staff, and even the ...Learn More
Because of the uniquely complex nature of birth injury claims and the gravity of the damages they seek to address, birth injury lawsuits often take years to resolve. These lawsuits tend to involve testimony from multiple expert witnesses, and may ...Learn More
Generally speaking, plaintiffs have two years from the moment the injured child turns 18 to initiate their birth injury claim. In cases where a litigation guardian is appointed, they will have two years from the moment of appointment. Families of ...Learn More
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We are confident our proven strategy can assist you in obtaining your proper and rightful accident benefits. Toronto-based and serving all of Ontario, Neinstein Personal Injury Lawyers pursues your personal injury claim at no upfront or hourly cost to you, and there are no fees until your case is successfully resolved.Explore Our Fees
2020 was a difficult year for most, but during these unprecedented times, we came out stronger together.
When people are injured, most often they are unable to work and during these times, cash flow can become an enormous burden on the victim and their families. We recognize that our clients are suffering and are under enormous financial stress.
That is why we use the contingency fee arrangement. Under this arrangement, the client is not required to pay any fees or expenses unless the case is successful. If the client does not recover any monies from the lawsuit, there will be no legal fees.
Our lawyers have been representing seriously injured accident victims for more than 50 years. With experience in all areas of Ontario personal injury and medical malpractice law, our goal is to ensure that Ontario's most vulnerable residents get the representation they deserve.
Gary Neinstein, KC
Personal Injury Lawyer
As Founding Partner of Neinstein Personal Injury Lawyers, Gary has been exclusively practicing civil litigation for over 50 years.
Head of Medical Malpractice
Duncan is a Partner and head of the Medical Malpractice Group at Neinstein Personal Injury Lawyers.
Personal Injury Lawyer
Greg is the Managing Partner at Neinstein Personal Injury Lawyers.
Personal Injury Lawyer
Jeff is a Partner and the Head of the Personal Injury Group at Neinstein Personal Injury Lawyers.
Personal Injury &
Medical Malpractice Lawyer
Rose is a Partner at Neinstein Personal Injury Lawyers.
Personal Injury &
Medical Malpractice Lawyer
Stacy is a Partner at Neinstein Personal Injury Lawyers.