Birth Injury Lawyer Toronto

Compassionate Legal Representation for Birth Injury Cases in Toronto 

At Kozyrev Law P.C., we understand the profound impact that a birth injury can have on your family. These injuries can result in long-term physical, emotional, and financial challenges. Our experienced team of birth injury lawyers in Toronto is here to help you navigate the complexities of your case and secure the justice and compensation your child deserves. 
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What Are Birth Injuries? 

Birth injuries refer to physical harm or medical conditions sustained by a baby or mother during labor and delivery. These injuries are often preventable and may result from medical negligence, improper care, or errors during childbirth. Common causes of birth injuries include: 

  • Delayed or improper responses to complications 
  • Failure to perform a timely C-section 
  • Improper use of delivery tools such as forceps or vacuum extractors 
  • Failure to monitor fetal distress 
  • Medication errors during pregnancy or delivery 

Common Types of Birth Injuries 

  1. Cerebral Palsy: Caused by lack of oxygen to the brain during delivery. 
  2. Brachial Plexus Injuries: Resulting in nerve damage to the arm or shoulder. 
  3. Fractures: Such as broken collarbones during delivery. 
  4. Hypoxic-Ischemic Encephalopathy (HIE): Brain damage due to oxygen deprivation. 
  5. Caput Succedaneum and Cephalohematoma: Injuries to the scalp or skull. 
  6. Facial Paralysis: Caused by pressure or improper use of forceps. 

 

Who Can Be Held Liable in a Birth Injury Case? 

Medical professionals and institutions have a duty of care to ensure the safety of both mother and baby during childbirth. Parties that may be held liable in a birth injury case include: 

  • Obstetricians and gynecologists 
  • Midwives or nurses 
  • Anesthesiologists 
  • Hospitals or birthing centers 
  • Pharmaceutical companies (in cases involving medication errors) 

 

Your Rights as a Parent 

Under Ontario law, families affected by birth injuries have the right to seek compensation for: 

  • Medical expenses: Past, present, and future costs related to treatment. 
  • Rehabilitation and therapy: Including physical, occupational, and speech therapy. 
  • Assistive devices: Such as wheelchairs or specialized equipment. 
  • Pain and suffering: Compensation for emotional and physical distress. 
  • Future care costs: Anticipated long-term medical and caregiving expenses. 

 

Why Choose Kozyrev Law P.C. for Your Birth Injury Case? 

Extensive Experience in Medical Malpractice Cases 

Our team has years of experience handling complex medical malpractice cases, including birth injuries. We understand the nuances of medical standards and how to build a compelling case. 

Thorough Investigations 

We work with medical experts to analyze your case and gather evidence, including: 

  • Medical records and charts 
  • Testimonies from medical professionals 
  • Fetal monitoring data 
  • Delivery room protocols 

Compassionate Advocacy 

We recognize the emotional toll birth injuries take on families. Our team is dedicated to providing personalized legal support and ensuring your voice is heard throughout the legal process. 

 

Steps in Filing a Birth Injury Claim 

Step 1: Initial Consultation 

During your free consultation, we will: 

  • Discuss the details of your case. 
  • Assess the strength of your claim. 
  • Provide a clear roadmap for the legal process. 

Step 2: Evidence Gathering 

Our team will collect vital evidence to support your claim, such as: 

  • Medical records and imaging scans 
  • Expert medical opinions 
  • Witness statements 
  • Hospital policies and procedures 

Step 3: Claim Submission 

We will file your claim against the responsible parties, detailing the negligence involved and the damages sought. 

Step 4: Negotiation and Litigation 

We strive to secure a fair settlement through negotiation. If necessary, our skilled litigators are prepared to represent you in court to achieve justice. 

 

Challenges in Birth Injury Cases 

Proving Negligence 

Medical malpractice cases require demonstrating that the healthcare provider failed to meet the accepted standard of care. This involves expert testimony and detailed evidence. 

Long-Term Impact Assessment 

Calculating future medical and care costs can be complex, requiring input from medical and financial experts. 

Emotional and Legal Complexity 

Birth injury cases are emotionally charged. We provide compassionate guidance to help families navigate these challenges while focusing on their case. 

 

Frequently Asked Questions 

How Long Do I Have to File a Birth Injury Claim?

In Ontario, the statute of limitations for most medical malpractice claims is two years. However, in cases involving minors, the limitation period typically begins when the child turns 18. It’s essential to consult a lawyer promptly to protect your rights. 

What Compensation Can I Expect?

Compensation varies based on factors such as the severity of the injury, the impact on the child’s quality of life, and the financial costs of care. Our lawyers will provide an estimate based on your specific case. 

How Long Does a Birth Injury Case Take?

The duration depends on the complexity of the case and whether it is resolved through settlement or trial. Most cases take several months to a few years. 

What If the Injury Was Not Immediately Apparent?

Some birth injuries, such as developmental delays, may not become evident until months or years later. Our team can help you file a claim even if the injury was discovered after some time. 

 

Protecting Your Family After a Birth Injury 

  1. Seek Immediate Medical Care: Ensure your child receives the necessary treatment and keep all medical records. 
  2. Document Everything: Maintain detailed notes about your child’s symptoms, treatments, and interactions with medical providers. 
  3. Consult a Lawyer Early: Contact a birth injury lawyer to assess your case and begin gathering evidence. 
  4. Access Support Services: Connect with community resources and support groups for families of children with special needs. 

 

The Importance of Timely Action 

Taking prompt legal action ensures: 

  • Preservation of Evidence: Critical medical records and witness accounts are protected. 
  • Compliance with Deadlines: Meeting legal timelines is essential to maintaining your claim. 
  • Access to Expert Analysis: Early involvement of medical experts strengthens your case. 

 

Contact Kozyrev Law P.C. Today 

If your family has been affected by a birth injury, don’t face the challenges alone. Contact Kozyrev Law P.C. for compassionate legal support and expert guidance. Let us help you secure the compensation your child deserves. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Your family’s well-being is our priority. Reach out to Kozyrev Law P.C. and take the first step toward justice today. 

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Disclaimer: Any information on this website does not constitute legal advice

What Are Clients Saying?

GoodToKnow
06:22 03 Aug 24
Valeriy is a true professional! He helped me navigate the complex process and ensured my case was successfully resolved. With his patience and attention to detail, we were able to prepare the necessary papers and close the deal on time. I highly recommend Valeriy as a lawyer!
Vijay Sewani
16:34 26 Apr 24
I have known Larry for the past 7 years when my immigration journey to Canada started. He has always stated straight facts and never promised anything that was not possible. No doubt he is a very capable and professional Lawyer and i would recommend him to anyone who is looking for a legal counsel.
Pinawa Motel
02:24 29 Jan 24
We want to say huge THANKS to Valery for his help! More than professional... Great job! Best recommendations!
Gregory Smirin
23:22 11 Dec 23
I recently had the pleasure of working with Kozyrew Law on a complex legal matter, and I am incredibly satisfied with the service provided.I would not hesitate to recommend their services to anyone seeking a highly skilled and reliable attorney.Thank you for great work!
Fizza.S
00:29 14 Oct 23
Kozyrev is an outstanding legal firm for immigration and family law matters. The staff is particularly great to work with. Their proficiency, professionalism and commitment to their clients makes them a trusted partner for navigating the complexities of these legal areas. I would strongly recommend them if anyone is looking out for legal assistance in these domains owing to the reputation of the firm and the expertise of the head Larry Kozyrev. A perfect 5-star.
ethel boone
23:13 02 Oct 23
My immigration was difficult, I encountered many unforeseen obstacles and the process from PR to Citizenship took 9 years. Throughout the 9 years, Larry from Kozyrev Law Professional Corp never gave up my fight. He showed tremendous tenacity with my application and finally with his advice of proceeding with a Judicial Review, I received my Citizenship. I highly recommend Kozyrev Law Professional Corporation for all your immigration requirements
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