FAQs

When a preventable medical mistake causes a birth injury, the emotional and financial impact on your family is immense. Pursuing a medical malpractice lawsuit in Ontario can help you secure the vital resources your child needs to live a comfortable and fulfilling life. At Gluckstein Lawyers, we fight hard to recover several types of damages on behalf of your family:

• Special Damages (Future Care and Financial Losses)

Raising a child with severe medical needs requires significant financial support. Special damages are designed to cover these lifelong costs. This compensation pays for future medical care, specialized therapies, and essential medical equipment. It also covers the cost of making your home and vehicles fully accessible, as well as any lost income if you must stop working to care for your child full-time.

• General Damages (Pain and Suffering)

Your child deserves justice for the physical pain and emotional suffering they have endured. General damages provide financial compensation for their loss of enjoyment of life. While money cannot undo the harm caused by medical negligence, it offers a measure of justice for the heavy burden placed upon your child.

• Family Law Act Claims

In Ontario, a birth injury affects the entire family. Under the Family Law Act, parents, grandparents, and siblings can claim damages for the loss of care, guidance, and companionship they experience. Families can also recover out-of-pocket expenses related to the child's care and injury.

Our Commitment to Full-Circle Care.

At Gluckstein Lawyers, our support extends far beyond the courtroom. Through our unique Full-Circle Care approach, our in-house medical consultants work closely with you to guide your child's long-term rehabilitation and care plans. We treat your family with profound compassion, empathy, and respect at every step of the legal process.

You do not have to carry this financial burden alone. If you suspect your child’s injury was caused by a medical error, contact our dedicated birth injury lawyers today. We offer a free, no-obligation consultation to discuss your legal options and help you protect your child’s future.

A cerebral palsy (CP) diagnosis can feel overwhelming. As a parent, you are likely wondering what the future holds and how you will provide the lifelong care your child requires. An experienced birth injury lawyer at Gluckstein Lawyers can help you find answers, investigate the cause of the injury, and secure the financial compensation your family needs.

Investigating Medical Negligence in Cerebral Palsy Cases.

CP is often caused by a lack of oxygen to the baby's brain during pregnancy, labour, or delivery. Our dedicated medical malpractice team knows how to handle the deep legal complexities of these cases.

We thoroughly review your medical records and work alongside top medical experts to determine if doctors, nurses, or hospital staff failed to meet the proper standard of care. If medical negligence played a role in your child's CP, we build a strong, evidence-based case to hold the healthcare providers accountable.

Securing Lifelong Financial Support.

Raising a child with CP demands significant resources. Your child may need specialized therapy, mobility equipment, accessible home modifications, and ongoing medical treatments. We fight tirelessly to calculate and secure maximum compensation to cover these lifelong costs, ensuring your child's future is completely protected.

Compassionate Full-Circle Care.

What truly sets Gluckstein Lawyers apart is our commitment to Full-Circle Care. We understand that this diagnosis changes your life forever, which is why our support extends far beyond the courtroom. Our unique legal team includes in-house medical consultants who help guide your family through your child's rehabilitation and long-term care plans. We treat your family with the profound compassion, empathy, and dignity you deserve.

Contact a Birth Injury Lawyer at Gluckstein Lawyers.

You do not have to navigate this overwhelming journey alone. Contact Gluckstein Lawyers today to schedule a free, no-obligation consultation. Let us listen to your story, explain your legal rights, and help you secure the resources your child needs to thrive.

Finding the right legal help after a birth injury can feel overwhelming, especially when you are worried about the cost. The good news is that you can hire an experienced birth injury lawyer in Ontario without paying any upfront fees. At Gluckstein Lawyers, we work on a contingency fee basis to ensure every family has access to justice.

What is a contingency fee arrangement?

A contingency fee agreement means our payment is completely tied to the success of your case. You do not pay us by the hour, and there are no hidden upfront costs to start your claim. We only get paid if we successfully secure a settlement or win your case in court. This allows you to pursue accountability for your child’s injuries without adding financial stress to an already difficult time.

Expertise You Can Trust.

Birth trauma cases are highly complex and require a legal team with specialized medical knowledge. Our medical malpractice lawyers have decades of experience advocating for families across Ontario who have suffered due to medical negligence during pregnancy, labour, or delivery. We know how to thoroughly investigate preventable injuries and build strong, evidence-based cases against hospitals and healthcare providers.

Our Commitment to Full-Circle Care.

When you choose Gluckstein Lawyers, you receive much more than standard legal representation. We are deeply committed to our "Full-Circle Care" approach. This means we support your family through every step of your journey, extending far beyond the courtroom.

Our unique team includes in-house medical consultants who help you navigate your child's ongoing rehabilitation, therapy, and future care plans. We treat your family with the profound compassion, empathy, and respect you deserve.

Contact Our Birth Injury Lawyers Today.

You do not have to walk this difficult path alone. If you suspect a medical mistake caused your child’s injury, contact Gluckstein Lawyers today. We offer a free, no-obligation consultation to listen to your story, review your situation, and clearly explain your legal options. Let us help you secure the vital resources your child needs for a fulfilling future.

Finding a trusted birth injury lawyer in Toronto is a critical step when your family is facing the devastating impact of medical negligence. Located near the city centre, Gluckstein Lawyers serves families across the Greater Toronto Area (GTA) and throughout Ontario. We are dedicated to helping parents find answers and secure the essential resources their children will need for a fulfilling life.

Specialized Legal Expertise in Complex Birth Trauma Cases.

Birth trauma cases are highly complex and require specialized legal knowledge. Our experienced medical malpractice lawyers have a proven track record of investigating and litigating severe birth injuries including those related to:

• Cerebral Palsy: A condition often resulting from oxygen deprivation to the brain during birth.
• Brachial Plexus Injuries (Erb's Palsy): Damage to the nerves controlling the arms and hands, which can happen during a complicated delivery.
• Hypoxic-Ischemic Encephalopathy (HIE): A type of brain damage caused by a lack of oxygen and blood flow.
• Shoulder Dystocia: A birth event where the baby's shoulder becomes lodged, which can cause harm to both the infant and mother.
• Spinal Cord Trauma: Injuries to the spinal cord that may result in permanent disability.
• Fractures and other physical harm: Broken bones or other injuries sustained from the improper use of delivery instruments or techniques.

Our team has the legal and medical insight to build a formidable case. We fight tirelessly to hold negligent hospitals and healthcare providers accountable for their mistakes.

Our Commitment to Full-Circle Care for Your Family.

What truly sets our Toronto legal team apart is our unwavering commitment to "Full-Circle Care." We understand that a birth injury changes your family's life forever, and our support extends far beyond the courtroom.

We work closely with our own in-house medical consultants who help guide your child's long-term care, rehabilitation, and therapy plans. We walk beside you through every stage of the legal process, treating your family with the profound compassion, empathy, and dignity you deserve.

Contact Our Toronto Birth Injury Lawyers Today.

You do not have to navigate this overwhelming journey alone, and you should not have to worry about upfront legal fees. If you suspect your child’s injury was caused by a medical error, contact our Toronto birth injury lawyers today.

We offer free, no-obligation consultations to listen to your story, review your situation, and clearly explain your legal options. Let our team help you secure the resources your child needs to live a life of dignity and opportunity.

While the Law Society of Ontario does not designate a single "best" lawyer, finding the right legal advocate is absolutely critical for your family's future. Gluckstein Lawyers is widely recognized as a leading authority in Ontario for birth injury and medical malpractice cases, combining legal excellence with profound compassion for the families we serve.

Birth trauma claims are incredibly complex. They demand a law firm with specialized experience, a deep understanding of complicated medical evidence, and a proven track record of securing maximum compensation for lifelong care. At Gluckstein Lawyers, we understand that a birth injury changes your life forever. We are here to help you navigate this difficult chapter with our firm commitment to full-circle care.

What Sets Gluckstein Lawyers Apart.

When choosing a legal team to protect your child’s future, it's important to consider:

• Specialized Expertise: Our dedicated medical malpractice lawyers have decades of experience handling severe birth injuries, such as cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and brachial plexus injuries. We know how to hold negligent medical professionals accountable.
• Full-Circle Care: We support your family far beyond the courtroom. Our unique approach includes in-house medical consultants who help guide your child's rehabilitation, therapy, and long-term care plans, ensuring you have the right support network in place.
• Unwavering Compassion: We know that dealing with preventable birth trauma is devastating. We treat every family with the empathy, respect, and dignity they deserve, walking beside you through every step of the legal process.

Securing the resources your child needs for a fulfilling life requires relentless advocates who are prepared to challenge hospitals and health care providers in Ontario. We have the resources, knowledge, and determination to build a formidable case on your behalf.

You do not have to face this journey alone. If you suspect medical negligence caused your child's injury, contact Gluckstein Lawyers today for a free, no-obligation consultation. Let our family help yours secure the answers, justice, and financial support you need.

Birth injuries during delivery can happen for a variety of reasons. While childbirth is a natural process, complications can arise that put both the mother and the baby at risk. In some instances, these injuries are the result of unavoidable physical factors. In other cases, they occur because of medical negligence.

Understanding the root cause of a birth injury is a critical first step for families seeking answers. Below is a breakdown of the common causes, separated by natural physical complications and medical mistakes.

Natural and Physical Complications.

Sometimes, the physical conditions of the mother or the baby make delivery difficult. These natural factors include:

• Large Fetal Size: Also known as macrosomia, a baby that is significantly larger than average can have a difficult time passing through the birth canal, increasing the risk of injury.
• Abnormal Presentation: If the baby is not in the standard head-first position (for example, a breech presentation where the buttocks or feet are positioned to come out first), the delivery becomes much more complicated.
• Cephalopelvic Disproportion (CPD): This occurs when the baby’s head or body is too large to fit safely through the mother’s pelvis.
• Prolonged Labour: A labour that lasts longer than normal can cause extreme stress on the baby, leading to oxygen deprivation or physical trauma.

Medical Negligence and Errors.

Medical professionals are trained to monitor for the complications listed above and take action to prevent harm. When doctors, nurses, or hospital staff fail to meet the standard of care, it can lead to preventable birth injuries. Common examples of medical negligence include:

• Improper Use of Delivery Instruments: Using tools like forceps or vacuum extractors incorrectly or with too much force can cause severe trauma to the baby’s head, neck, or nerves.
• Failure to Monitor Fetal Distress: Healthcare providers must closely watch the baby’s heart rate during labour. Failing to recognize and react to signs of fetal distress can result in severe brain injury caused by a lack of oxygen.
• Delayed Caesarean Section (C-section): When a vaginal delivery becomes too dangerous, an emergency C-section is often required. Waiting too long to perform this surgery can cause permanent harm to the child.
• Improper Medication Use: Errors in administering drugs to induce or speed up labour, such as giving too much of a medication, can cause excessively strong contractions that cut off the baby's oxygen supply.

Get Help from Gluckstein Lawyers.

If you suspect your child’s injury was caused by a preventable medical mistake, you do not have to navigate this complex process alone. Contact Gluckstein Lawyers today to schedule a free, no-obligation consultation. Our experienced birth injury legal team will help you understand your legal options and work to secure the compensation your family needs for your child's future. 

The Canada Disability Benefit (CDB) applications officially launched in June 2025, with monthly payments beginning in July 2025. The monthly benefit (up to $200/month or $2,400/year) is designed to provide financial support to working-age Canadians with disabilities.

If you or someone you care for is approved for the Disability Tax Credit (DTC) (which also qualifies you for an RDSP), you may be eligible.

Who Can Apply for the Canada Disability Benefit (CDB)?

To be eligible, you must:

• Be between 18 and 64 years old.
• Be approved for the Disability Tax Credit, and
• Have filed an income tax return for the previous year.
  

Legal Guardianship & Representative Applications.

If a person is not capable of managing their own affairs, a legal guardian or representative may apply and receive the benefit on their behalf.

The representative must be authorized under provincial or federal law to manage the individual's affairs. However, if the individual can manage funds once received, they can apply on their own.

Learn more and apply for the Canada Disability Benefit today.

Common nursing errors include medication mistakes, improper documentation, failure to monitor patients, obstetrical monitoring errors, and neglecting to inform the medical team when needed. These errors can lead to serious consequences, highlighting the importance of proper care and communication in healthcare settings.

Nursing Errors Can Include:

• Medication Errors - Medication mistakes are among the most frequent nursing errors. These include administering the wrong drug, incorrect dosage, or failing to check for allergies.
• Documentation Errors - Accurate documentation is critical in healthcare. Errors such as incomplete or incorrect patient records can lead to improper treatment.
• Failure to Monitor Patients - Nurses are responsible for monitoring patients' vital signs and overall condition. Neglecting this duty can have life-threatening consequences.
• Obstetrical Monitoring Errors - In maternity care, errors in monitoring the mother or baby during labor can lead to complications.
• Failure to Communicate with the Medical Team - Effective communication is essential in healthcare. When nurses fail to inform doctors or other team members about changes in a patient's condition, it can lead to delayed or inappropriate care.

If you or a loved one have suffered an injury due to a nursing error, contact our experienced and compassionate medical malpractice lawyers today for a free consultation. 

A newborn infection can be classified as medical malpractice when healthcare providers fail to meet the standard of care expected during the delivery or postnatal period, resulting in preventable harm or death. This could involve failing to diagnose or treat an infection in a timely or adequate manner, causing unnecessary suffering for the newborn and their family.

How Does Gluckstein Establish Negligence in a Newborn Infection Medical Malpractice Case?

Our birth injury lawyers take a meticulous, step-by-step approach to determine whether a newborn infection qualifies as medical malpractice:

1. Reviewing Medical Records

Our legal team secures and assesses the relevant medical records, analyzing the care provided during birth and postnatal treatment. This helps uncover any lapses in diagnosis or treatment protocols, such as missed tests or delayed interventions.

2. Consulting with Medical Experts

Medical experts are brought in to evaluate whether the healthcare provider’s actions—or lack thereof—fell below the standard of care. These professionals help identify whether proper medical precautions were neglected, like monitoring signs of infection or prescribing appropriate antibiotics.

3. Establishing a Link Between Negligence and Harm

The next step involves demonstrating how the provider’s failure directly led to the newborn’s infection or complications. This essential connection helps establish that the harm was preventable and occurred due to negligence.

If negligence is evident and it caused injury, infection, or complications, the case may qualify as medical malpractice. Contact us today to discuss your case and see how we can help.

To establish negligence in a birth injury case, you must prove four key elements: a duty of care existed, that duty was breached, the breach caused the injury, and the injured party suffered damages.

Our birth injury team thoroughly investigates each case to ensure these elements are met. Here’s how we approach specific types of birth injury cases:

Resuscitation Negligence.

When resuscitation efforts at birth cause harm, we analyze medical records, consult experts, and assess whether healthcare providers followed standard protocols. Delays or failures in providing oxygen or monitoring vitals are key factors we investigate. Medical experts help us determine if a similarly experienced professional would have acted differently under the same circumstances.

Newborn Infection Negligence. 

Negligence in newborn infection cases involves proving that medical professionals failed to promptly identify, diagnose, or treat an infection, leading to harm. We review medical records to understand when and how the infection occurred, the timeliness of diagnosis, and whether treatment met accepted standards. Expert opinions help assess whether the provider’s actions aligned with those of a competent professional.

Kernicterus Resulting From Jaundice.

Jaundice-related injuries, such as kernicterus, often stem from medical negligence when elevated bilirubin levels are not properly managed. Our team investigates whether healthcare providers adhered to protocols for monitoring bilirubin levels in newborns. This includes assessing the timeliness of interventions like phototherapy or exchange transfusion. Any delay or oversight in testing and treatment is evaluated in comparison to established standards of care. Expert analysis is integral in demonstrating how inaction or improper action directly caused harm.

If your child has suffered a birth injury due to medical negligence, we can help. Contact us for a free consultation to discuss your case and explore your legal options.

Birth injuries can arise from complications during labor and delivery, with significant impacts on both the child and the family. While some injuries are unavoidable due to unforeseen medical circumstances, others result from preventable errors. Common factors that contribute to birth injuries include prolonged or difficult labor, failure to recognize fetal distress, improper use of assistive devices like forceps or vacuum extractors, delaying necessary C-sections, or insufficient monitoring leading to a lack of oxygen (hypoxia) during birth. These errors can lead to conditions such as cerebral palsy, Erb’s palsy, or other forms of permanent disability.

When medical professionals fail to meet the expected standards of care, it may constitute medical negligence. Families affected by preventable birth injuries often face emotional distress, financial strain, and long-term care requirements for their child. Seeking legal assistance can help determine whether the injury could have been prevented and what options are available for obtaining compensation to cover medical costs, therapy, and specialized support.

If you believe medical negligence played a role in your child’s birth injury, it is important to act promptly. Contact Gluckstein Lawyers today to discuss your case. Our compassionate and experienced team is dedicated to advocating for families and securing the resources needed to move forward. Reach out for a free consultation to understand your rights and options.

The underlying causes of neonatal seizures vary. They include:

• Lack of oxygen before or during birth;
• Infection acquired before or after birth;
• Stroke before or after birth;
• Blood clot or bleeding in the brain;
• Birth defects;
• Chemical imbalances;
• Metabolic disorders;
• Drug withdrawal.

About half of babies who experience seizures after birth will develop epilepsy later in life.

Yes, children born prematurely or those who experience very difficult births are at an increased risk of suffering brain injuries that may lead to seizures in the first weeks of life. During childbirth, complications such as a lack of oxygen (hypoxia), physical trauma, or restricted blood flow to the brain can cause significant damage to a newborn’s developing brain. Premature infants are particularly vulnerable as their bodies and brains are not yet fully developed, making them more susceptible to infections, bleeding in the brain (intraventricular hemorrhage), and other medical conditions that can result in seizures.

Seizures in newborns are among the earliest indications of potential underlying brain damage. These seizures may manifest as jerking movements, rigid postures, or even subtle signs like abnormal eye movements or facial twitching. It is crucial for medical professionals to monitor at-risk newborns closely and provide immediate intervention to reduce the likelihood of long-term complications, such as cerebral palsy or developmental delays.

If your child has experienced newborn seizures or you suspect they may be related to a birth injury caused by medical negligence, you may have legal options to explore. Contact us today to discuss your case. We are committed to advocating for families affected by birth injuries and can help you understand your rights and secure the support your family needs.

Meconium aspiration syndrome (MAS) occurs when a newborn inhales a mixture of meconium (their first stool) and amniotic fluid into their lungs during or before delivery. This can lead to inflammation and breathing difficulties, requiring rapid medical intervention to avoid complications. While MAS is more common in births where a baby is overdue or stress occurs during labor, its effects can range from mild to severe.

What Are the Major Complications of Meconium Aspiration?

When meconium enters a baby’s lungs, it can block airways and lead to respiratory issues such as difficulty breathing and low oxygen levels. Serious cases of MAS may result in complications, including persistent pulmonary hypertension, which raises pressure in the blood vessels connecting the heart and lungs, or pneumothorax, a condition where air escapes into the chest cavity causing lung collapse. Additionally, prolonged oxygen deprivation could lead to neurological problems, although this is less common with timely treatment.

Can Babies Recover from Meconium Aspiration?

Fortunately, most babies recover fully from MAS with appropriate medical care. Treatments like oxygen therapy, mechanical ventilation, or the use of extracorporeal membrane oxygenation (ECMO) in severe cases can help manage symptoms and support recovery. However, in rare instances, long-term complications like chronic lung disease may occur, requiring ongoing medical supervision.

If your family is facing challenges due to MAS, it’s crucial to understand your legal options. Contact an experienced birth injury lawyer at Gluckstein Lawyers for guidance. Our team is committed to supporting families navigating these difficult circumstances.

Early signs of cerebral palsy often emerge within the first years of a child’s life and can include a range of physical and developmental symptoms. Parents may notice developmental delays, such as a child not reaching milestones like rolling over, sitting up, or crawling at the usual ages. Additionally, abnormal muscle tone is a common indicator—this can manifest as floppy or overly stiff limbs. Children with cerebral palsy may also demonstrate unusual posture, involuntary movements, or asymmetrical movement patterns, such as favoring one side of the body over the other.

Another potential sign is difficulty with motor control, which may result in poor coordination or clumsy movements. Some children may show persistent infantile reflexes, such as the Moro reflex, longer than is typical, while others might struggle with oral motor coordination, leading to feeding difficulties or excessive drooling. These signs vary in severity and presentation depending on the type of cerebral palsy and the extent of the brain injury or malformation.

Recognizing these signs early is critical, as early intervention can greatly improve the quality of life for children with cerebral palsy. If you suspect your child may have symptoms of cerebral palsy, it’s essential to seek a medical evaluation promptly to determine a diagnosis and explore treatment options.

If you have concerns about your child’s development or diagnosis, contact us today to learn more about how we can support you and your family.

The most common cause of cerebral palsy is brain damage or abnormal brain development that occurs before, during, or shortly after birth. This condition can result from various factors that impact the developing brain, such as premature birth, insufficient oxygen supply during delivery (known as birth asphyxia or hypoxic ischemic encephalopathy), or maternal infections during pregnancy. Additionally, severe jaundice (kernicterus) in the newborn or complications such as umbilical cord issues, uterine rupture, or prolonged labor can contribute to the risk.

Premature birth, in particular, is a significant risk factor as it may leave the baby's brain more vulnerable to injury due to underdevelopment. Abnormal brain development can also occur due to genetic mutations or structural abnormalities, while infections or inflammations during pregnancy might trigger damage to the developing brain. Other causes include traumatic delivery events or mishandling during childbirth that lead to physical harm or oxygen deprivation.

Timely medical intervention, diligent monitoring during pregnancy, and safe prenatal practices are critical for reducing risks. When cerebral palsy arises from medical negligence or preventable issues—such as delayed action in addressing fetal distress—legal avenues may provide an opportunity to hold responsible parties accountable and help secure long-term support for affected families. Early identification of risk factors is key to minimizing harm and ensuring proper care.

If your have questions about the cause of your child's cerebral palsy diagnosis, contact us to find out how we can help.

What is a Brachial Plexus Birth Injury?

A brachial plexus birth injury occurs when the brachial plexus, a network of nerves that controls movement and sensation in the shoulder, arm, and hand, is damaged during childbirth. This injury often results from excessive stretching, compression, or tearing of these delicate nerves, typically arising in challenging deliveries where there is significant force exerted during labor. Factors such as a larger-than-average baby, breech births, or prolonged labor can increase the risk of this injury. The severity of brachial plexus injuries can range from mild nerve strain, which may self-heal, to complete nerve ruptures or avulsions that require medical intervention.

Recommended Treatments.

The treatment for brachial plexus injuries depends on the extent and nature of the damage. Mild cases may resolve on their own with consistent monitoring, while more serious injuries benefit from early intervention. Common treatment approaches include:

• Physical Therapy: To promote healing, maintain range of motion, and prevent stiffness in the affected limb. Exercises are tailored to improve strength and regain function.
• Occupational Therapy: Focused on developing fine motor skills and improving the use of the hand and arm in everyday tasks.
• Surgical Intervention: For severe cases, surgery may be necessary to repair or reconstruct the damaged nerves. Techniques may include nerve grafts, transfers, or other procedures to restore functionality.

If you believe your child has suffered a brachial plexus injury, early diagnosis and treatment are essential for the best outcomes. Contact our experienced birth injury lawyers to explore your options for pursuing compensation and support to cover your child’s care needs. Reach out to Gluckstein Lawyers today for compassionate guidance and dedicated advocacy.

Seek medical attention immediately. If possible, take photos of the scene of the accident, collect contact information of witnesses, and record your own observations or what your child can tell you about what happened. Speak to a pediatric injury lawyer as soon as possible to ensure your rights and your child's rights are protected.

Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation. We believe that you should not need to be independently wealthy to access justice for harm caused to you.

Our lawyers will use a combination of resources to determine what happened in the context of a birth or perinatal injury.

We will start the investigative process by obtaining the medical records and by gathering information from our clients.

We will then seek out the most appropriate medical and non-medical experts to interpret and provide opinions and expertise as to whether there was a breach of the standard of care, whether that breach caused or contributed to the injuries, and the extent of the injuries suffered.

Throughout the litigation process, we will receive further evidence as to what happened through the exchange of documents between parties and through the Examination for Discovery process.

Typically, in Ontario, you have two years from the day which the injury occurred, the day you discovered that the injury had occurred, or the date you ought to have reasonably known about the injury to bring a lawsuit for a personal injury claim. In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the lawsuit.

It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful to learn about your legal rights early.

If you believe your child or grandchild has suffered a preventable birth injury we can help make that determination. We start by meeting with you to get the facts. We then obtain all the relevant medical records and perform a detailed and comprehensive review. Where indicated, we will consult with highly qualified, respected and independent doctors to get the answers you need and deserve.

A birth injury is harm caused to a fetus or newborn baby during pregnancy, labour, delivery or in the period shortly after birth. Most birth injuries are related to a disruption in blood flow to the fetal brain, although other forms of trauma also occur at or around the time of birth. If severe enough, the impaired flow of oxygen can cause permanent injury resulting in a diagnosis of Cerebral Palsy.

Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of a person's life. They will have need for care, therapies and/or surgical interventions, often for life.

Other common birth injuries include:

• Shoulder dystocia;
• Fetal and neonatal stroke;
• Kernicterus;
• Meconium aspiration syndrome;
• Negligent resuscitation of a newborn;
• Trauma from extraction tools.