Toronto Brachial Plexus Injury Lawyers
Brachial plexus injuries can be alarming, and especially when the injury occurs to a baby in birth, it can be jarring to family members. These injuries can be difficult to treat and can present long-term challenges in the life of a child. There are precautions taken to try to prevent such injuries, but sometimes mistakes occur that lead to unintended consequences such as these. In the rare cases that they do occur, it is almost always as a result of a doctor or hospital’s negligence. If you feel there is substantial cause to believe that your doctor or hospital is responsible for your brachial plexus injury, you may be entitled to compensation. Our team at Mazin & Associates, PC has experience in cases throughout Ontario that involve brachial plexus injuries and we always feel that it is important to hold those who are negligently accountable for their mistakes and assist our clients in reaching a fair resolution. Contact us at (416) 625-2122 for a free consultation and to discuss the best way to proceed with your case.
Why You Need a Lawyer
In this type of case, a lawyer can help immensely, and particularly a lawyer who has experience with birth injury cases can be beneficial. The medical details can be very complex, and a lawyer experienced in these types of cases will be able to use medical records and other resources in the most effective way to strengthen your claim. In addition, an experienced brachial plexus injury lawyer will know how to collaborate with medical experts and use their testimonies to further build the credibility of your case. Having a lawyer by your side can relieve the stress of trying to handle the complicated legal process on your own. Being represented by a competent and capable lawyer, you can rest easy with the knowledge that you have a great chance of getting the compensation you deserve that can provide for your child’s future medical expenses.
Why Choose Us
Mazin & Associates, PC is the clear choice to take care of birth injury cases involving brachial plexus injuries because of not only our experience, but also the importance we place on maintaining a supportive relationship with our clients. Considering the nature of these injuries, we feel a duty to you as well as ourselves to bring justice to doctors and hospitals that neglect their responsibility to provide care and protection to your newborn child. We hold your interests as our first priority and we always make sure that we keep you regularly updated on the status of your case.
Our founder, Gary Mazin, has over a decade’s worth of valuable experience in litigating and has led the way in establishing our remarkable track record. We have won millions of dollars on behalf of our clients in defending their rights against the negligence of others. During the legal process, we take the lead on all of the important steps involved with building your case while making sure to communicate with you regularly. Always putting the comfort of our clients first, we only work on a contingency basis. This lets you focus on getting well and preparing for the future, and you will only owe us if we gain compensation for you. Contact us anytime for a free consultation to talk about your particular case and how we can help you best.
Cases We Handle
Brachial plexus injuries are serious and their causes all largely stem from the damage of nerves around the shoulder. Some types of brachial plexus injuries include Erb’s palsy, Klumpke paralysis, Erb-Duchenne paralysis, and Brachial palsy. These examples have different names, but they all share a number of undesirable symptoms, including pain, numbness and in extreme cases, paralysis of the upper limbs. Even before the delivery of a newborn infant, the nerves of the shoulder, known collectively as the brachial plexus, may be affected in the mother’s womb by compression. During the delivery, there are a variety of complications that may arise that contribute to a brachial plexus injury. Some of these include the case of an infant’s head and neck leaning toward the side as the infant’s shoulder cross through the birth canal. This is a natural cause, however brachial plexus injuries can just as easily be caused by a doctor’s negligence. During the delivery process, a doctor improperly stretching the infant’s neck or pulling their arm can compromise the smoothness of the delivery and lead to brachial plexus injuries.
There are other ways that one rash mistake by a doctor can lead to an unintended brachial plexus injury which goes to show the importance of taking a careful approach in the delivery of a baby. The baby may be lodged in the mother’s pelvic area but the doctor may not notice, which can create problems. The doctor may handle the baby too fast in an effort to get it out of the womb before the umbilical cord is compressed in the birth canal. The problem emerges when the doctor can use too much force in trying to get the baby out, and the network of nerves that connect the spinal cord to the infant’s neck, arm, shoulder, hand, and fingers are at risk of being injured.
Another technique that doctors may use in an effort to speed up the delivery process, which should be avoided, is applying excessive pressure to a baby’s head and neck. This can cause rips, tears, and nerve damage to the newborn. There are some cases where the use of birth-assisting tools is necessary, and doctors need to have particular care in handling these or they may present a risk for a brachial plexus injury. The cases that typically call for tools to be used, such as the vacuum or forceps, could be a breech birth or an instance of the monitors indicating fetal distress. If the doctors or other medical staff don’t use great care with the tools assisting with the extraction of the baby, the baby’s skull as well as the nerves in its neck, shoulder and arm risk being injured. In many cases, the medical staff has the ability to anticipate potential risks by simply paying close attention to the health and status of the baby, as well as by using the ultrasound to locate the baby’s position in the womb. Some potential signs of a doctor’s negligence may include specific failures on the doctor’s part. The doctor may fail to judge the size of the baby in the womb correctly, fail to observe signs of the infant’s location in the womb, fail to notice indications of fetal distress, fail to initiate a C-section at the appropriate time, or fail to give adequate postnatal care to the baby.
If there is reason to believe that your doctor’s negligence has resulted in a brachial plexus injury to your child, the process for your case will most likely be fairly simple. Most brachial plexus injury cases are able to be settled out of court. Your lawyer will handle the gathering of suitable evidence that indicates proof that the defendant’s negligence was a primary cause for your child’s injury. In the majority of cases the evidence that your lawyer is able to gather will be enough for the defendant’s lawyer to negotiate a fair settlement. In the rare case that the defendant refuses to settle, the case will go to trial, but this is something that you will likely not have to face. The amount of compensation that you will receive in the case of a lawsuit will depend on multiple factors. They will probably include medical expenses, therapy, both occupational and physical, and rehabilitation expenses, lost wages, if you’ve needed time off from work to provide care for your infant, and emotional stress and suffering, which may vary by the part of the country in which you reside. In addition to these criteria for economic and non-economic compensation, you may also be entitled to punitive damages. Punitive damages arise if the defendant has knowingly performed in a reckless manner that has endangered others, in this case your newborn infant, and it is intended as a form of punishment. The question of punitive damages often comes up during a trial, and it is ultimately the judge and/or the jury’s decision to determine the amount of compensation allocated for these damages.
Contact Us Today
If you have substantial cause to believe that your newborn infant’s brachial plexus injury was resulting from a doctor or hospital’s negligence, you may be entitled to compensation. Our team of lawyers at Mazin & Associates, PC will aggressively fight on your behalf to get the compensation you deserve. Contact us at (416) 625-2122 for a free consultation and discuss the best way to proceed.