Are you hesitant to call a lawyer about your child's injury?

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Charles E. Gluckstein /
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Are you hesitant to call a lawyer about your child's injury?

Reaching out to a lawyer can be a difficult thing to do. Over the years, I have discovered that parents/caregivers have shared concerns. The reasons I hear time and again. I want to explore these reasons and offer answers and a new perspective.

I don't have the time or energy to deal with a birth injury lawyer.

When you first call a medical negligence lawyer, you'll discuss what happened during your child's birth or neonatal care and how your child is doing now. The next step in the law is to obtain health records to review. Often we can have a follow-up meeting with the parents and give insight into what happened simply from our review of the documents.

I can't afford a birth injury lawyer

The initial call with a lawyer requires no commitment or fee. Once you decide to proceed with an investigation or subsequent legal action, you will sign a contingency agreement, which means that the lawyer will be paid from the money the client receives at the end of the lawsuit. No legal fees are expected to be paid out of our client's pockets.

I don't know what happened

Parents are worried that without explicit knowledge of an error, there is no way to prove what happened to their child. I always say the same thing – let us take a look at the records. There is no commitment at the investigation stage; it's a fact-finding mission.

Did a health care provider save my child?

Maybe. Health care providers save lives every day. This includes those who deliver babies and treat newborns. We will let you know if your child was saved by a medical professional. The first step after contacting my law firm is an investigation. We hear your birth story, order the records and review them.

Did I do something wrong?

This is an overwhelming feeling and one that can bring up feelings of immense guilt. You may have heard this before but let me take a minute to repeat it - nothing that happened to your child is your fault! Care providers must inform you about various approaches to labour and delivery or neonatal care risks and benefits. They monitor your baby to ensure that everything is proceeding normally and safely.

Will my child's ongoing medical care be impacted if I start a lawsuit?

In most cases, a lawsuit will not impact your child's ongoing care. Typically, the nurses and physicians working in labour and delivery have no ongoing follow-up care with your child.

The only time where there may be some impact on going care is if you are suing your family doctor or another active treatment provider, and you will likely prefer to find a new health care provider.

Am I out of time to bring legal action?

A child's two-year time limit to bring a lawsuit starts to run once they turn 18. In cases where the child does not have the capacity, they are not subject to the running of a limitation period. My one caution for parents that plan to hold off on bringing legal action until some point in the future is that health records are only maintained for a while.