Birth Injury Claims

Giving birth to a child can be an exciting and daunting experience. You trust that the doctor delivering your baby has the skills and competence to handle this monumental event. Unfortunately, situations occur where a child may be injured during birth, possibly warranting medical care for the rest of his or her life.  How do you determine whether the doctors and nurses involved in the birth were at fault?

In Ontario, doctors are held to a certain standard of care and when that standard is breached, the delivering doctor (or assisting medical staff) may be found negligent & liable for damages.

At Wallbridge Wallbridge Lawyers, we examine four criteria which must be proven in any successful lawsuit against a doctor for medical malpractice: the duty of care, breach of that duty, causation and harm.

Duty of Care

The first step of the test is to determine whether the doctor or assisting medical staff owes you a duty of care.  Generally, anyone involved in helping to deliver your child accepts that they owe a duty of care to you and your baby in accordance with the generally accepted standard of care.

Breach of Care

In this step, you must first establish the generally accepted standard of care for the circumstances the doctor or assisting medical staff faced with your specific delivery. This is achieved by calling other medical experts as witnesses. Once the standard of care is established, the court must determine whether your specific doctor or medical staff breached this standard.

The standard of care includes, among other things, matters such as responses to abnormal fetal monitoring, the timing of emergency caesarian sections and the ability to make difficult decisions when the delivery is complex.

Causation

If the court finds that the doctor breached the standard of care, the court must then determine whether that specific breach actually caused the birth injuries in question. It may be that the child had pre-existing medical conditions, in which case, the doctor may not be found liable. If however, the doctor’s failure to recognize and treat issues caused or worsened the defects, the doctor would likely be found negligent.

Harm

Even if the court finds that the doctor was negligent, there must be actual harm resulting to you or to your child. If there are no health issues as a result of the doctor’s delivery, there are no damages.  Sometimes, it may be agreed that a child has health issues as a result of the birth, but there may be disagreement about the nature and the amount of care that he or she needs.

Contact Wallbridge Wallbridge Lawyers for Your Medical Malpractice Lawsuit

If your child has suffered birth injuries in Timmins, Sudbury, New Liskeard, North Bay, Ottawa or at any medical facility in Ontario due to suspected negligence by a doctor or medical staff, call one of our lawyers for a consultation.  We can assess whether you have a case.

Even in cases where the negligence of the doctors and the medical staff is clear, it is important to speak to a lawyer to understand the true value of your case before agreeing to settle. Otherwise, you may relinquish your rights to receive proper compensation and settle for a lesser amount than you need to adequately care for your child.

A medical malpractice claim is serious and can be stressful – we can alleviate that stress by answering your questions. Contact us at 1-866-856-6197 or mail@wallbridgelaw.com to arrange a meeting today. Our personal injury lawyers in Timmins, Sudbury, North Bay, New Liskeard and Ottawa would be happy to review your claim.

Concussion Injuries in Ottawa, Sudbury & Timmins

When a person is injured in an accident, there are not only physical and emotional consequences, but often significant financial losses. This is especially the case in serious accidents that involve injuries to critical parts of the body, such as the brain, that drastically interfere with a person’s ability to work and get back to their daily activities.

Brain injuries resulting in concussion and post-concussive syndrome can be highly troubling. Common symptoms of concussion include issues with short-term memory, confusion as to person and place, dizziness, issues with balance, extreme sensitivity to stimuli such as light and sound, irritability and extreme headache. Sometimes, symptoms are not apparent immediately, and their full effect may only be observed weeks or months after an accident. Some individuals will develop post-concussion syndrome, which is the persistence of symptoms for three or more months following the trauma to the head.

Unfortunately, in many cases, the victim’s symptoms may result in their inability to carry on full-time work. Income losses are often a driving factor in commencing a lawsuit, as there may be disagreement about the victim’s ability to work, and the amount of compensation at issue can often be very large.

Below is a discussion of a few common types of accidents that lead to concussion.

Motor Vehicle Accidents, Including Bicycle and Pedestrian Accidents

Some of the most common types of accidents leading to concussion and to personal injury litigation are motor vehicle, bicycle and pedestrian accidents. A concussion can arise from a driver hitting his or her head on the steering wheel or the interior of a vehicle, being ejected from a vehicle or off a bicycle, or striking a window, the vehicle’s bumper, and/or the ground.

In the motor vehicle context, whether in an accident involves two vehicles, a single vehicle, or a a vehicle and either a bicycle or a pedestrian, insurance will typically be available to assist the Defendant. It is mandatory by law to purchase automobile insurance; the insurer will provide defence counsel to an at-fault driver who is sued and will pay most awards of damages that are made to an injured party.

Damages are recoverable losses payable to an injured party; these include lost income from missing work, medical expenses, rehabilitation expenses, housekeeping expenses, and any amounts available at law for pain and suffering (this is also called “non-pecuniary general damages”).
Often, an individual’s pre-existing health will be considered by the Court when assessing the impact of a concussion.  In Abel v Hamelin, 2007 CanLII 17185 (ON SC), there was no question that the Defendant driver in a motor vehicle accident was at fault for the injured pedestrian Plaintiff’s injuries. However, competing expert medical evidence from several professionals was called at trial regarding the severity of the Plaintiff’s cognitive injuries, their impact on her abilities, and the extent to which the cognitive deficits were caused by the motor vehicle accident. Ultimately, the Court held that, although the Plaintiff had pre-existing cognitive deficits, the motor vehicle accident had significantly exacerbated her cognitive problems.

Slips, Falls, and Falling Objects

Slip and fall accidents, such as slipping on ice on a sidewalk, tripping over an uneven sidewalk, walkway, or doorway, or tripping over an object left in a store aisle can also result in concussive injuries that are compensable. Similarly, concussions can arise from poorly stored or loosely secured objects falling from overhead (for example, a customer in a large store may fall victim to a falling box, or a light fixture coming loose). Again, there is usually insurance to cover your claim for damages.

Sports Accidents

In recent years, there has been a heavy focus on the risk of traumatic brain injuries (TBIs) and consequent concussion as a result of participating in contact sports, and extreme sports. Sports such as boxing, hockey and football are now notorious for the risk of concussive injuries to participants. Extreme sports including skiing and snowboarding can also result in concussions as a result of falls at high speeds, improperly executed jumps, and striking trees.

Although litigation may arise from concussive injuries in the sporting context, these are somewhat less common than lawsuits arising from motor vehicle accidents or slip and fall on personal or public property. This is, in part, because liability for the victim’s injuries can be difficult to assert against an individual who inflicts the injury, as they are often unlikely to have insurance which would respond to the claim.  Unless the responsible individual has the means to pay, it can be very difficult to collect compensation that is awarded.

More often, lawsuits seeking compensation for sports accidents will ask the Court to hold the organizer or the sports venue accountable for a victim’s injuries.  These claims are frequently complex because these Defendants will argue that the risks of sporting activities are assumed by the player in deciding to engage in the sport.  In many cases, players and participants have signed a waiver of liability to cement their inability to commence legal action against the organization running the activity.  An experienced lawyer can often develop a successful strategy to challenge these legal arguments.

In Leighton v Best, 2009 CanLII 25972 (ON SC), for example, the Court was asked to consider the conduct of players in a recreational hockey game.  In that case, the Defendants argued that a certain amount of bodily contact and even “roughing up” was to be expected, while the Plaintiffs argued that behaviour that goes beyond the norm should be construed as assault at law. After hearing the evidence, the Court agreed with the Plaintiff that the Defendant player’s conduct was considered “unusual and beyond the scope of the ordinary standards applicable in Gentlemen’s Hockey”. The Defendant had physically removed the Plaintiff’s helmet and had beaten him in the head, resulting in a minor concussion. The plaintiff was awarded $35,000 in general damages.

Call Wallbridge, Wallbridge Personal Injury Lawyers in Timmins, Sudbury, North Bay, New Liskeard & Ottawa about your concussion claim.

If you have incurred an injury that was caused or contributed to by another party and you believe that you may have suffered a concussion or a head injury, contact our lawyers in Timmins, Sudbury, North Bay, New Liskeard or Ottawa. We are experienced personal injury litigators and will provide a free initial assessment of your case and the prospects of recovering compensation for your losses. Call us at 1-866-856-6197.

Personal Injury Accidents A Lawyer Can Help You With

Many personal injury accidents occur in Ontario each day. Accidents can happen anytime and anywhere, including while you are commuting and when you are at work, doing business, or at home.  Highly common personal injury claim types are introduced briefly here.

Automobile Accidents

Automobile accidents are so frequent that drivers are first required to obtain a licence and mandatory auto insurance before they can get behind the wheel. If you get injured in an accident, basic coverage for related expenses is available in the form of Accident Benefits, regardless of who was at fault. Insurance policy terms and conditions are standard and must comply with the Insurance Act.

To access Statutory Accident Benefits, you must complete various forms and submit them within contractually stated timelines. Failing to submit the required forms in a timely manner will prohibit you from receiving money that you may need for medical and rehabilitative treatment or to supplement your income. Our lawyers in Timmins, Sudbury, North Bay, New Liskeard and Ottawa have the knowledge and experience to ensure that you collect the maximum amount allowable under your insurance policy.

If the accident injuries are considered permanent and serious, you may have a tort claim for expenses and losses above and beyond your personal insurance policy limits. You may be eligible to receive compensation for pain and suffering, future lost income, additional living expenses and medical and rehabilitation costs if you have been seriously injured. Our law firm can advise you if you have a claim for losses over and above the limits your insurance policy and can help you navigate the litigation process.

Buses and Public Transportation Accidents

Accidents involving public transportation may be subject to different laws and statutes depending on the circumstances.

If your injuries occurred while boarding public transit due to a municipality not clearing snow from a platform or maintaining a roadway, the municipality may also be found liable. Consult with our personal injury lawyers in Timmins, Sudbury, North Bay, New Liskeard and Ottawa as soon as possible to ensure the responsible parties are put on notice within any limitation periods that may be applicable.  The deadlines for providing notice to government authorities are often as little as ten days, so it is essential to contact a lawyer immediately.

Cycling Accidents

Cycling in the city, suburbs or country can be hazardous. Cyclists are subject to the Highway Traffic Act, but drivers are often not cautious about their responsibility to share the road with them.  Cycling accidents often result in catastrophic injuries to the cyclist.

Our law firm offices in Timmins, Sudbury, North Bay, New Liskeard and Ottawa have the experience necessary to establish your claim if you have suffered injuries from a cycling accident.

Pedestrian Accidents

As a pedestrian, you are vulnerable to motor vehicles, bicycles, neglected properties and even falling debris. In assessing who is negligent, the case may be more complex if a business or building owner has some liability.

Our firm can conduct the necessary searches to determine who owns a building if the owner was negligent, and can put the owner’s insurance company on notice.  A building that is under maintenance may also have a contracting company that is responsible. It is critical that you have an experienced lawyer to ensure that every negligent party is served with your claim for injuries.

Slip and Falls

The Occupiers’ Liability Act states that:

(1) an owner;

(2) a person who has responsibility for and control over the condition of premises;

(3) a person who has responsibility for and control over the activities conducted on premises; or (4) a person who has responsibility for and control over persons allowed to enter the premises, has a duty to take such care that is reasonable to ensure that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

A simple slip and fall can result fractures, head injuries, spinal injuries or soft tissue injuries.

If your accident occurred on municipal property you may be required to give notice of your accident within days, depending on the municipality. Our legal professionals in Timmins, Sudbury, North Bay, New Liskeard and Ottawa can advise you.

Medical & Dental Malpractice

Regulated Health Practitioners, such as doctors, nurses and dentists, must meet legal standards when providing care to their patients. Misdiagnosis, delayed diagnosis, medication, surgical and anesthesia errors, or birth injuries are all considered a breach of the standard of care.  Our personal injury firm has the expertise to assess your potential claim and to advise you if you have suffered injuries from a health care provider’s error, act or omission.

Disability & Life Insurance Disputes

When you pay insurance premiums for disability or life insurance, you expect your insurer to honor your policy when your need arises.  Unfortunately, insurers often deny or terminate claims; when they do, their refusal pay can be financially devastating for you and your family.

If you have been denied benefits, our firm can advocate for you to your insurance company.  If they continue to refuse to pay, we have experienced lawyers who can sue for the benefits that you are owed.

Contact Wallbridge, Wallbridge, Personal Injury Lawyers in Ottawa, North Bay, New Liskeard, Sudbury & Timmins

At our law firm, we handle personal injury claims solely for Plaintiffs. Whether you need an auto accident lawyer in Sudbury, a slip and fall lawyer in Timmins, or a medical or dental malpractice lawyer in Ottawa, we can help you get results. Our lawyers handle a broad range of personal injury claims. We provide a free initial personal injury consultation and charge on a contingency fee basis. Call today at 1-866-856-6197.

What to Do if You Get Injured in an Automobile Accident

A car accident can be a scary event, especially if there is an injury involved. While your immediate safety is the most important thing to look after, it is important to know the steps to take to protect yourself legally.

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Changes to the Statutory Accident Benefits Schedule

Amendments to the Insurance Act

The amendments to the Insurance Act and its regulations, increasing the amount of the statutory deductibles in motor vehicle accident cases, took effect as of August 1, 2015.

The legislative amendments made are as follows:

•Deductible for non-pecuniary damages:$36,540 (increased from $30,000)

•Deductible for Family Law Act damages:$18,270 (increased from $15,000)

•Deductible threshold for non-pecuniary damages: $121,799 (increased from $100,000)

•Deductible threshold for Family Law Act damages: $60,899 (increased from $50,000)

The deductibles will be indexed for inflation annually on January 1st, commencing in 2016.

Section 267.5(9) of the Insurance Act has been amended to provide that costs are to be determined “with regard” to the effect of the deductible (i.e. costs will now be awarded having regard to damages net of the deductible).

It is not yet clear whether the amendments will apply retroactively to existing actions.  Counsel engaged in settlement discussions will have to ensure that their clients are fully advised of this ambiguity in the law until further direction is received from the Court.