Taking Action

Frequently asked questions and answers on how we can help you.

• What are my rights?
  Sometimes injuries happen during birth and it is no one’s fault. But this isn’t always the case. You have a right to speak with your physician about a birth plan, the risks involved with any birth and pregnancy, and your feelings about certain procedures. It’s your child, and your pregnancy, so you should be informed about risks and benefits every step of the way.
• How will I know if I should speak to a lawyer?
  If you believe that there was a point in your pregnancy or birth that could have prevented a brain injury or other birth injury, speaking to a lawyer will help you learn about the next steps you can take. If you call a lawyer, they will speak to you on whether they believe you should come in for a consultation. The first consultation is free of charge.
• Did something go wrong?
  Everyone makes mistakes. Sometimes it's a doctor failing to identify a risk in the pregnancy early on when something could be done. Maybe it's a midwife or doctor who didn't recognize a problem during the delivery. After the baby's birth sometime mistakes are made in recognizing a developing condition. You need someone experienced in reviewing these cases to give you sound, objective advice. We have that experience.
• What should I have prepared if I am to see a lawyer?
  Once you have made an appointment to speak with a lawyer, there is one important word to keep in mind: detail. Write out everything in chronological order from the beginning of your pregnancy to the birth in as much detail as possible. This can include written details, but also any photographs, video or audio you have made. By providing as much detail as you can, your lawyer can tell you if you have a case.
• What will the consultation cost?
  First in-person consultations are completely free. The only thing it will cost is your time. By giving a lawyer a call, we will meet you to learn about the facts and information, and to provide you with guidance on whether you should pursue a case, the benefits and challenges of your case, and to help you make a fully informed decision on whether you would like to move forward with a case.
• What should I expect as my first meeting with a lawyer?
  Before your lawyer can go into the details of your case, they need to understand it. Your lawyer will need to know a chronology of what occurred, who was involved, what was done and when. They can then go into how they will proceed with your case, and information on legal fees and expenses.
• How long could a case take?
  The time it takes to develop a lawsuit and bring it to a conclusion is variable. The factors that impact on it include medical (is the child’s prognosis clear, are there expert opinions that need to be obtained, has the child’s condition improved or worsened), scheduling (identifying times in lawyers’ and clients’ calendars when procedural steps can be taken), administrative (the availability of judges, courtrooms and duration the trial is expected to take), and procedural (expected and unexpected complexities that must be first resolved).
• Are there any time limits?
  There are deadlines for starting lawsuits against doctors, nurses, hospitals and other health practitioners. These are called “limitation periods,” and each one is different. In general, the limitation period against someone in the health industry is two years from the date the injury occurred. However, there are exceptions to this rule, such as when the person injured is a child. It’s important to call a lawyer as soon as possible to find out your next steps.
• Why choose MD Lawyers?
  We are some of the most experienced trial counsel in Canada. We have a proven track record in litigating and settling lawsuits on behalf of injured children. The partners at MD Lawyers are both mothers. We take it personally. We care about our clients. We give sound experienced advice and support with the challenges you face.