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Butter Torts: A Truly Canadian Legal Podcast


Oct 16, 2020

Welcome to another episode of Butter Torts, a truly Canadian legal podcast. Today, Brenda Agnew and Richard Halpern, are sharing their stories and expertise.

 

Brenda is a former client that now works with the Glusckstein family as a client liaison, she is the proud mother of two boys, Chase and Maclain. Her son Maclain has severe Cerebral Palsy and profound hearing loss as a result of a condition known as Kernicterus, a brain injury that results from untreated jaundice.

 

Richard is a senior lawyer acting exclusively for injured people in medical negligence cases, with a special focus on infants injured at or around the time of birth. Richard is known across Canada for his expertise in birth injury cases. He has more than 30 years of experience representing seriously injured people. Today he will share his insights on helping parents make decisions about choosing a law firm and understanding their lawsuit.

 

Today’s conversation is centered on pediatric birth injury, these cases are heart-wrenching, where lawyers have to deal with the most vulnerable, those who don’t have a voice for themselves, and also with their families with difficult dynamics resulting from the impact caused by a child who suffered a life-altering injury.

 

Key Takeaways:

[3:20] Brenda talks about how she found Gluckstein lawyers and why she approached them.

[9:08] Richard shares the main features of the first meeting with parents that seek answers with regards to what happened to their baby.

[10:54] At Gluckstein lawyers parents are provided with a real idea of what happened to their baby even before the experts intervene.

[12:35] The stories from the parents are often far more reliable than the nurse and the doctors’.

[13:15] The most important information: 1- The history of what happened, 2- Medical records excluding the labor, 3- Fetal heart rate strips.

[15:40] The MRI tells when and how the injury occurred.

[17:15] Brenda talks about the parents’ expectations when they go to the first meeting with a lawyer.

[20:45] Richard talks about the costs in the process of a case of brain trauma.

[26:46] Richard explains why he goes through the records himself.

[28:22] What happens when the client is still treated by the same medical professional and really wishes to keep that doctor in their team?

[33:04] The screening of the case: finding the right experts.

[36:15] Brenda talks about the overwhelming feelings after the first consultation with a lawyer.

[38:20] How do lawyers keep clients engaged and optimistic?

[41:37] Richard shares his view about managing the client’s expectations.

[44:05] Transparency is the key in order for parents to know what to expect.

[50:42] The limitation period.

[51:00] When is a case ready to be issued?

[53:10] Richard explains the process once the claim goes out and the litigation begins.

[57:10] There are no limits on insurance in cases of brain injury.

[59:35] There is a layer of protection for people under disabilities.

[1:03:36] Brenda shares the challenging process of showing the children’s lawyer how the child’s funds were managed.

[1:05:19] Brenda is currently working on a guide for parents to provide them with templates and how to prepare for the different steps on the process of a pediatric birth injury lawsuit.

[1:06:05] Brenda talks about her role in what is called “Full Circle Care” at Gluckstein Lawyers.

[1:08:19] Maintaining the relationship with the families after the case is over.

 

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

 

Learn more about Brenda Agnew

Learn more about Richard Halpern

 

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