A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful event. Medical mistakes during delivery and labor can cause serious birth injuries. These injuries can have long-lasting repercussions and significant financial costs for families.
A Denver birth injury lawyer in Denver can help parents receive compensation for the ongoing care of their child. An action is possible at any time prior to a minor's eighth birthday.
Birth Injury Causes
Medical malpractice happens when a doctor or health professional deviates from the accepted medical guidelines and can result in death or injury. Medical negligence during childbirth, which could result in astronomical medical expenses, lost income and the inability to meet the basic needs of your child is among the most preventable birth injuries. A skilled Denver birth injury lawyer like Laura Brown can help you fight for your child's right to compensation.
There are a variety of birth injuries, however one of the most common is one that causes oxygen deprivation (anoxia). This kind of birth injury can result in irreparable brain damage that can affect the child's physical, mental and emotional performance. It could also lead to developmental delays as well as impulsive behavior and learning disabilities.
Another form of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus which extend from the spine to the arm, shoulder and neck. These injuries can lead to an impairment in the fingers, hands, and arms. These injuries may also lead to Erb's Palsy. These injuries result from shoulder dystocia. This is a condition in which the baby gets stuck in the birth canal and force is used to deliver the baby. This can result from the nurse, doctor or midwife who is not handling the situation and causing injuries to the brachialplexus.
Other injuries include a lack blood flow to the foetus, inadequate oxygenation during birth, inadequate intubation, airway obstructions elevated bilirubin levels, and stress in the fetus. Fetal distress is often detected by a quick test known as the Apgar score, which evaluates a newborn's breathing, muscle tone as well as heart rate and skin color after childbirth.
Some birth injuries require immediate medical attention, whereas others may not be detected until months or even years after the baby is born. Injuries such as skull fractures or subgaleal hemorrhages are obvious, however many other birth injuries are not recognized. For example brain imaging can show the presence of certain conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Medical negligence or malpractice is the main cause of birth injuries. These lawsuits claim that doctors, nurses or other healthcare provider violated their obligation to take care of the mother and child through their actions or inability to act.
A lawyer can help parents in constructing a solid case by reviewing the medical records of the patient and retaining experts to testify. Medical professionals will give evidence that demonstrates how a healthcare provider's actions or inactions harmed the patient.
Medical experts typically declare that a doctor's or the actions of a healthcare professional fell below the standards of care in their field. They will also offer opinions on the injuries that the healthcare provider could have done more to avoid. The attorney will then use this information to bargain with the doctor or hospital to settle the matter.
In many instances, the doctor or hospital will offer a settlement prior the trial. They are trying to avoid negative publicity, and may be willing to settle to ensure their reputations. If the doctors or hospital refuse to accept a settlement, an attorney may file a medical negligence lawsuit in the court.
If a lawsuit is filed, the parents are plaintiffs, and the nurses, doctors, and other medical professionals are defendants. Lawyers will begin the discovery process. This includes sharing all the evidence that support the case. They will also take depositions which are sworn statements.
The attorneys will argue the defendants were negligent in not adhering to a certain standard of care in their profession and that their negligence caused injury to the child. They will seek compensation for the losses resulting from the injury, which include medical bills, lost earnings and other expenses. A jury or judge can award additional damages, including non-economic losses, like suffering and pain. In some cases, juries and judges can also award punitive damage, which is intended to punish defendants for their utter negligence or disregard.
An experienced Denver birth injury lawyer can help parents understand their rights and advocate for fair compensation to cover medical expenses, therapy expenses and other expenses related to injuries. They can help families assess their losses to the fullest extent and make a claim against negligent healthcare providers.
Statute of limitations
If a medical professional fails to provide an infant or mother with the standards of care during pregnancy, labor and delivery, and the injuries result in life-altering consequences victims can file a lawsuit. A birth injury lawyer can assist families to file a claim to obtain the cost of medical bills and lost wages (if the parent has to be absent from to care for the child) and more.
A birth injury lawyer is essential to contact as soon as you can following a suspected medical mistake during the delivery process. State law has deadlines that victims must adhere to. An experienced lawyer will help clients understand the timelines to file a claim and can also successfully argue for extensions if needed.
A lawyer can start building a strong case for damages after they have decided to take on the case. They will gather the necessary evidence. medical malpractice birth injury could include medical documents of the mother and child, as well the testimony of experts. These experts can provide an explanation of the standard of care in this type of scenario, and demonstrate how the medical provider's actions deviated from the standard.
The lawyer can also pursue compensatory damages, depending on the extent of the injury. These damages can include both economic and non-economic damages including emotional distress, disability and loss of enjoyment in life. In certain cases the lawyer may seek punitive damages in order to penalize the defendant and act as a deterrent to others.
Birth injury victims typically have multiple claims against a variety of defendants, such as doctors, midwives, nurses and other medical professionals. The lawyers at a birth injury firm will conduct a thorough investigation to determine who are accountable for the negligence and who is accountable. They can then seek maximum compensation for the victim and their family. The total amount of damages granted in a successful medical malpractice suit is determined by state laws, but they can include all the financial and personal losses that occur as a result of the accident.
Compensation
Birth injuries can be anything from minor, like broken bones to more serious injuries that impact a child's health. Some of the most serious medical birth injuries are cerebral palsy as well as hypoxic ischemic encephalopathy (HIE). If a child is deprived of oxygen the brain and other vital tissues are unable receive the nutrients required to function properly. Many factors can cause deficiency of oxygen during labor and delivery, including a long or complicated pregnancy as well as the use of vacuum during an uneasy birth.
A Denver birth injury lawyer in Denver can help victims and their families bring a lawsuit against responsible parties for the harm that result from the injury, including medical bills, lost wages, and suffering and pain. A lawsuit can also help cover the cost of special equipment and therapy programs that might be required to provide care for the child.
Employing a local attorney to deal with birth injuries is important since it will help you save time and effort traveling to and from meetings, court dates, and other legal procedures. Local law firms will also be more familiar with the medical experts involved in the birth of your child. They are more likely to be aware of any prior problems or issues with negligence or malpractice.
Medical malpractice claims can be extremely complicated and costly, and many insurance companies attempt to avoid liability by blaming the victim the accident. A birth injury lawyer who has years of experience in investigating cases can determine the circumstances, who was at fault, and the value of the injury.
A lawyer is also able to take on the task of preparing the case which can be extremely time-consuming and requires expert testimony from doctors and other trained professionals. A lawyer will also ensure that the statute of limitations has been met and that the proper medical records are gathered prior to filing a lawsuit.
The earlier you get in touch with an Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The lawyer will investigate your claim and gather the evidence needed to establish a solid compensation case. Medical documents as well as expert witness statements and other evidence are crucial to prove that your child's injury was caused by an medical professional's negligence. Schedule a consultation with an experienced Colorado birth injury lawyer today to determine how much your case is worth.