A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child should be a joyous occasion. Birth complications and medical errors during labor can cause serious birth injuries. These injuries can cause lifelong repercussions and significant financial costs for families.
A Denver birth injury lawyer can assist parents in obtaining compensation for the care and treatment of their child. The claim can be filed anytime prior to the minor's 8th birthday.
Causes of Birth Injury
Medical malpractice occurs when doctors or other health professionals deviate from the accepted medical guidelines, causing injury or death. Medical negligence during childbirth, which may result in massive medical expenses as well as the loss of income and inability to provide for your child's basic needs, is one of the most avoidable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can help you fight to protect your child's rights to compensation.
There are many types of birth injuries, but one of the most frequent involves oxygen deprivation (anoxia). This kind of birth injury can result in irreparable brain damage and affect the child's physical, mental, and emotional functioning. It can also lead to developmental delays, impulsive behavior, and learning disabilities.
Another form of birth trauma is nerve damage. This includes injuries to nerves in the brachialplexus, which extend from the spine to the shoulder, arm and neck. These injuries can cause the loss of function in the arms, hands and fingers. These injuries may also lead to Erb's Palsy. These injuries result from shoulder dystocia. This is a condition where the baby is stuck in the birth canal and force is used to birth the baby. A nurse, doctor, or midwife may mismanage this situation and injure the brachial plexus.
Other injuries include a deficiency of blood flow to the fetus, inadequate oxygenation during labor and delivery and intubation that is not properly done or an obstruction to the airway, high levels of bilirubin and distress in the fetus. Fetal distress can be diagnosed through a simple test known as the Apgar score. This test measures a newborn's skin color as well as breathing, muscle tone and heart rate following birth.
Some birth injuries require immediate medical attention, while others may not be detected until months or even years after the baby's birth. Injuries such as subgaleal hemorrhages or skull fractures 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 cause of many birth injuries. These lawsuits claim that a doctor, nurse or midwife or another healthcare provider breached their obligation to care for the mother and child by their actions or inaction.
A lawyer can help parents to build a convincing case against a healthcare professional by reviewing the patient's medical records and hiring experts to testify. Medical professionals can provide evidence that demonstrates how a healthcare provider's actions or lack of action harmed the patient.
Most often, these experts will testify that the doctor or other healthcare provider's actions were below the standards of care that are required in their field of expertise. They also offer their opinions on injuries that the healthcare professional could have prevented. The attorney will use this information to negotiate a settlement with the hospital or doctor.
In many cases, the doctor or hospital will offer a settlement prior the trial. They may agree to settle to protect their reputation and avoid negative publicity. If hospitals or doctors refuse to settle, a lawyer may make a claim for medical malpractice in the court.
When a lawsuit is filed, the parents will become the plaintiffs and the doctors, nurses and other medical professionals will become defendants. Lawyers will begin the process of discovery. skilled birth injury lawyer includes providing all the information that can support the case. They will also take sworn statements, or depositions.
The attorneys will argue that the defendants acted negligently by not adhering to a standard of care within their field 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 judge or jury could award additional damages, such as non-economic losses, like pain and suffering. In certain cases, juries and judges can also award punitive damage, which is intended to punish defendants for their utter negligence or disregard.
A Denver birth injury lawyer can help parents understand and assert their rights and fight for fair settlement that covers medical costs as well as therapy costs and other injury-related costs. They can assist families in determining their total losses and make a claim against negligent healthcare providers.
Statute of Limitations
Victims are able to file a lawsuit if a medical professional fails in their duty to provide an infant or mother with the care during labour, pregnancy, and delivery. Injuries cause permanent damage. A birth injury lawyer can help families to file a claim to recover compensation for medical bills and lost wages (if parents have to leave work to take care of the child) and much more.
A birth injury lawyer is important to contact as soon as you can following a suspected medical mistake during the delivery process. The law of the state has deadlines that victims must adhere to. A skilled lawyer can help clients understand the timelines to make a claim, and also successfully argue for extensions if required.
A lawyer can begin constructing an argument for damages that is strong after they have taken over the case. They will gather the evidence needed. This can include medical documents of the mother and child, along with the testimony of experts. These experts can explain to the court the standard of care in this kind of scenario and explain how the actions of the medical practitioner were not in line with the standard.
The lawyer may also seek compensation damages, based on the severity of the victim's injuries. These may include non-economic as well as economic damages, like pain and suffering, emotional distress, disability as well as loss of enjoyment life, and more. In certain cases lawyers can seek punitive damage to punish the defendant as well as serve as a warning to others.
Birth injury victims typically have multiple claims against a variety of defendants, including doctors, nurses, midwives and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is accountable for the malpractice and who is accountable. The victim and his family can then be compensated to the maximum. The laws of the state restrict the amount of damages that can be awarded in a medical malpractice lawsuit, however, it is possible to include all personal and financial losses as a result.
Compensation
Birth injuries can range from minor abrasions like broken bones to serious injuries that impact the child's health in the long term. Cerebral palsy and hypoxic ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When a baby suffers from oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they need to function effectively. There are a variety of factors that can lead to the loss of oxygen during labor and delivery, including a long or difficult pregnancy, as well as the use of a vacuum during an uneasy birth.
A Denver birth injury lawyer can help families and victims file a lawsuit against the responsible parties for the damages that result from the injury, including medical bills, lost wages and suffering and pain. A claim could also cover the cost of any equipment or therapy program that is required to treat the child.
Finding a local attorney for birth injuries is important because it can save you time travelling to and from court dates and other legal proceedings. Local law firms will also be more familiar with the medical experts involved in the birth of your child. They will be more likely to be aware of whether they have had any previous issues or had a past history of negligence or malpractice.
Medical malpractice claims can be extremely complicated and expensive, and many insurance companies try to avoid responsibility by blaming the victim for the accident. An experienced lawyer for birth injuries will investigate the case and determine what occurred which party is responsible and what the damage is worth.
A lawyer can also be able to handle the preparation of the case. This is a lengthy process that requires the testimony of doctors and other professionals. A lawyer will also make sure that the statutes of limitation are observed and that all medical records are gathered prior to filing an action.
The earlier you get in touch with an Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The lawyer will investigate your claim and gather the evidence needed to create a strong claim for compensation. Medical records, expert witness statements, and other evidence are crucial to show the injury suffered by your child was caused by an medical professional's negligent actions. Contact an experienced Colorado birth injury lawyer today to find out how much your case is worth.