A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby should be a joyful time. Birth complications and medical errors during labor can lead to serious birth injuries. These injuries can have long-lasting consequences and a significant financial burden for families.
A Denver birth injury lawyer can help parents recover compensation for their child's lifelong care needs. A claim can be made at any time prior to the minor's 8th birthday.
Causes of Birth Injuries
Medical malpractice occurs when doctors or other health care professionals deviate from the accepted medical guidelines which can result in injury or death. Medical negligence during childbirth, which can cause astronomical medical costs and loss of income, as well as the inability to meet your child's basic needs is among the most preventable birth injuries. An experienced Denver birth injury lawyer such as Laura Brown can help you fight for your child's rights to compensation.
Anoxia is one of the most common birth injuries. This type of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also lead to delay in development, impulsive behavior and learning difficulties.
Another type of birth injury is nerve damage. This includes the brachial plexus which are nerves that extend from the upper spine to the shoulder, neck, and arm. These injuries can result in the loss of function in the fingers, hands and arms. These injuries can also lead to Erb's Palsy. These injuries result from shoulder dystocia. This is a condition that occurs when the baby becomes stuck in the birth canal, and force is used to deliver the baby. This could be due to the nurse, doctor, or midwife mishandling the situation and causing injuries to the brachialplexus.
Other injuries can include a deficiency in blood flow to the foetus, poor oxygenation during labor and birth, improper intubation, airway obstructions elevated bilirubin levels, and the stress of a fetus. Fetal distress is usually detected through a simple test known as the Apgar score, which evaluates the newborn's breathing, muscle tone as well as heart rate and skin color after childbirth.
Some birth injuries require immediate medical attention, while others aren't apparent until months or even years after the baby's birth. Many birth injuries aren't identified, for instance, subgaleal haemorrhages or skull fractures. Brain imaging can identify conditions such as cerebral palsy or hypoxic-ischemic encephalopathy.
Medical Malpractice
Many birth injuries are the result of negligence or medical malpractice. These lawsuits assert that a doctor, nurse or midwife or any other healthcare provider violated their obligation to take care of the mother and child through their actions or inability to act.
A lawyer can assist parents to build a convincing case against a healthcare professional by studying the patient's medical records and hiring experts to testify. These medical professionals will provide evidence that demonstrates how the actions of a healthcare professional or inactions hurt the patient.
In most cases, these medical experts will testify that the doctor or other healthcare provider's actions fell below a standard of care for their specialty. They also provide opinions on the harms that medical professionals should have been able to prevent. The attorney will then utilize this information to bargain with the hospital or doctor for a settlement.
In many cases the hospital or doctor will offer a settlement prior an investigation. AccidentInjuryLawyers wish to avoid negative publicity, and may be willing to settle to protect their reputations. If hospitals or doctors refuse to settle, a lawyer may file a medical malpractice lawsuit in court.
When the lawsuit is filed, parents will be the plaintiffs, while doctors, nurses and other medical professionals become defendants. Lawyers will begin the process of discovery which involves sharing all information that supports the case. They will also make depositions or sworn statements.
The lawyers will argue that the defendants acted in a negligent manner by failing to adhere to the standard of care in their field and that their negligence led to the child's injuries. They will seek compensation for the costs incurred due to injuries like medical bills, lost wages and other expenses. A judge or jury may award additional damages, such as economic losses, such as pain and suffering. In certain cases of adversity juries or judges could also award punitive damages, which are intended to punish the defendants for their extreme carelessness or apathy.
A Denver birth injury lawyer in Denver can assist parents in understanding and asserting their rights, and fight for fair compensation that covers medical costs, therapy fees and other related costs to an injury. They can help families assess their losses to the fullest extent and make a claim against negligent healthcare providers.
Statute of Limitations
Victims may sue when a medical professional fails in their duty to provide a child, or mother, with the care established during labour, pregnancy and delivery and the injuries have life-altering effects. An attorney for birth injuries can assist families in establishing an argument that is strong enough to win compensation for medical expenses, lost wages (if the parent needs to take time off to take care of their child), and other damages.
A birth injury lawyer is essential to contact as quickly as is possible after a medical error is suspected during the birth process. State law stipulates deadlines that victims must comply with. An experienced lawyer will assist clients in understanding the timeframe to make a claim, and also effectively 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 required. This can include medical records of the mother as well as the child, as well the testimony of experts. Experts can explain to the court the standards of care in this type of situation and show how the actions of the medical professional weren't in accordance with the standard of care.
Depending on the severity of a victim's injuries, a lawyer can also advocate for compensation damages. These may include non-economic and economic damages, including pain and suffering, disability, emotional distress as well as loss of enjoyment life, and more. In certain cases lawyers can seek punitive damages to penalize the defendant as well as act as a warning for others.
Birth injury victims usually have multiple claims, which can include against nurses, doctors and midwives. A birth injury law firm can conduct an investigation to determine who is accountable for the malpractice and who is accountable. They can then seek maximum compensation for the victim and their family. The total amount of damages that can be awarded in a successful medical malpractice lawsuit is limited by state laws however, they may include all financial and personal losses that occur due to the injury.
Compensation
Birth injuries can range from minor injuries like broken bones to more serious injuries that can affect a child's health over the long-term. Some of the most serious medical birth injuries are cerebral palsy and hypoxic ischemic Encephalopathy (HIE). When a baby suffers from oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they need to function properly. A variety of factors can cause deficiency of oxygen during labor and delivery, including a long or difficult pregnancy, as well as the use of a vacuum during the birth process.
A Denver birth injury attorney can help families and victims make a claim to get compensation for damages, including medical expenses as well as lost wages, pain and suffering. A claim could also pay for any special equipment or therapy programs that are required to treat the child.
It is essential to work with a local birth injury attorney as it will cut down on the amount of time that has to be spent driving back and forth for meetings as well as 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 whether they have had prior issues or previous history of negligence or malpractice.
Medical malpractice claims can be extremely complex and expensive, and a lot of insurance companies attempt to avoid liability by blaming the victim for the incident. A birth injury lawyer who has experience investigating cases can determine what happened, the parties at fault, and the worth of the injury.
A lawyer can also handle the burden of preparing the case, which is usually lengthy and requires expert testimony from doctors and other professionals. A lawyer will also make sure that the statutes of limitation are observed and that all medical records are obtained prior to filing a lawsuit.
The earlier you get in touch with an attorney in Denver the earlier you contact an attorney in Denver, the better. The lawyer will investigate your claim and gather the evidence needed to build a strong compensation case. Medical records as well as expert witness testimony and other documentation is essential to prove that the harm your child sustained was the result of a doctor's negligence. To learn more about the worth of your case, set up a an appointment today with an experienced Colorado birth injuries lawyer.