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 have lifelong repercussions and significant financial costs for families.
A Denver birth injury attorney can help parents recover compensation for their child's lifelong medical needs. The claim can be filed any time prior to a minor's eighth birthday.
Birth Injuries: Causes
Medical malpractice occurs when a doctor or health professional deviates from accepted medical practices and causes injury or death. Certain birth injuries can be prevented and medical negligence during childbirth can result in astronomical medical costs as well as lost income and inability to provide for your child's requirements. Laura Brown, an experienced Denver birth injury lawyer can help you fight to ensure your child's right to compensation.
Anoxia is one of the most common birth injuries. This kind of birth trauma can cause irreparable brain damage and impact a child's mental and physical functioning. It can also lead to developmental delays, impulsive behavior, and learning disabilities.
Another form of birth trauma is nerve damage. This can include nerve injuries in the brachialplexus which extend from the spine to the arm, shoulder and neck. These injuries can result in a loss of functionality in the fingers, hands and arms. They may also cause an illness called Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition that occurs when the baby gets stuck in the birth canal and force is used to deliver the baby. A nurse, doctor, or midwife may mismanage this situation, causing injury to the brachial plexus.
Other injuries can include a deficiency in blood flow to the foetus, poor oxygenation during birth and labor, improper intubation, airway obstructions, elevated bilirubin levels, and stress in the fetus. Fetal distress is usually detected with a quick test, known as the Apgar score, which evaluates the baby's muscle tone, breath, heart rate, and skin color after childbirth.
Some birth injuries need immediate medical attention whereas others might not be discovered until months or even years following the baby's birth. Many birth injuries aren't recognized, such as subgaleal hemorrhages or skull fractures. Brain imaging can identify conditions like cerebral palsy or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Many birth injuries result of negligence or medical malpractice. These lawsuits claim that doctors, nurses, midwife or other healthcare provider breached their duty to care for the mother and child through their actions or failure to act.
A lawyer can help parents build a strong case against a healthcare professional by studying the patient's medical records and hiring experts to testify. Medical professionals can provide evidence to prove that a healthcare professional's actions, or inactions, hurt a patient.
Often, these medical experts will confirm that the doctor's or healthcare provider's actions were below the standards of care that are required in their field of expertise. They also provide their opinions on injuries a healthcare professional could have prevented. The lawyer will utilize this information to negotiate a settlement with the doctor or hospital.
In many cases, the doctor or hospital will offer a settlement prior an investigation. They wish to avoid negative publicity, and may accept a settlement to safeguard their reputations. If the hospitals or doctors refuse to accept a settlement, a lawyer could bring a medical malpractice lawsuit in court.
If a lawsuit has been filed, the parents are plaintiffs, and nurses, doctors, and other medical professionals become defendants. Lawyers begin the discovery process. AccidentInjuryLawyers includes providing all the information that supports the case. They will also take sworn statements, or depositions.
The lawyers will argue that the defendants were negligent in not adhering to a standard of care within their field and that this negligence caused injury to the child. They will seek compensation for the costs incurred due to injuries, such as medical bills, lost wages and other expenses. A judge or jury may decide to award additional damages, which could include economic losses, such as pain and suffering. In certain cases, juries and judges can also award punitive damages, which is meant to punish defendants for their utter negligence or inattention.
A Denver birth injury lawyer can assist parents to understand and assert their rights and fight for fair settlement that covers medical costs, therapy fees and other related costs to an injury. They can help families determine the total value of their losses, and pursue a medical malpractice lawsuit against negligent healthcare providers.
Statute of limitations
If medical professionals fail to provide a baby or mother with the established standard of care during pregnancy, labor, and birth, and the injuries lead to life-altering consequences the victims may file a lawsuit. A birth injury attorney can assist families in establishing an argument that is strong enough to win compensation for medical expenses and lost wages (if parents have to take time off to care for their child) and other damages.
A birth injury lawyer is essential to contact as quickly as is possible following a suspected medical mistake during the birth process. The law of the state stipulates deadlines that victims must comply with. An experienced lawyer will assist clients in understanding the timeframe to file a claim and also effectively argue for extensions, if necessary.
A lawyer can begin constructing an effective case for damages after they have taken over the case. They will gather the evidence required. This can include medical records of the mother and child, along with the testimony of experts. These experts can explain the standards of care that apply in this type of situation, and show how the medical professional's actions differed from the norm.
Depending on the severity of a victim's injuries, a lawyer can also advocate for compensatory damages. These damages may include economic and non-economic damages including pain and suffering, emotional distress, disability and loss of enjoyment in life. In some cases the lawyer may demand punitive damages to punish the defendant and act as a deterrent to others.
Birth injury victims usually have multiple claims, including against doctors, nurses and midwives. The lawyers at a firm that handles birth injuries can conduct an exhaustive investigation to determine which defendants are accountable for the lapses and who is liable. They can then seek the maximum compensation for the victim and their family. The laws of the state restrict the amount of damages that can be awarded in a medical negligence lawsuit, but it can include all personal and financial loss resulting from.
Compensation
Birth injuries can range from minor injuries like broken bones to serious ones that can affect a child's long-term health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. If a child experiences oxygen deprivation, it blocks their brain and other vital organs from getting the nutrients they need to function properly. Oxygen deprivation can be caused by a variety of factors during labor and delivery. This includes a prolonged or complicated pregnancy, as well as the use a vacuum during a particularly difficult birth.
A Denver birth injury lawyer can help families and victims to file a lawsuit against responsible parties for the harm caused by the accident, such as medical expenses, lost wages, and suffering and pain. A lawsuit can also be used to pay for the cost of specialized equipment and therapy programs that might be necessary for the care of the child.
Hiring a local attorney for birth injuries is essential since it will help you save time travelling to and from meetings, court dates, and other legal proceedings. A local law firm is also more familiar with the medical specialists and hospitals that were involved in the birth of your child. They will be more likely to know whether they have had any prior issues or a history of malpractice or negligence.
Medical malpractice claims can be extremely complicated and expensive, and many insurance companies attempt to avoid responsibility by blaming the victim the incident. A experienced birth injury lawyer can look into the situation and determine what transpired, who is at fault, and how much the injury is worth.
A lawyer will also be competent in the preparation of the case. This is a lengthy process that requires the testimony of doctors and other professionals. Lastly, a lawyer will ensure that the statute of limitations has been adhered to and that the correct medical records are gathered prior to filing an action.
The sooner you speak to an attorney in Denver the sooner you can get in touch with an attorney in Denver. The attorney will investigate your claim and gather the evidence required to build a strong claim for compensation. Medical documents as well as expert witness testimony and other evidence is necessary to prove that the injury your child sustained was the result of a doctor's negligence. Consult an experienced Colorado birth injury lawyer today to learn what your case's worth.