A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby should be a joyful time. Medical mistakes during delivery and labor can lead to serious birth injuries. These injuries can cause lifelong consequences and a significant financial burden for families.
A Denver birth injury lawyer in Denver can help parents receive compensation for the lifetime care of their child. An action can be filed at any time before a minor’s eighth birthday.
The causes of birth injuries
Medical malpractice is when doctors or other health professionals stray from accepted medical practices which can result in injury or death. Medical negligence during childbirth, which could result in massive medical expenses as well as the loss of income and inability to provide for your child’s basic needs is among the most avoidable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can help you fight to defend your child’s rights to compensation.
Anoxia is one of the most commonly occurring birth injuries. This kind of birth injury could cause irreparable brain damage that can affect the child’s physical, mental and emotional performance. It could also lead to the development of a child, impulsive behavior, and learning disabilities.
Another form of birth trauma is nerve damage. This includes nerve damage in the brachialplexus, which run from the spine to the shoulder, arm and neck. These injuries can result in the loss of function in the arms, hands and fingers. These injuries can also cause Erb’s palsy. These injuries are caused by shoulder dystocia. This is a condition where the baby gets stuck in the birth canal and force is applied to help deliver the baby. This can result from nurses, doctors, or midwife mishandling the situation, causing injury to the brachialplexus.
Other injuries can include a lack of blood flow to the fetus low oxygen levels during labor and birth, improper intubation or obstruction of the airway, elevated bilirubin levels, and distress of the fetus. Fetal distress can be diagnosed through a simple test known as the Apgar score. This test assesses the color of a newborn’s skin as well as breathing, muscle tone, and heart rate following birth.
Some birth injuries need immediate medical attention, while other injuries are not detected until months or even years after the baby’s birth. Many birth injuries are not diagnosed, such as subgaleal haemorrhages or skull fractures. For instance, brain imaging can reveal the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Many birth injuries are the result of medical malpractice or negligence. These lawsuits assert that a doctor, nurse or midwife, or any other healthcare provider failed in their obligation to care for the mother and child by their actions or inaction.
A lawyer can help parents build a strong case against a healthcare professional by reviewing the patient’s medical records and hiring experts to testify. These medical professionals will provide evidence to show how a healthcare provider’s actions or lack of action harmed the patient.
These experts in medicine often declare that a doctor’s or other healthcare professional’s actions were short of the standards of care they provide for their particular area. They can also provide their opinions on the injuries that the healthcare provider should have been able to prevent. The lawyer will use this information to negotiate an agreement with the hospital or doctor.
In many cases doctors or hospitals will offer a settlement prior a trial. They might settle to ensure their reputation and to avoid negative publicity. If the hospitals or doctors refuse to settle, a lawyer may make a claim for medical malpractice in the court.
If a lawsuit is filed, the parents become plaintiffs, and the doctors, nurses and other medical professionals are defendants. Lawyers begin the discovery process. This includes providing all the information that support the case. They will also take depositions or sworn statements.
The attorneys will argue that the defendants committed a crime by failing to adhere to a standard of care that they must adhere to in their work and that their negligence led to the child’s injury. They will request compensation for the losses resulting from the injury, which include medical bills loss of earnings, as well as other expenses. A jury or judge may award additional damages, including economic losses, such as suffering and pain. In certain instances juries and judges may also award punitive damage, which is meant to punish defendants for their extreme negligence or disregard.
A Denver birth injury lawyer can assist parents in understanding and asserting their rights and fight for fair compensation for medical expenses as well as therapy costs and other costs related to injuries. They can help families determine the full worth of their losses and file a medical malpractice lawsuit against negligent healthcare providers.
Statute of Limitations
If a medical professional fails to provide a baby or mother with the standards of medical attention during labor and birth, and the injuries cause life-altering effects the victims may file an action. A birth injury lawyer can assist families build a strong claim to get compensation for medical bills, lost wages (if a parent must take time off work to care for the child), and more.
Since the law in each state sets deadlines for when a victim can file a claim, it is important to contact an attorney for birth injuries as soon as possible after an alleged medical error that occurred during the delivery process. An experienced lawyer can assist clients in understanding the timeframe to file a claim and can also successfully argue for extensions if needed.
A lawyer can begin to build a strong case for damages after they have decided to take on the case. They will gather the evidence needed. This could include the medical records of the mother and child, as well as the testimony of expert witnesses. These experts can provide an explanation of the standards of care that apply in this kind of situation, as well as explain how the medical professional’s actions deviated from the standard.
The lawyer may also seek compensation for damages, based on the extent of the injury. This could include non-economic as well as economic damages, including pain and suffering, disability, emotional distress and loss of enjoyment of life, and so on. In some cases lawyers may demand punitive damages to punish the defendant and act as a warning for others.
Birth injury victims typically have multiple claims, Denver birth injury attorney which can include against nurses, doctors and midwives. A law firm that handles birth injuries can conduct an investigation to determine who is accountable for the malpractice and who should face liability. They can then seek the maximum compensation for the victim and their family. The total amount of damages awarded in a successful medical malpractice lawsuit is governed by state laws but they are able to include all the personal and financial losses that have occurred as a result of the accident.
Compensation
Birth injuries can range from minor injuries like broken bones to more serious injuries that affect the child’s health in the long term. Cerebral palsy and hypoxic ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. If a child is deficient in oxygen the brain and other vital tissues are not able to get the nutrients they require to function properly. Many factors can cause deficiency of oxygen during labor and birth which includes a lengthy or difficult pregnancy, as well as the use of vacuum during the birth process.
A Denver birth injury lawyer can assist families and victims file a lawsuit to obtain compensation, including medical expenses as well as lost wages, suffering and pain. A claim can also help cover the cost of specialized equipment and therapy programs that could be required to provide care for the child.
Finding a local attorney for birth injuries is important because it will save you time traveling to and from meetings, 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 any prior issues or a past history of negligence or malpractice.
Medical malpractice claims are complex and expensive, and insurance companies often attempt to minimize liability by blaming victims for the accidents. An experienced lawyer for birth injuries can look into the situation and determine what occurred, who is at fault, and how much the injury is worth.
A lawyer can also handle the task of preparing the case which is usually lengthy and requires expert testimony from doctors and other experts. A lawyer can also ensure that the statutes of limitation are adhered to and that all the necessary medical records are gathered prior to filing an action.
The sooner you contact a Denver birth injury attorney the sooner you can contact a Denver birth injury attorneys injury attorney. The attorney will investigate your claim and gather the evidence needed to build a strong compensation case. Medical documents as well as expert witness statements and other documents are necessary to show the injury suffered by your child was the result of an medical professional’s negligent actions. Consult an experienced Colorado birth injury lawyer today to determine what your case’s worth.