A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a child is a joyful experience. Birth complications and medical errors during labor can result in serious birth injuries. These injuries can have long-lasting repercussions and significant financial costs for families.
A Denver birth injury lawyer can help parents receive compensation for the lifetime care of their child. A claim can be made at any time prior to the minor's eighth birthday.
Birth Injuries: Causes
Medical malpractice is when doctors or other health professionals deviate from accepted medical standards which can result in injury or death. Medical negligence during childbirth, which can result in massive medical expenses as well as the loss of income and inability to meet your child's basic needs, is one of the most preventable birth injuries. A seasoned Denver birth injury lawyer like Laura Brown can help you fight for your child's right to compensation.
Anoxia is among the most common birth injuries. This type of birth injury could cause irreparable brain damage and impact the child's mental, physical and emotional performance. It could also lead to developmental delays as well as impulsive behavior and learning disabilities.
Another type of birth injury is nerve damage. This includes the brachial plexus, which are nerves that extend from the upper spine to the neck, shoulder and arm. These injuries can result in an impairment in the arms, hands, and fingers. These injuries can also cause Erb's Palsy. These injuries are typically caused by a problem that occurs during delivery called shoulder dystocia, where the baby gets stuck in the birth canal and forces are applied to try to get the baby out. This could be due to a doctor, nurse or midwife not properly handling the situation and injuring the brachialplexus.
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 of the airway, elevated levels of bilirubin, and fetal distress. AccidentInjuryLawyers can be diagnosed by a quick test called the Apgar score. This test assesses a newborn's skin color and muscle tone, breathing, and heart rate after birth.
Some birth injuries need immediate medical attention whereas others might not be discovered until months or years after the baby's birth. Injuries such as skull fractures or subgaleal hemorrhages are obvious, however many other birth injuries remain undiagnosed. Brain imaging can identify conditions such as cerebral palsy or hypoxic-ischemic encephalopathy.
Medical Malpractice
Medical negligence or malpractice is the reason for many birth injuries. These lawsuits assert that doctors, nurses or midwife or any another healthcare professional violated their duty to look after the mother and child through their actions or inability to act.
A lawyer can assist parents in building a strong case by reviewing the medical records of a patient and hiring expert witnesses. Medical professionals can offer evidence to demonstrate how a healthcare professional's actions, or lack thereof, harmed a patient.
In most cases, these medical experts will testify that the doctor or other healthcare provider's actions fell below the standard of care required for their specialty. They will also offer opinions regarding the injuries medical professionals could have done more to avoid. The lawyer will then use this information to negotiate with the hospital or doctor to reach a settlement.
In many instances doctors or hospitals will offer a settlement prior to a trial. They may agree to settle to safeguard their reputation and avoid negative publicity. If the hospital or doctors refuse to settle, an attorney can make a claim for medical negligence in the court.
If a lawsuit is filed, the parents are plaintiffs, and nurses, doctors and other medical professionals are defendants. Lawyers will start the process of discovery which involves sharing all information that can support the case. They will also make sworn statements, or depositions.
The attorneys will argue that the defendants committed negligence by failing to adhere a standard of care within their field, and that this negligence led to the injury of the child. They will seek compensation for the losses resulting from the injury that include medical bills, lost earnings and other expenses. A jury or judge can award additional damages including economic loss, like pain and suffering. In certain cases of adversity, juries or judges may also award punitive damages, which are intended to punish the defendants for their recklessness or disregard.
A seasoned Denver birth injury attorney can help parents understand their rights and fight for fair settlement to cover medical expenses, therapy costs and other expenses related to injuries. They can assist families in determining the total value of their losses, and file a medical malpractice lawsuit against the negligent healthcare providers.
Statute of Limitations
Victims are able to sue in the event that a medical professional is not in their duty to provide an infant or mother with the care during labour, pregnancy and delivery and the injuries can have life-altering consequences. An attorney for birth injuries can assist families in building an argument that is strong enough to win compensation for medical expenses as well as lost wages (if parents have to leave work to take care of their child), and other damages.
Since state law establishes deadlines for when a victim can file a claim, it is important to contact an attorney for birth injuries as soon as possible after a suspected medical error during the birth process. A skilled lawyer can help clients understand the timeframe for filing a claim and also argue for extensions when needed.
A lawyer can begin to build an argument for damages that is strong once they have taken on the case. They will collect the necessary evidence. This can include the mother's and child's medical records and the testimony of expert witnesses. These experts can provide an explanation of the standards of care that apply in this kind of scenario, and explain how the medical professional's actions differed from the norm.
The lawyer can also pursue compensatory damages, depending on the degree of the victim's injuries. These damages could include economic and non-economic damages, including emotional distress, disability and loss of enjoyment in life. In some cases lawyers may demand punitive damages to penalize the defendant and act as a deterrent for others.
Birth injury victims typically have multiple claims, which can include against doctors, nurses and midwives. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for the malpractice 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 malpractice lawsuit, but it could include all personal and financial loss resulting from.
Compensation
Birth injuries can range from minor injuries like broken bones to serious injuries that can affect a 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 deprived of oxygen their brain and other vital tissues are unable get the nutrients they require to function properly. Oxygen deprivation can be caused by a range of causes during labor and delivery. This can be caused by a long or complicated pregnancy, as well as the use of a vacuum during a particularly difficult birth.
A Denver birth injury attorney can help victims and families make a claim to obtain compensation, including medical expenses, lost wages and pain and suffering. A claim could also pay for any specialized equipment or therapy program that is required for the child's treatment.
Finding a local attorney for birth injuries is essential since it will help you save time and effort traveling to and from court dates and other legal proceedings. A local law firm will also be more familiar with the medical professionals and hospitals that were involved in your child's birth. They are more likely to be aware of any previous issues or negligence or malpractice.
Medical malpractice claims can be extremely complex and costly, and many insurance companies attempt to avoid responsibility by blaming the victim the incident. An experienced lawyer for birth injuries will investigate the case and determine what occurred, who is at fault and what the injury is worth.
A lawyer can also handle the task of preparing the case, which is often extremely time-consuming and requires expert testimony from doctors and other professionals. A lawyer will also ensure that the statutes of limitations are observed and that all the necessary medical records are gathered prior to filing an action.
The earlier you get in touch with a Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney can get to work investigating your claim and gathering the evidence required to establish a convincing case for compensation. Medical documents and expert witness testimony and other evidence are essential to prove that the harm your child suffered was caused by the negligence of a doctor. Schedule a consultation with an experienced Colorado birth injury lawyer today to find out the amount your case is worth.