A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby should be a joyous occasion. Mistakes in medical care during delivery and labor can result in serious birth injuries. These injuries can have lifelong consequences and a significant financial burden for families.

A Denver birth injury lawyer can assist parents in obtaining compensation for their child's lifetime care needs. A claim can be made anytime prior to the minor's eighth birthday.

Birth Injuries: Causes

Medical malpractice occurs when doctors or other health professionals deviate from the accepted medical guidelines which can result in injury or death. Medical negligence during childbirth, which can result in astronomical medical expenses as well as the loss of income and inability to meet the basic needs of your child is among the most avoidable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to defend your child's rights to compensation.

Anoxia is among the most frequent birth injuries. This kind of birth injury could cause irreparable brain damage and affect the child's mental, physical and emotional performance. It can also lead to developmental delays, impulsive behaviors and learning issues.

Another type of birth injury is nerve damage. This includes injuries to the brachial nerve which are nerves that flow from the upper spine to the neck, shoulder and arm. These injuries can lead to a loss of functionality in the fingers, hands, and arms. They can also result in an illness known as Erb's Palsy. These injuries are typically caused by a problem during delivery called shoulder dystocia, where the baby gets stuck in the birth canal and forces are applied in order to bring the baby out. This can result from the nurse, doctor, or midwife mishandling the situation and injuring the brachialplexus.

Other injuries include a lack of blood flow to the foetus poor oxygenation during birth and labor, improper intubation, airway obstructions, high bilirubin levels and fetal stress. Fetal distress can be detected by a simple test called the Apgar score. This test assesses a newborn's skin color as well as breathing, muscle tone and heart rate after birth.

Some birth injuries require immediate medical attention whereas others might not be discovered until months or years after the baby's birth. A lot of birth injuries are not recognized, such as subgaleal haemorrhages and skull fractures. Brain imaging can identify conditions like cerebral palsy or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Many birth injuries are the result of negligence or medical malpractice. These lawsuits claim that a doctor or nurse, midwife, or other healthcare provider failed in their duty of care to the mother and child by their actions or inaction.

A lawyer can assist parents build a strong case against a healthcare professional by studying the patient's medical records and obtaining experts to testify. Medical professionals can offer testimony to show how the actions of a healthcare professional or lack thereof, harmed a patient.

Often, these medical experts will affirm that the doctor or other healthcare provider's actions were below the standard of care required for their specialty. They will also give their opinion on injuries that medical professionals should have been able to prevent. The lawyer will then use this information to negotiate with the hospital or doctor for a settlement.

In many instances doctors or hospitals will offer a settlement prior an investigation. They might settle to protect their reputation and avoid negative publicity. If the doctors or hospital refuse to accept a settlement, an attorney may bring a medical negligence lawsuit in court.

When a lawsuit has been filed, the parents are plaintiffs, and nurses, doctors, and other medical professionals become defendants. Lawyers begin the discovery process. This involves providing all the information that supports the case. They also will take depositions, which are sworn statements.

The attorneys injurys will argue the defendants were negligent in not adhering to a standard of care in their work and that their negligence caused the injury to the child. They will demand compensation for injury-related expenses including medical bills or lost wages, among other expenses. A judge or jury could award additional damages, including non-economic losses, like suffering and pain. In some cases juries and judges can also award punitive damage, which is meant to punish defendants for their extreme negligence or omission.

An experienced Denver birth injury lawyer can assist parents to understand their rights and advocate for fair compensation to cover medical costs, therapy costs and other expenses related to injuries. They can assist families in determining the true value of their losses, and pursue a medical malpractice lawsuit against negligent healthcare providers.

Statute of limitations

If a medical professional fails to provide an infant or mother with the standards of medical care during labor, and delivery, and the resulting injuries cause life-altering effects, victims can bring a lawsuit. A birth injury lawyer can assist families to file a claim to obtain compensation for medical expenses, lost wages (if the parent has to take time off work to take care of the child) and much more.

A birth injury lawyer is important to contact as soon as possible in the event of a medical mistake during the delivery process. The law of the state has deadlines that victims must adhere to. An experienced lawyer will help clients understand the timelines to make a claim, and also successfully argue for extensions if required.

After a lawyer has taken on a case, they can begin constructing a strong argument to justify the claim for damages by gathering the needed evidence. This could include medical records of the mother and child, along with the testimony of experts. Experts can explain to the court the standard of care in this type of situation and show how the actions of the medical professional did not conform to the standard of care.

The lawyer may also seek compensation damages, based on the severity of the victim's injuries. This could include non-economic and economic damages, including pain and suffering, emotional distress and loss of enjoyment of life, and many more. In certain cases the lawyer may demand punitive damages to punish the defendant and serve as a deterrent for others.

Birth injury victims typically have multiple claims, such as against nurses, doctors, and midwives. A birth injury law firm (Click In this article) can conduct an investigation to determine who is responsible for malpractice and who should face liability. The victim and his family will then be compensated to the maximum. The state laws limit the total amount of damages that can be awarded in a medical negligence lawsuit, but it can include all personal and financial losses as a result.

Compensation

Birth injuries can range from minor traumas such as broken bones to more serious injuries that affect the child's health over the long run. Some of the most serious medical birth injuries include cerebral palsy and hypoxic encephalopathy (HIE). When an infant is deprived of oxygen their brain and other vital tissues are not able to receive the nutrients required to function effectively. The deficiency in oxygen can be caused by a range of factors during labor and birth. This includes a prolonged or complex pregnancy, as well as the use a vacuum during a difficult birth.

A Denver birth injury lawyer can help families and victims to file a lawsuit against responsible parties for the damages that result from the injury, including medical expenses, lost wages, and suffering and pain. A claim could also be able to pay for any equipment or therapy program that is required to treat the child.

Finding a local attorney for birth injuries is essential since it will help you save time traveling to and from court dates and other legal procedures. A local law firm will also be more familiar with the medical professionals and hospitals that were involved in the birth of your child. They will be more likely to know if they have any prior issues or past history of negligence or malpractice.

Medical malpractice claims can be extremely difficult and costly, and many insurance companies attempt to avoid liability by blaming the victim the incident. An experienced lawyer for birth injuries will investigate the case and determine what occurred which party is responsible and what the injury is worth.

A lawyer can also be capable of handling the preparation of the case. This is a time-consuming process that requires the testimony of doctors and other experts. Lastly, a lawyer will ensure that the statute of limitations is followed and that all the necessary medical records are gathered prior to filing an action.

The sooner you contact a Denver birth injury attorney, the better. The attorney will begin to work in investigating your claim and gathering the evidence required to establish a convincing claim for compensation. Medical documents, expert witness testimony, and other documentation is essential to prove that the harm the child suffered was caused by the negligence of a doctor. Schedule a consultation with an experienced Colorado birth injury attorney lawyer lawyer today to find out the amount your case is worth.