A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a baby is a joyful experience. Mistakes in medical care during delivery and labor can result in serious birth injuries. These injuries can cause long-lasting damage and can be costly for families.
A Denver birth injury attorney can assist parents to recover the compensation they owe their child for his or her lifetime medical needs. A claim can be made anytime prior to the minor's 8th birthday.
Causes of birth injuries
Medical malpractice occurs when doctors or other health care professionals deviate from accepted medical practices and cause injury or even death. Certain birth injuries can be prevented, and medical negligence during childbirth can cause astronomical medical expenses, lost income, and inability to provide for your child's requirements. Laura Brown, an experienced Denver birth injury lawyer, can help you fight to protect your child's rights to compensation.
There are many kinds of birth injuries, however one of the most frequent is oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable damage to the brain and affect a child's mental and physical functioning. It can also lead to developmental delays, impulsive behavior and learning difficulties.
Another kind of birth injury is nerve damage. This includes injuries to the brachial plexus which are nerves that extend from the upper spine to the neck, shoulder and arm. These injuries can result in the loss of function in the fingers, hands and arms. They can also lead to a condition called Erb's palsy. These injuries are usually caused by a condition that occurs during delivery called shoulder dystocia, where the baby becomes stuck in the birth canal and forces are used to bring the baby out. This can be caused by the nurse, doctor, or midwife mishandling the situation and injuring the brachialplexus.
Other injuries can include a deficiency in blood flow to the foetus, inadequate oxygenation during birth and labor, improper intubation, airway obstructions, elevated bilirubin, and the stress of a fetus. Fetal distress is usually detected through a simple test known as the Apgar score, which measures the baby's muscle tone, breath as well as heart rate and the color of the skin after birth.
Some birth injuries require immediate medical attention, whereas others aren't apparent until months or even years after the baby's birth. Many birth injuries are not recognized, such as subgaleal haemorrhages or skull fractures. Brain imaging can identify conditions like cerebral palsy, or hypoxic-ischemic encephalopathy.
Medical Malpractice
Medical negligence or malpractice is the cause of many birth injuries. These lawsuits assert that doctors, nurses, midwife or other healthcare provider violated their duty to care for the mother and child by their actions or failure to act.
A lawyer can help parents make a convincing case against a healthcare professional through studying the patient's medical records and hiring expert witnesses. These medical professionals will provide evidence that demonstrates how the actions of a healthcare professional or lack of action harmed the patient.
Most often, these experts will affirm that the doctor or other healthcare provider's actions are not the standards of care that are required in their field of expertise. They can also provide their opinions regarding the injuries the healthcare provider could have done more to prevent. The lawyer will make use of this information to negotiate an agreement with the doctor or hospital.
In many instances the hospital or doctor will offer a settlement prior the trial. They might settle to ensure their reputation and to avoid negative publicity. If the hospitals or doctors refuse to accept a settlement, a lawyer could make a claim for medical malpractice in the court.
When a lawsuit is filed, parents will become plaintiffs, and the nurses, doctors and other medical professionals will become defendants. Lawyers begin the discovery process. This includes sharing all the evidence that supports the case. They also will take depositions which are sworn declarations.
The attorneys will argue the defendants acted negligently by not adhering to a standard of care within their field and that their negligence caused injury to the child. They will seek compensation for injury-related expenses like medical bills, lost wages and other expenses. A jury or judge can also award additional damages that include economic loss, like suffering and pain. In certain cases juries and judges may also award punitive damages, which is meant to punish defendants for their utter negligence or inattention.
A Denver birth injury lawyer in Denver can assist parents in understanding and asserting their rights and fight for fair settlement that covers medical costs therapy fees, as well as other related costs to an injury. They can help families determine the full value of their losses, and file a medical malpractice lawsuit against negligent healthcare providers.
Statute of Limitations
If medical professionals fail to provide an infant or mother with the established standard of care during pregnancy, labor and birth, and the injuries lead to life-altering consequences victims can file a lawsuit. A birth injury lawyer near me injury can help families to build a strong case to recover compensation for medical expenses and lost wages (if the parent needs to leave work to take care of their child) and other damages.
Since the law in each state sets deadlines for when victims are able to file a claim, it is essential to speak with a birth injury lawyer near me attorney as soon as you can after a suspected medical error during the delivery process. An experienced lawyer can help clients understand the timelines to file a claim and also argue effectively for extensions if needed.
A lawyer can start building an argument for damages that is strong once they have taken on the case. They will gather the necessary evidence. This could include the medical records of the mother and child, as well as the testimony of expert witnesses. Experts can explain to the court the standards of care for this type of situation and show how the medical provider's actions weren't in accordance with the standard.
The lawyer can also pursue compensation for damages, based on the extent of the injury. These damages could include economic and non-economic damages including emotional distress, disability and loss of enjoyment in life. In some cases lawyers may seek 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. A birth injury law firm can conduct an investigation to determine who is accountable for negligence and who is accountable. The victim and his family members can then be compensated up to the maximum amount. The laws of the state restrict the amount of damages that can be granted in a medical malpractice lawsuit, but it can include all financial and personal losses as a result.
Compensation
Birth injuries can range from minor traumas like broken bones to serious injuries that can affect a child's health over the long-term. Some of the most serious medical birth injuries are cerebral palsy as well as hypoxic ischemic encephalopathy (HIE). When a baby suffers from oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they require to function effectively. There are a variety of factors that can lead to the loss of oxygen during labor and delivery such as a prolonged or complicated pregnancy and the use of vacuum during a difficult birth.
A Denver birth injury lawyer can help families and victims bring a lawsuit in order to obtain compensation, including medical expenses as well as lost wages, pain and suffering. A claim could also cover the cost of any special equipment or therapy programs that are required to treat the child.
Hiring a local attorney for birth injuries is essential since it will help you save time and effort traveling to and from meetings, court dates, and other legal procedures. A local law firm is also more familiar with the medical specialists and hospitals involved in your child's birth. They are more likely to be aware of any prior problems or issues with malpractice or negligence.
Medical malpractice claims can be extremely complex and expensive, and many insurance companies attempt to avoid liability by blaming the victim the incident. A birth injury lawyer who has years of experience in investigating cases can determine what happened, the parties at fault, and the worth of the injury.
A lawyer can also handle the task of preparing the case which is often lengthy and requires expert testimony from doctors and other professionals. A lawyer will also ensure that the statutes of limitations are met and that all necessary medical records are obtained prior to filing lawsuits.
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 records as well as expert witness testimony and other evidence are essential to prove that the injury the child suffered was the result of the negligence of a doctor. To find out the value of your case, set up a a consultation today with an experienced Colorado birth injury lawyer.