A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful experience. However, medical mistakes during the birth process 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 help parents get compensation for the lifetime care of their child. The claim can be filed any time prior to the minor's eighth birthday.
Causes of Birth Injury
Medical malpractice occurs when doctors or other health professionals stray from accepted medical standards and cause injury or even death. Certain birth injuries can be prevented and medical negligence during childbirth can lead to astronomical medical bills or loss of income, as well as the inability to meet your child's needs. Laura Brown, an experienced Denver birth injury lawyer, can help you fight to defend your child's rights to compensation.
There are many types of birth injuries, however one of the most frequent is oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable brain damage and impact a child's mental and physical functioning. It could also lead to developmental delays, impulsive behavior, and learning disabilities.
Another form of birth injury is nerve damage. This can include nerve injuries in the brachialplexus, which connect the spine to the shoulder, arm and neck. These injuries can result in an impairment in the hands, fingers, and arms. These injuries may also lead to Erb's palsy. These injuries are often caused by a problem that occurs during delivery called shoulder dystocia, in which the baby is stuck in the birth canal and forces are applied in order to get the baby out. A nurse, doctor or midwife could fail to manage this situation and injure the brachial plexus.
Other injuries can include a deficiency in blood flow to the foetus, poor oxygenation during birth, inadequate intubation, airway obstructions, elevated bilirubin, and stress in the fetus. Fetal distress can be detected through a simple test known as the Apgar score. The test evaluates the newborn's skin color and muscle tone, breathing, and heart rate following birth.
Some birth injuries require immediate medical attention whereas others are not detected until months or even years after the baby's birth. A lot of birth injuries are not recognized, such as subgaleal haemorrhages or skull fractures. For example brain imaging can show 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 claim that the doctor, nurse or midwife or any other healthcare provider violated their duty to look after the mother and child through their actions or inability to act.
A lawyer can aid parents in constructing a solid case by analyzing the medical records of a patient and retaining experts to testify. These medical professionals will provide testimony that shows how the actions of a healthcare professional or inactions hurt the patient.
These medical experts often provide evidence that a doctor's other healthcare professional's actions were below the standards of care they provide for their particular area. They will also offer opinions regarding the injuries a healthcare provider should have been able to avoid. The attorney will then use this information to negotiate with the doctor or hospital to reach a settlement.
In many instances, the hospital or doctor will settle prior to a trial. They are trying to avoid negative publicity and may be willing to settle to ensure their reputations. If the hospital or doctor refuse to accept a settlement, an attorney may bring a medical negligence lawsuit in the court.
When a lawsuit is filed parents will be the plaintiffs and the nurses, doctors and other medical professionals become defendants. Lawyers will begin the discovery process which involves sharing all the evidence that support the case. They will also take depositions or sworn statements.
The lawyers will argue that the defendants committed negligence by not adhering to a standard of care in their profession and that their negligence caused the injury lawyers to the child. They will request compensation for the injury-related losses that include medical bills as well as lost earnings and other expenses. A judge or jury may award additional damages, such as non-economic losses, like suffering and pain. In some cases juries or judges could also award punitive damages, that are designed to penalize the defendants for their extreme carelessness or apathy.
A Denver birth injury lawyer in Denver can assist parents to understand and assert their rights, and fight for fair settlement that covers medical costs as well as therapy costs and other costs 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
If medical professionals fail to provide a baby or mother with the appropriate standard of medical care during labor and delivery, and the injuries cause life-altering effects, victims can bring an action. A birth injury lawyer can help families build a strong claim to get compensation for medical expenses and lost wages (if parents have to take time off to care for the child), and more.
A birth injury lawyer is essential to contact as soon as you can following a suspected medical mistake during the birth process. State law has deadlines that victims must comply with. An experienced lawyer can help clients understand the timelines to make a claim, and also successfully argue for extensions if needed.
When a lawyer is assigned a case, they are able to begin to build a convincing argument to justify the claim for damages by gathering the required evidence. This could include medical documents of the mother and child, along with the testimony of experts. Experts can explain the standard of care in this particular situation, as well as demonstrate how the medical provider's actions deviated from the standard.
Based on the severity of the victim's injuries, a lawyer may also be able to argue for compensatory damages. These damages can include both economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment of life. In certain cases lawyers may demand punitive damages to penalize the defendant and act as a deterrent to others.
Birth injury victims typically have multiple claims, such as against nurses, doctors, and midwives. The lawyers at a birth injury firm can conduct a thorough investigation to determine which defendants are accountable for the negligence and who should be held accountable. The victim and his family can be awarded compensation up to the maximum amount. The amount that can be awarded in a successful medical malpractice suit is determined only by the laws of the state but they are able to include all personal and financial losses that have occurred as a result of the injury.
Compensation
A birth injury can vary from minor injuries such as broken bones to serious ones that can affect a child's long-term health. Some of the most severe medical birth injuries include cerebral palsy and hypoxic Encephalopathy (HIE). When a baby suffers from oxygen deprivation, it blocks their brain and other vital organs from getting the nutrients they require to function effectively. The lack of oxygen can be caused by a variety of factors during labor and delivery. These include a long or complex pregnancy, as well as the use a vacuum during a difficult birth.
A Denver birth injury law firm lawyer in Denver can help victims and their families file a lawsuit against the accountable parties for the damages that result from the injury, including medical expenses, lost wages, and pain and suffering. A lawsuit could also be able to pay for any specialized equipment or therapy programs necessary for the child's treatment.
It is crucial to engage a local birth injury attorney injury lawyer because it will reduce the amount of time needed to be spent travelling between meetings as well as court dates and other legal proceedings. A local law firm is also more familiar with the medical specialists and hospitals involved in the birth of your child. They are more likely to be aware of any previous problems or issues with negligence or malpractice.
Medical malpractice claims can be complicated and costly, and insurance companies often try to avoid liability by blaming victims for accidents. A experienced birth injury lawyer [relevant site] can look into the situation and determine what transpired which party is responsible, and how much the damage is worth.
A lawyer is also able to take on the task of preparing the case which can be lengthy and requires expert testimony from doctors and other qualified professionals. Additionally, a lawyer can ensure that the statute of limitations is adhered to and that the correct medical records are obtained prior to filing a lawsuit.
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 necessary to create a strong claim for compensation. Medical documents, expert witness statements, and other evidence are crucial to show the injury suffered by your child was caused by the medical professional's negligence. Contact an experienced Colorado birth injury lawyer near me lawyer today to find out how much your case is worth.