A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful event. Mistakes in medical care during delivery and labor can cause 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 compensation for their child's lifetime medical needs. A claim can be made at any time prior to the minor's eighth birthday.
Birth Injury Causes
Medical malpractice occurs when doctors and other health care professionals deviate from accepted medical standards which can result in injury or death. Medical negligence during childbirth, which can cause astronomical medical costs as well as the loss of income and inability to provide for your child's basic needs, is one of the most preventable birth injuries. Laura Brown, an experienced Denver birth injury lawyer, can assist you in fighting to protect your child's rights to compensation.
There are many kinds of birth injuries, however one of the most common is one that causes oxygen deprivation (anoxia). This type of birth injury can result in irreparable brain damage and impact the child's mental, physical, and emotional functioning. It can also cause delay in development, impulsive behavior and learning issues.
Another form of birth injury is nerve damage. This includes injuries to the brachial nerve which are nerves that flow from the upper spine to the shoulder, neck and arm. These injuries can lead to an impairment in the hands, arms, and fingers. These injuries can also cause Erb's palsy. These injuries are usually caused by a problem during the birth process, which is known as shoulder dystocia. in which the baby is stuck in the birth canal and forces are applied to try to deliver the child. This can result from the nurse, doctor, or midwife mishandling the situation and causing injuries to the brachialplexus.
Other injuries can include a lack of blood flow to the fetus poor oxygenation during labor and delivery as well as airway obstruction, elevated bilirubin levels, and distress in the fetus. Fetal distress is usually identified through a simple test known as the Apgar score, which measures the baby's breathing, muscle tone heart rate, breathing, and the color of the skin after birth.
Some birth injuries need immediate medical attention while others may not be detected for months or years after the baby's birth. Injuries such as skull fractures or subgaleal hemorrhages are immediately obvious, but many other birth injuries are not recognized. Brain imaging can reveal issues such as cerebral palsy or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Medical negligence or malpractice is the cause of many birth injuries. These lawsuits assert that a nurse or doctor or midwife, or any other healthcare provider violated their duty of care to the mother and child by their actions or inaction.
A lawyer can help parents build a strong case against a healthcare professional by studying the patient's medical records and obtaining expert witnesses. These medical professionals can provide evidence to prove that the actions of a healthcare professional or lack of them, have harmed a patient.
These medical experts often declare that a doctor's or another healthcare provider's actions fell short of the standards of care for their speciality. They also provide their opinions on injuries the healthcare professional should have been able to prevent. The attorney will then utilize this information to bargain with the hospital or doctor to reach a settlement.
In many cases, the hospital or doctor will settle the matter prior to an investigation. They want to avoid negative publicity and could be willing to settle to ensure their reputations. If the doctors or hospitals refuse to accept a settlement, a lawyer could file a medical malpractice lawsuit in the court.
When a lawsuit has been filed, the parents become plaintiffs, and doctors, nurses and other medical professionals are defendants. Lawyers will start the discovery process which involves sharing all information that can support the case. They also will take sworn statements, or depositions.
The attorneys will argue that the defendants were negligent in not adhering to a certain standard of care within their field, and that this negligence caused injury to the child. They will demand compensation for the costs incurred due to injuries, such as medical bills as well as lost wages and other expenses. A judge or jury could award additional damages, such as economic losses, such as pain and suffering. In some egregious cases juries or judges could also award punitive damages that are designed to penalize the defendants for their carelessness or inattention.
A Denver birth injury lawyer can help parents understand and assert their rights and fight for fair settlement that covers medical costs as well as therapy costs and other injury-related costs. They can help families assess the total value of their losses, and file a medical malpractice lawsuit against negligent healthcare providers.
Statute of limitations
Victims are able to sue if a medical professional fails in their obligation to provide a child, or mother, with the standards of care during pregnancy, labour, and delivery. Injuries can have life-altering consequences. A birth injury lawyer can help families file a successful claim to obtain the cost of medical bills and lost wages (if the parent has to take time off work to care for the child), and more.
Since state law establishes deadlines for when victims can make claims, it is important to contact an attorney for birth injuries as soon as possible after a suspected medical error during the birth process. An experienced lawyer can assist clients understand the timeline to file a claim and also argue for extensions if required.
After a lawyer has taken on the case, they will begin to build a convincing argument to justify the claim for damages by gathering the needed evidence. This can include the medical records of the mother and child and the testimony of expert witnesses. These experts can explain the standards of care that apply in this kind of situation, as well as show how the medical professional's actions differed from the norm.
Depending on the severity of the victim's injuries, a lawyer can also advocate for compensatory damages. These may include both non-economic and economic damages, such as pain and suffering, emotional distress and loss of enjoyment of life, and so on. In some cases, the lawyer can even seek punitive damages to penalize the defendant and act as a deterrent for others.
Birth injury victims typically have multiple claims against various defendants, including doctors, midwives, nurses, and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for malpractice and who is liable. They can then pursue maximum compensation for the victim and their family. The state laws limit the total amount of damages that can be granted in a medical malpractice lawsuit, but it can include all financial and personal loss resulting from.
Compensation
Birth injuries can range from minor injuries like broken bones to more serious ones that impact a child's health. Some of the most severe medical birth injuries are cerebral palsy and hypoxic cerebrovascular disease (HIE). When a baby is deficient in oxygen their brain and other vital tissues are not able to receive the nutrients needed to function properly. AccidentInjuryLawyers can cause deficiency of oxygen during labor and birth such as a prolonged or complicated pregnancy as well as the use of a vacuum during a difficult birth.
A Denver birth injury lawyer can help families and victims file a lawsuit against the responsible parties for the damages caused by the accident, such as medical expenses, lost wages, and suffering and pain. A claim can also assist in the payment of equipment and therapy programs that could be necessary for the child's care.
Employing a local attorney to deal with birth injuries is crucial because it can save you time traveling to and from court dates, and other legal procedures. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. They are more likely to be aware of any previous issues, negligence or malpractice.
Medical malpractice claims can be extremely complicated and costly, and many insurance companies attempt to avoid liability by blaming the victim for the incident. An experienced lawyer for birth injuries can look into the situation and determine what transpired and who was at fault, and how much the injury is worth.
A lawyer is also able to take on the task of preparing the case which is often very time-consuming and requires expert testimony from doctors and other experts. Additionally, a lawyer can ensure that the statute of limitations is adhered to and that the correct medical records are obtained prior to filing an action.
The sooner you contact an attorney in Denver, the better. The attorney can get to work in investigating your claim and gathering the evidence needed to establish a convincing case for compensation. Medical records as well as expert witness statements and other evidence are crucial to show that your child's injuries were caused by a doctor or other medical professional's negligent actions. To learn more about the worth of your case, schedule an appointment today with an expert Colorado birth injury lawyer.