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 repercussions and significant financial costs for families.
A Denver birth injury lawyer can assist parents to recover compensation for their child's lifelong requirements for care. An action is possible at any time prior to a minor's eighth birthday.
Birth Injury Causes
Medical malpractice is when doctors or other health care professionals deviate from the accepted medical guidelines and cause injury or even death. Medical negligence during childbirth, which can cause astronomical medical costs, lost income and the inability to meet your child's basic needs, is one of the most avoidable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can help you fight to ensure your child's right to compensation.
Anoxia is among the most common birth injuries. This kind of birth trauma can cause irreparable brain damage and alter a child's cognitive and physical functioning. It could also lead to developmental delays and impulsive behavior as well as learning disabilities.
Another type of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus that run from the spine to the arm, shoulder and neck. These injuries can cause an impairment in the hands, arms and fingers. These injuries can also cause Erb's palsy. AccidentInjuryLawyers are caused by shoulder dystocia. This is a condition in which the baby gets stuck in the birth canal and force is used to deliver the baby. This can be caused by nurses, doctors or midwife who is not handling the situation, causing injury to the brachialplexus.
Other injuries include a lack of blood flow to the fetus, inadequate oxygenation during labor and delivery and intubation that is not properly done or an obstruction to the airway, high levels of bilirubin and distress of the fetus. Fetal distress is usually identified through a simple test known as the Apgar score, which evaluates a newborn's breath, muscle tone as well as heart rate and the color of the skin after birth.
Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby's birth. A lot of birth injuries are not diagnosed, such as subgaleal haemorrhages and skull fractures. Brain imaging can reveal issues such as cerebral palsy or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Medical malpractice or negligence is the main cause of birth injuries. These lawsuits claim that the doctor, nurse or midwife or any other healthcare provider breached their duty to look after the mother and child by 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 retaining experts to testify. These medical professionals can provide evidence to demonstrate how the actions of a healthcare professional or lack of them, have harmed a patient.
Medical experts typically provide evidence that a doctor's the actions of a healthcare professional fell below the standard of care they provide for their particular area. They can also provide their opinions on the injuries that medical professionals could have been able to avoid. The lawyer will then use this information to negotiate with the doctor or hospital to reach a settlement.
In many instances, the doctor or hospital will offer a settlement prior to an investigation. They want to avoid negative publicity, and may accept a settlement to protect their reputations. If the hospital or doctor refuse to settle, an attorney can file a medical negligence lawsuit in the court.
If a lawsuit is filed parents will be the plaintiffs, and the nurses, doctors and other medical professionals become defendants. Lawyers begin the discovery process. This involves sharing all the evidence that support the case. They also will take 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 ask for compensation for the costs incurred due to injuries like medical bills as well as lost wages and other expenses. A judge or jury could decide to award additional damages, which could include economic losses, such as suffering and pain. In certain cases, juries and judges can also award punitive damages, that is intended to penalize defendants for their recklessness or omission.
A Denver birth injury lawyer can assist parents in understanding and asserting their rights, and fight for fair compensation for medical expenses, therapy fees and other injury-related costs. They can assist families in determining the true value of their losses, and make a claim for medical malpractice against negligent healthcare providers.
Statute of Limitations
If a medical professional fails to provide a baby or mother with the established standards of medical attention during labor, and delivery, and the injuries lead to life-altering consequences victims can pursue a lawsuit. A birth injury lawyer can help families build a strong claim to get compensation for medical bills as well as lost wages (if parents have to be absent from work to take care of the child) and much more.
A birth injury lawyer is important to contact as soon as possible following a suspected medical mistake during the delivery process. The law of the state has deadlines for victims to adhere to. An experienced lawyer will assist clients in understanding the timeframe to make a claim, and also successfully argue for extensions, if necessary.
A lawyer can begin constructing an argument for damages that is strong once they have taken on the case. They will collect the evidence required. This can include medical records of the mother as well as the child, as well the testimony of experts. Experts can explain the standards of care that apply in this type of situation, as well as demonstrate how the medical provider's actions deviated from the standard.
Based on the severity of the victim's injuries, the lawyer may also be able to argue for compensatory damages. These could include non-economic as well as economic damages, including the cost of suffering and emotional distress, disability, loss of enjoyment of life, and many more. In certain cases, the lawyer can even seek punitive damages in order to punish the defendant and serve as a deterrent to others.
Birth injury victims typically have multiple claims, such as against doctors, nurses and midwives. A birth injury law firm can conduct an investigation to determine who is responsible for negligence and who should face liability. The victim and his family will then be compensated to the maximum amount. The total amount granted in a successful medical malpractice lawsuit is limited only by the state laws, but they can be inclusive of all financial and personal losses that result as a result of the accident.
Compensation
Birth injuries can range from minor abrasions such as broken bones to more serious injuries that can affect a child's health in the long term. Some of the most severe medical birth injuries are cerebral palsy as well as hypoxic ischemic cerebrovascular disease (HIE). When an infant experiences oxygen deprivation, it prevents their brain and other vital organs from getting the nutrients they need to function properly. Oxygen deprivation can be caused by a variety of factors during labor and birth. This includes a prolonged or complicated pregnancy, as well as the use of a vacuum during an especially difficult birth.
A Denver birth injury lawyer can assist families and victims make a claim to recover damages, such as medical expenses, lost wages and suffering. A claim can also assist in the payment of equipment and therapy programs that might be required for the child's care.
It is crucial to engage a local birth injury attorney since it will decrease the amount of time that has to be spent traveling between appointments with court dates, court dates, and other legal procedures. Local law firms will also have a better understanding of the medical experts involved in the birth of your child. They are more likely to be aware of any prior problems or issues with malpractice or negligence.
Medical malpractice claims can be complicated and costly insurance companies typically try to avoid liability by blaming victims for accidents. A experienced birth injury lawyer can investigate the case and determine what transpired and who was at fault, and how much the injury is worth.
A lawyer can also be competent in the preparation of the case. This is a time-consuming process that requires the testimony of doctors and other experts. A lawyer will also ensure that the statutes of limitation are adhered to and that all the necessary medical records are collected prior to filing an action.
The sooner you speak to an Denver birth injury lawyer, the better. The lawyer will investigate your claim and gather the evidence needed to create a strong claim for compensation. Medical documents and expert witness testimony and other documentation is essential to prove that the harm your child suffered was the result of a doctor's negligence. To find out the value of your case, schedule an appointment with an expert Colorado birth injury lawyer.