A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a child is a joyous event. However, medical errors during the labor and delivery process can cause serious birth injuries. These injuries can have long-lasting effects and be costly for families.
A Denver birth injury lawyer can help parents recover the compensation they owe their child for his or her lifetime care needs. A claim can be filed any time before a minor's eighth birthday.
The causes of birth injuries
Medical malpractice occurs when a doctor or health care professional stray from accepted medical standards and can result in death or injury. Medical negligence during childbirth, which can result in astronomical medical expenses and loss of income, as well as the 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.
Anoxia is one of 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 can also trigger developmental delays, impulsive behavior, and learning difficulties.
Another type of birth injury is nerve damage. This includes injuries to the brachial plexus which are nerves that flow from the upper spine to the neck, shoulder, and arm. These injuries can cause an impairment in the arms, hands and fingers. They can also lead to the condition known as Erb's palsy. These injuries are usually caused by a problem during the birth process, which is known as shoulder dystocia. where the baby gets stuck in the birth canal and forces are used to bring the baby out. This can be caused by nurses, doctors or midwife not properly handling the situation, causing injury to the brachialplexus.
Other injuries include a lack blood flow to the foetus, inadequate oxygenation during birth and labor, improper intubation, airway obstructions high bilirubin levels and fetal stress. Fetal distress is usually detected with a quick test, known as the Apgar score, which measures the baby's breath, muscle tone heart rate, breathing, and the color of the skin after birth.
Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby's birth. A lot of birth injuries are not recognized, such as subgaleal haemorrhages and skull fractures. For instance brain imaging may reveal the presence of certain conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Many birth injuries are the result of negligence or medical malpractice. These lawsuits claim that a doctor or nurse or midwife or another healthcare provider breached their obligation to care for the mother and child by their actions or inaction.
A lawyer can help parents make a convincing case against a healthcare professional through reviewing the patient's medical records and hiring expert witnesses. These medical professionals will provide evidence that demonstrates the way in which a healthcare professional's actions or inactions harmed the patient.
Most often, these experts will confirm that the doctor or other healthcare provider's actions fell below the standards of care that are required in their field of expertise. They also offer their opinion on injuries that a healthcare professional should have been able prevent. The attorney will make use of this information to negotiate a settlement with the doctor or hospital.
In many cases the hospital or doctor will settle before an investigation. They may settle to protect their reputation and avoid negative publicity. If the hospitals or doctors refuse to accept a settlement, a lawyer could file a medical malpractice lawsuit in the court.
If a lawsuit has been filed, the parents become plaintiffs, while doctors, nurses, and other medical professionals become defendants. Lawyers will start the discovery process which involves sharing all information that support the case. Accident Injury Lawyers will also take depositions or sworn statements.
The lawyers will argue that the defendants acted negligently by failing to adhere a standard of care in their profession and that their negligence led to the injury of the child. They will seek compensation for injury-related expenses like medical bills or lost wages, among other expenses. A judge or jury could decide to award additional damages, which could include economic losses, such as suffering and pain. In certain instances, juries and judges can also award punitive damages, that is intended to penalize defendants for their recklessness or disregard.
A seasoned Denver birth injury attorney can assist parents to understand their rights and advocate for fair compensation to cover medical expenses, therapy costs and other expenses related to injuries. They can help families assess the true value of their losses, and pursue a medical malpractice lawsuit against the negligent healthcare providers.
Statute of limitations
Victims are able to bring a lawsuit in the event that a medical professional is not in their obligation to provide a baby, or mother, with the care that is required during labour, pregnancy and delivery. Injuries can have life-altering consequences. A birth injury lawyer can help families to file a claim to get the cost of medical bills, 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 quickly as is possible in the event of a medical mistake during the delivery process. State law has deadlines for victims to meet. An experienced lawyer can assist clients in understanding the timeframe to file a claim and can also effectively argue for extensions if needed.
A lawyer can begin constructing an effective case for damages after they have decided to take on the case. They will collect the evidence required. This may include the mother's and child's medical records, as well as the testimony of experts. These experts can explain the standards of care that apply in this particular situation, and explain how the medical professional's actions were different from the norm.
Depending on the severity of the victim's injuries, a lawyer may also be able to argue for compensatory damages. This could include non-economic as well as economic damages, like pain and suffering, disability, emotional distress as well as loss of enjoyment life, and so on. In certain instances the lawyer may demand punitive damages to punish the defendant and serve as a deterrent to others.
Birth injury victims often have multiple claims, including against doctors, nurses and midwives. The lawyers of a firm that handles birth injuries can conduct an extensive investigation to determine who are accountable for the negligence and who is accountable. The victim and his family can be awarded compensation up to the maximum amount. The state laws limit the total amount of damages that can be granted in a medical malpractice lawsuit, however, it is possible to include all financial and personal loss resulting from.
Compensation
Birth injuries can range from minor injuries like broken bones to more serious injuries that impact the child's health in the long term. Some of the most serious medical birth injuries include cerebral palsy and hypoxic ischemic cerebrovascular disease (HIE). When an infant is deficient in oxygen, their brain and other vital tissues are unable receive the nutrients required to function effectively. The deficiency in oxygen can be caused by a range of factors during labor and delivery. This can be caused by a long or complex pregnancy, as well as the use of a vacuum during a particularly difficult birth.
A Denver birth injury lawyer can assist victims and their families file a lawsuit against the responsible parties for the harm caused by the accident, such as medical expenses, lost wages, and suffering and pain. A claim could also assist in the payment of specialized equipment and therapy programs that could be required to provide care for the child.
Hiring a local attorney for birth injuries is important because it can save you time traveling to and from court dates, and other legal proceedings. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. They are more likely to know whether they have had 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 for the accident. A birth injury lawyer who has expertise in investigating cases can identify what happened, the parties who were at fault, as well as the value of the injury.
A lawyer can also be competent in the preparation of the case. This is a very lengthy process that requires the testimony of medical professionals and doctors. A lawyer can also ensure that the statutes of limitations are observed and that all necessary medical records are obtained prior to filing lawsuits.
The earlier you get in touch with a Denver birth injury lawyer, the better. The lawyer will investigate your claim and gather the evidence necessary to create a strong compensation case. Medical documents as well as expert witness statements and other documents are necessary to prove that your child's injury was the result of a doctor or other medical professional's negligent acts. Schedule a consultation with an experienced Colorado birth injury lawyer today to determine how much your case is worth.