A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby should be a joyous occasion. Medical mistakes during delivery and labor can result in serious birth injuries. These injuries can cause long-lasting damage and be costly for families.
A Denver birth injury attorney can assist parents to recover compensation for their child's lifetime medical needs. An application for compensation can be made at any time prior to the minor's eighth birthday.
Causes of Birth Injuries
Medical malpractice is when doctors or other health professionals stray from accepted medical practices, causing injury or death. Certain birth injuries can be prevented and medical negligence during childbirth could cause astronomical medical expenses, lost income, and inability to provide for your child's needs. An experienced Denver birth injury attorney like Laura Brown can help you fight for your child's rights to compensation.
Anoxia is one of the most common birth injuries. This kind of birth injury can cause irreparable brain damage and impact the child's physical, mental and emotional performance. birth injury attorney denver can also cause the development of a child as well as impulsive behavior and learning disabilities.
Another form of birth injury is nerve damage. This includes the brachial plexus, which are nerves that run from the upper spine to the shoulder, neck, and arm. These injuries can lead to a loss of functionality in the fingers, hands, and arms. These injuries can also cause Erb's palsy. These injuries are often caused by a problem during the birth process, which is known as shoulder dystocia. where the baby becomes stuck in the birth canal and forces are applied in order to bring the baby out. A doctor, nurse or midwife might not be able to handle this situation, causing injury to the brachial plexus.
Other injuries include a lack of 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 identified with a quick test, known as the Apgar score, which assesses a newborn's breathing, muscle tone as well as heart rate and skin color after birth.
Some birth injuries require immediate medical attention, while other injuries might not be discovered until months or even years following the baby's birth. Many birth injuries are not identified, for instance, subgaleal haemorrhages and skull fractures. For instance brain imaging can show the presence of conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Medical malpractice or negligence is the cause of many birth injuries. These lawsuits claim that the doctor, nurse or other healthcare provider breached their duty to care for the mother and child by their actions or inability to act.
A lawyer can help parents in constructing a solid case by reviewing the medical records of the patient and obtaining experts to testify. Medical professionals can provide evidence to prove that a healthcare professional's actions, or lack of them, have harmed the patient.
These medical experts often declare that a doctor's or the actions of a healthcare professional fell short of the standards of care in their field. They will also give their opinion on injuries that a healthcare professional should have been able to prevent. The lawyer will make use of this information to negotiate a settlement with the doctor or hospital.
In many cases doctors or hospitals will offer a settlement prior to a trial. They wish to avoid negative publicity, and may be willing to settle to safeguard their reputations. If the hospital or doctor refuse to accept a settlement, an attorney may file a medical negligence lawsuit in the court.
If a lawsuit is filed the parents will become the plaintiffs, and the doctors, nurses and other medical professionals will become defendants. Lawyers begin the discovery process. This includes sharing all the evidence that support the case. They will also conduct depositions, which are sworn statements.
The lawyers will argue that the defendants committed a crime by failing to adhere to the standard of care that they must adhere to in their work and that their negligence resulted in the child's injuries. They will seek compensation for the injuries-related losses, which include medical bills as well as lost earnings and other expenses. A jury or judge may award additional damages, including economic losses, such as suffering and pain. In some cases juries or judges can also award punitive damages which are intended to punish the defendants for their carelessness or apathy.
An experienced Denver birth injury attorney can help parents understand their rights and fight for fair compensation to cover medical costs as well as therapy costs and other injury-related expenses. They can help families assess the full value of their losses and pursue a medical malpractice lawsuit against negligent healthcare providers.
Statute of Limitations
If medical professionals fail to provide an infant or mother with the standard of medical care during labor, and birth, and the injuries lead to life-altering consequences the victims may bring a lawsuit. A birth injury lawyer can help families to file a claim to recover compensation for medical expenses and lost wages (if a parent must be absent from work to care for the child) and much more.
Since the law in each state sets deadlines for when victims are able to file a claim, it is critical to contact an attorney for birth injuries as soon as possible after the occurrence of a medical error in the delivery process. An experienced lawyer can assist clients understand the timeframe to file a claim as well as argue effectively for extensions if needed.
Once a lawyer takes on a case, they can begin constructing a strong argument to support the claim for damages by gathering the necessary evidence. This can include the medical records of the mother and child as well as the testimony of experts. These experts can provide an explanation of the standards of care that apply in this particular scenario, and demonstrate how the medical provider's actions deviated from the standard.
Depending on the severity of the victim's injuries, a lawyer can also advocate for compensatory damages. These damages may include economic and non-economic damages including pain and suffering, emotional distress, disability and loss of enjoyment of life. In some instances lawyers can seek punitive damage to punish the defendant as well as serve as a warning to others.
Birth injury victims typically have multiple claims against various defendants, such as doctors, nurses, midwives, and other medical professionals. The lawyers of a firm that handles birth injuries can conduct a thorough investigation to determine which defendants are responsible for the malpractice and who should be held accountable. The victim and his family members can then be compensated up to the maximum. The amount granted in a successful medical malpractice lawsuit is limited only by the laws of the state, but they can include all the personal and financial losses that occur due to the accident.
Compensation
A birth injury can range from minor injuries like broken bones to more serious injuries that can affect a child's long-term health. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When a baby suffers from oxygen deprivation, it prevents their brain and other vital organs from receiving the nutrients they need to function properly. Many factors can lead to the loss of oxygen during labor and birth such as a prolonged or complicated pregnancy and the use of a vacuum during a difficult birth.
A Denver birth injury lawyer can assist families and victims file a lawsuit to get compensation for damages, including medical expenses as well as lost wages, pain and suffering. A claim could also be able to pay for any equipment or therapy program that is required for the child's treatment.
Hiring a local attorney for birth injuries is crucial because it will save you time travelling to and from meetings, court dates and other legal proceedings. 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 previous issues or negligence or malpractice.
Medical malpractice claims are complex and expensive, and insurance companies often attempt to minimize liability by blaming victims for the accidents. A birth injury lawyer who has years of experience in investigating cases can determine what happened, the parties who were at fault, as well as the value of the injury.
A lawyer can also take on the task of preparing the case which is often extremely time-consuming and requires expert testimony from doctors and other qualified experts. Additionally, a lawyer can ensure that the statute of limitations is met and that the proper medical records are obtained prior to filing a lawsuit.
The sooner you speak to an attorney in Denver, the better. The lawyer can begin to work investigating your claim and gathering the evidence to build a strong case for compensation. The medical records and expert witness statements and other documentation are essential to prove the injury suffered by your child was the result of the medical professional's negligent acts. Schedule a consultation with an experienced Colorado birth injury lawyer today to determine the amount your case is worth.