A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyous event. However, medical mistakes made during labor and delivery can cause serious birth injuries. These injuries can cause lifelong consequences and a significant financial burden for families.
A Denver birth injury lawyer in Denver can assist parents in obtaining compensation for the lifetime care of their child. A claim can be filed at any time before a minor's eighth birthday.
The causes of birth injuries
Medical malpractice occurs when a doctor or health professional deviates from the accepted medical guidelines and can result in death or injury. Certain birth injuries can be prevented, and medical negligence during childbirth could result in astronomical medical costs, lost income, and inability to provide for your child's requirements. Laura Brown, an experienced Denver birth injury lawyer can help you fight to defend your child's rights to compensation.
Anoxia is one of the most common birth injuries. This type of birth injury could cause irreparable brain damage and affect the child's physical, mental, and emotional functioning. It can also cause developmental delays, impulsive behavior, and learning disabilities.
Another type of birth injury is nerve damage. This includes nerve damage in the brachialplexus that extend from the spine to the shoulder, arm and neck. These injuries can result in the loss of function in the hands, fingers, and arms. They can also result in the condition called 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 to try to deliver the child. A doctor, nurse or midwife may mismanage this situation, causing injury to the brachial plexus.
Other injuries include a lack of blood flow to the fetus inadequate oxygenation during labor and birth and intubation that is not properly done or an airway obstruction, elevated levels of bilirubin and distress in the fetus. Fetal distress can be detected through a simple test known as the Apgar score. This test assesses the color of a newborn's skin and breathing, muscle tone and heart rate following birth.
Some birth injuries require immediate medical attention whereas others may not be detected for months or even years after the baby's birth. Many birth injuries are not recognized, such as subgaleal hemorrhages or skull fractures. For instance 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 negligence or medical malpractice. These lawsuits claim that a doctor, nurse or midwife, or any other healthcare provider violated their duty of care to the mother and child through their actions or inaction.
A lawyer can help parents to build a convincing case against a healthcare professional through reviewing the patient's medical records and hiring expert witnesses. Medical professionals will give evidence to show how the actions of a healthcare professional or inactions harmed the patient.
In most cases, these medical experts will testify that the doctor or other healthcare provider's actions were below the standards of care that are required in their specialty. They will also offer opinions on the injuries that the healthcare provider should have been able to prevent. The lawyer will then use this information to negotiate with the hospital or doctor to settle the matter.
In many cases the hospital or doctor will settle prior to a trial. They wish to avoid negative publicity and may be willing to settle to ensure their reputations. If the hospital or doctor refuse to settle, an attorney can bring a medical negligence lawsuit in court.
When a lawsuit is filed parents will become plaintiffs, while doctors, nurses and other medical professionals will become defendants. Lawyers will begin the process of discovery that involves sharing all information that supports the case. They will also make depositions or sworn statements.
The attorneys will argue that the defendants acted in a negligent manner by not adhering to the standards of care that they must adhere to in their work and that the negligence caused the child's injuries. They will request compensation for the injury-related losses including medical expenses loss of earnings, as well as other expenses. A jury or judge can award additional damages, including non-economic losses, like pain and suffering. In certain cases of adversity, juries or judges may also award punitive damages which are designed to punish the defendants for their carelessness or disregard.
A Denver birth injury lawyer in Denver can assist parents to understand and assert their rights and fight for fair compensation for medical expenses therapy fees, as well as other costs related to injuries. maryland birth injury attorney can help families assess their losses to the fullest extent and file a lawsuit against negligent healthcare providers.
Statute of limitations
Victims may bring a lawsuit in the event that a medical professional is not in their obligation to provide a baby or mother with the standard of care during labour, pregnancy and delivery. Injuries cause permanent damage. A birth injury attorney can help families to build an effective case to seek compensation for medical expenses and lost wages (if the parent needs to take time off to care for their child), and other damages.
Since the law in each state sets deadlines for when victims can file an action, it's critical to contact an attorney for birth injuries as soon as you can after the occurrence of a medical error in the birth process. An experienced lawyer can help clients understand the timeline to file a claim and can also effectively argue for extensions if required.
Once a lawyer takes on a case, they can begin to build a convincing argument to support the claim for damages by gathering the required evidence. This can include the medical records of the mother and child, as well as the testimony of experts. These experts can explain the standards of care that apply in this type of scenario, and demonstrate how the medical provider's actions differed from the norm.
The lawyer can also seek compensatory damages, depending on the extent of the injury. These damages could include economic and non-economic damages, including emotional distress, disability and loss of enjoyment of the life. In certain instances the lawyer may seek punitive damages to penalize the defendant and act as a deterrent for other people.
Birth injury victims typically have multiple claims against different defendants, such as doctors, nurses, midwives and other medical professionals. A birth injury law firm can conduct an investigation to determine who is responsible for the malpractice and who is accountable. The victim and his family will then be compensated up to the maximum amount. The laws of the state limit the total amount of damages that can be granted in a medical malpractice lawsuit, but it can include all personal and financial loss resulting from.
Compensation
Birth injuries can range from minor traumas like broken bones to serious injuries that affect the child's health in the long-term. Some of the most severe medical birth injuries are cerebral palsy and hypoxic cerebrovascular disease (HIE). If a child is deficient in oxygen the brain and other vital tissues are unable to get the nutrients they require to function effectively. A variety of factors can cause oxygen deprivation during labor and birth which includes a lengthy or difficult pregnancy, as well as the use of vacuum during a difficult birth.
A Denver birth injury lawyer in Denver can help families and victims to file a lawsuit against accountable parties for the damages that result from the injury, including medical expenses, lost wages, and suffering and pain. A lawsuit could also pay for any specialized equipment or therapy programs that are required to treat the child.
It is essential to work with an attorney who is local to your area because it will reduce the amount of time that must be spent traveling between appointments, court dates, and other legal proceedings. A local law firm will also be more familiar with the medical specialists and hospitals that were involved in your child's birth. They will be more likely to know whether they have any previous issues or had a history of malpractice or negligence.
Medical malpractice claims can be complicated and costly, and insurance companies often attempt to minimize liability by blaming victims for accidents. A birth injury lawyer with experience investigating cases can determine the circumstances, who was at fault, and the worth of the injury.
A lawyer is also able to take on the burden of preparing the case which is usually very time-consuming and requires expert testimony from doctors and other trained experts. Additionally, a lawyer can ensure that the statute of limitations has been followed and that all the necessary medical records are collected before filing a lawsuit.
The sooner you speak to the Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The attorney will begin to work in investigating your claim and gathering the evidence required to present a compelling case for compensation. Medical documents as well as expert witness testimony and other evidence is necessary to prove that the harm your child suffered was caused by the negligence of a doctor. To learn more about the worth of your case, set up a a consultation today with an experienced Colorado birth injury lawyer.