A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby should be a joyful time. Birth complications and medical errors during labor can lead to serious birth injuries. These injuries can have lasting effects and can be costly for families.
A Denver birth injury attorney can assist parents to recover compensation for their child's lifelong medical needs. A claim is possible at any time before a minor's eighth birthday.
Causes of birth injuries
Medical malpractice occurs when doctors and other health professionals stray from accepted medical standards, causing injury or death. Medical negligence during childbirth, which can result in massive medical expenses and loss of income, as well as the inability to meet your child's basic needs is among 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 injury can cause 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 nerves in the brachialplexus which run from the spine to the shoulder, arm and neck. These injuries can lead to an impairment in the arms, hands and fingers. They can also result in an illness known as Erb's Palsy. These injuries are caused by shoulder dystocia. This is a condition in which the baby gets stuck in the birth canal and force is used to birth the baby. A nurse, doctor, or midwife could fail to manage this situation and cause 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 obstruction of the airway, elevated levels of bilirubin and distress in the fetus. Fetal distress is often detected with a quick test, called the Apgar score, which evaluates the baby's breathing, muscle tone as well as heart rate and skin color after birth.
Certain birth injuries require immediate medical attention, while other injuries are not detected until months or years after the baby's birth. A lot of birth injuries are not recognized, such as subgaleal hemorrhages or skull fractures. For instance brain imaging may reveal the presence of conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.
Medical Malpractice
Many birth injuries result of medical malpractice or negligence. These lawsuits claim that a doctor, nurse, midwife or other healthcare provider violated their duty to care for the mother and child by their actions or failure to act.
A lawyer can help parents in constructing a strong case by reviewing the medical records of a patient and obtaining expert witnesses. Medical professionals can provide evidence that demonstrates how the actions of a healthcare professional or inactions hurt the patient.
Most often, these experts will affirm 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 provide their opinions on injuries that medical professionals should have been able to prevent. The attorney will then use this information to negotiate with the doctor or hospital to settle the matter.
In many cases the hospital or doctor will settle before a trial. They are trying to avoid negative publicity and may accept a settlement to safeguard their reputations. If the doctors or hospital refuse to settle, an attorney can file a medical negligence lawsuit in the court.
When a lawsuit has been filed, the parents are plaintiffs, and doctors, nurses and other medical professionals are defendants. Lawyers will begin the discovery process. This involves sharing all the evidence that can support the case. They will also make depositions or sworn statements.
The lawyers will argue that the defendants were negligent in not adhering to a standard of care within their field and that their negligence caused the injury to the child. They will seek compensation for injury-related expenses, such as medical bills or lost wages, among other expenses. A judge or jury may award additional damages, including non-economic losses, like pain and suffering. In some cases, juries or judges may also award punitive damages, that are designed to penalize the defendants for their carelessness or inattention.
A seasoned Denver birth injury lawyer can help parents understand their rights and advocate for fair compensation to cover medical expenses, therapy costs and other related expenses. They can assist families in determining their losses to the fullest extent and make a claim against negligent healthcare providers.
Statute of limitations
Victims are able to bring a lawsuit if a medical professional fails in their obligation to provide a child or mother with the standards of care during labour, pregnancy, and delivery. Injuries cause permanent damage. A birth injury lawyer can assist families to file a claim to get the cost of medical bills, lost wages (if the parent has to leave work to take care of the child) and more.
Because state law sets deadlines for when a victim 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 delivery process. An experienced lawyer will assist clients in understanding the timeframe to file a claim and also successfully argue for extensions if required.
A lawyer can start building an argument for damages that is strong after they have decided to take on the case. They will collect the necessary evidence. This can include medical documents of the mother and child, as well the testimony of experts. These experts can explain to the court the standard of care in this type of situation and show how the actions of the medical professional weren't in accordance with the standard of care.
Depending on the severity of the victim's injuries, a lawyer can also argue for compensation damages. These damages may include economic and non-economic damages, including emotional distress, disability and loss of enjoyment of life. In some cases, a lawyer may even demand punitive damages to punish the defendant as well as serve as a warning to others.
Birth injury victims usually have multiple claims, including against nurses, doctors and midwives. The lawyers of a birth injury firm can conduct an exhaustive investigation to determine which defendants are responsible for the malpractice and who is accountable. The victim and his family can then be compensated up to the maximum amount. The amount granted in a successful medical malpractice suit is determined only by the state laws, but they can include all personal and financial losses that result due to the injury.
Compensation
Birth injuries can be anything from minor, like broken bones to more serious ones that can affect a child's long-term health. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When a baby is deprived of oxygen, their brain and other vital tissues are not able to receive the nutrients needed to function effectively. There are a variety of factors that can cause oxygen deprivation during labor and birth, including a long or complicated pregnancy as well as the use of a vacuum during a difficult birth.
A Denver birth injury lawyer can assist families and victims file a lawsuit to recover damages, such as medical expenses as well as lost wages, suffering. birth injury settlement could also be used to pay for the cost of special equipment and therapy programs that could be necessary to provide care for the child.
It's important to hire a local birth injury attorney since it will decrease the amount of time that must be spent travelling between meetings with court dates, 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 will be more likely to know if they have had any previous issues or had a previous history of negligence or malpractice.
Medical malpractice claims are complex and expensive insurance companies frequently attempt to minimize liability by blaming victims for the accidents. A skilled birth injury lawyer can look into the situation and determine what occurred, who is at fault and what the injury is worth.
A lawyer can also take on the burden of preparing the case which is often extremely time-consuming and requires expert testimony from doctors and other trained experts. Additionally, a lawyer can ensure that the statute of limitations is followed and that all the necessary medical records are gathered prior to filing an action.
The sooner you contact the Denver birth injury lawyer, the better. The lawyer can begin to work investigating your claim and gathering the evidence needed to build a strong claim for compensation. Medical records and expert witness testimony and other documentation is essential to prove that the harm your child suffered was caused by a doctor's negligence. To determine the value of your case, set up a an appointment today with an experienced Colorado birth injuries lawyer.