A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful experience. However, medical mistakes made during the labor and delivery process can result in serious birth injuries. These injuries can cause lifelong consequences and a significant financial burden for families.
A Denver birth injury lawyer can help parents receive compensation for the care and treatment of their child. The claim is possible at any time prior to the minor's eighth birthday.
Causes of birth injuries
Medical malpractice occurs when doctors and other health professionals stray from accepted medical practices, causing injury or death. Certain birth injuries can be prevented and medical negligence during childbirth can lead to astronomical medical bills, lost income, and inability to provide for your child's requirements. Laura Brown, an experienced Denver birth injury lawyer, can help you fight to protect your child's rights to compensation.
Anoxia is among the most common birth injuries. This type of birth trauma can cause irreparable damage to the brain and alter a child's cognitive and physical functioning. It can also lead to 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 extend from the upper spine to the neck, shoulder and arm. These injuries can cause the loss of function in the hands, fingers, and arms. They can also lead to an illness known as Erb's palsy. These injuries are typically caused by a condition that occurs during delivery called shoulder dystocia, where the baby becomes stuck in the birth canal and forces are applied in order to get the baby out. A doctor, nurse or midwife may mismanage this situation, causing injury to the brachial plexus.
Other injuries include a deficiency of blood flow to the fetus, low oxygen levels during labor and birth, improper intubation or airway obstruction, elevated levels of bilirubin, and distress in the fetus. Fetal distress is usually detected through a simple test known as the Apgar score, which assesses a newborn's muscle tone, breath as well as heart rate 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 is born. Many birth injuries are not recognized, such as subgaleal haemorrhages and skull fractures. For example brain imaging may reveal the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Medical malpractice or negligence is the main cause of birth injuries. These lawsuits allege that a doctor, nurse or midwife, or any other healthcare provider breached their obligation to care for the mother and child through their actions or inaction.
A lawyer can assist parents to build a convincing case against a healthcare professional through looking over the medical records of the patient and obtaining experts to testify. These medical professionals will provide evidence to show how a healthcare provider's actions or inactions hurt the patient.
Medical experts typically provide evidence that a doctor's the actions of a healthcare professional fell below the standards of care for their speciality. They will also offer opinions on the harms that the healthcare provider could have done more to avoid. The attorney will utilize this information to negotiate an agreement with the doctor or hospital.
In many instances, the hospital or doctor will settle before a trial. They wish to avoid negative publicity, and may be willing to settle to ensure their reputations. If the doctors or hospital refuse to settle, an attorney can file a medical negligence lawsuit in the court.
When a lawsuit is filed the parents will become the plaintiffs and the nurses, doctors and other medical professionals will become defendants. Lawyers will begin the process of discovery. This includes providing all the information that supports the case. They also will take depositions which are sworn declarations.
The lawyers will argue that the defendants committed negligence by failing to adhere a standard of care in their work and that their negligence led to the injury of the child. They will seek compensation for the losses resulting from the injury, which include medical bills as well as lost earnings and other expenses. A jury or judge may award additional damages, including non-economic losses like suffering and pain. In certain instances juries and judges can also award punitive damages which is meant to punish defendants for their extreme negligence or omission.
An experienced Denver birth injury lawyer can assist parents to understand their rights and advocate for fair compensation to cover medical expenses as well as therapy costs and other injury-related expenses. They can assist families in determining their total losses and make a claim against negligent healthcare providers.
Statute of Limitations
Victims may file a lawsuit if a medical professional fails in their obligation to provide an infant, or mother, with the standard of care that is required during labour, pregnancy and delivery and the injuries have life-altering effects. A birth injury lawyer can help families build a strong claim to get compensation for medical bills, lost wages (if parents have to take time off work to take care of 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 stipulates deadlines that victims must comply with. An experienced lawyer will help clients understand the timelines to file a claim and also successfully argue for extensions if needed.
Once a lawyer takes on a case, they can begin to build a convincing argument to support the claim for damages by gathering the necessary evidence. This could include the medical records of the mother and child as well as the testimony of expert witnesses. These experts can explain the standards of care that apply in this type of situation, and explain how the medical professional's actions differed from the norm.
Depending on the severity of a victim's injuries, the lawyer may also be able to argue for compensation damages. These damages may include economic and non-economic damages including emotional distress, disability, and loss of enjoyment of life. In certain cases lawyers can seek punitive damages to penalize the defendant as well as act as a warning for others.
Birth injury victims often have multiple claims, which can include against nurses, doctors and midwives. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for malpractice and who is liable. The victim and his family can then be compensated to the maximum amount. birth injury compensation restrict the amount of damages that can be awarded in a medical malpractice lawsuit, but it could include all personal and financial loss resulting from.
Compensation
Birth injuries can range from minor traumas such as broken bones to serious injuries that affect the child's health over the long-term. Some of the most serious medical birth injuries are cerebral palsy and hypoxic ischemic cerebrovascular disease (HIE). When a baby is deprived of oxygen the brain and other vital tissues are unable receive the nutrients required to function properly. The lack of oxygen can be caused by a variety of causes during labor and birth. These include a long or complex pregnancy, as well as the use of a vacuum during a particularly difficult birth.
A Denver birth injury attorney can assist families and victims bring a lawsuit in order to recover damages, such as medical expenses loss of wages, suffering and pain. A claim may also pay for any special equipment or therapy programs that are required for the child's treatment.
Employing a local attorney to deal with birth injuries is essential since it will help you save time and effort traveling to and from court dates and other legal procedures. Local law firms will also have a better understanding of the medical professionals involved in the birth of your child. They are more likely to be aware of any prior issues or malpractice or negligence.
Medical malpractice claims can be extremely complicated and costly, and many insurance companies attempt to avoid liability by blaming the victim for the accident. A birth injury lawyer who has experience investigating cases can determine what happened, the parties who were at fault, as well as the value of the injury.
A lawyer can also be capable of handling the preparation of the case. This is a very time-consuming process that requires testimony of medical professionals and doctors. A lawyer will also ensure that the statutes of limitation are adhered to and that all necessary medical records are collected prior to filing an action.
The sooner you speak to an attorney in Denver the sooner you can get in touch with an attorney in Denver. The lawyer can begin to work in investigating your claim and gathering the evidence required to present a compelling claim for compensation. Medical documents and expert witness testimony and other evidence are essential to prove that the harm the child suffered was the result of the negligence of a doctor. Schedule a consultation with an experienced Colorado birth injury lawyer today to find out what your case's worth.