A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby is a joyful event. However, medical mistakes during labor and delivery can result in serious birth injuries. These injuries can have long-lasting effects and cost families a lot of money.
A Denver birth injury lawyer can help parents get compensation for the ongoing care of their child. A claim can be filed any time before a minor's eighth birthday.
Birth Injury Causes
Medical malpractice happens when a doctor or health professional deviates from accepted medical practices and causes injury or death. Some birth injuries are preventable and medical negligence during childbirth could lead to astronomical medical bills as well as lost income and inability to provide for your child's needs. A seasoned Denver birth injury lawyer such as Laura Brown can help you fight for your child's right to compensation.
Anoxia is among the most common birth injuries. This kind of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It could also lead to the development of a child and impulsive behavior as well as learning disabilities.
Another type of birth injury is nerve damage. This includes injuries to the brachial nerve, which are nerves that run from the upper spine to the neck, shoulder, and arm. These injuries can result in the loss of function in the hands, fingers, and arms. They can also lead to the condition known as Erb's Palsy. These injuries result from shoulder dystocia. This is a condition where the baby is stuck in the birth canal, and force is applied to help deliver the baby. This can be caused by nurses, doctors or midwife not properly handling the situation and injuring the brachialplexus.
Other injuries can include a deficiency in blood flow to the foetus poor oxygenation during birth, inadequate intubation, airway obstructions, high bilirubin levels and the stress of a fetus. 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 skin color after birth.
ethical birth injury attorneys require immediate medical attention, whereas others may not be detected until months or even years after the baby's birth. The injuries like skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injuries remain undiagnosed. Brain imaging can identify conditions like cerebral palsy or hypoxic-ischemic encephalopathy.
Medical Malpractice
Many birth injuries are the result of medical malpractice or negligence. These lawsuits assert that a doctor, nurse or midwife, or any other healthcare provider breached their duty of care to the mother and child through their actions or inaction.
A lawyer can assist parents in constructing a strong case by looking over the medical records of a patient and hiring expert witnesses. Medical professionals can offer evidence to prove that the actions of a healthcare professional or inactions, hurt a patient.
Medical experts typically declare that a doctor's or the actions of a healthcare professional fell short of the standards of care they provide for their particular area. They also offer their opinions on injuries that a healthcare professional could have prevented. The lawyer will then use this information to negotiate with the doctor or hospital to settle the matter.
In many instances doctors or hospitals will offer a settlement prior the trial. They might settle to protect their reputation and avoid negative publicity. If the hospitals or doctors refuse to accept a settlement, a lawyer could make a claim for medical malpractice in the court.
When a lawsuit has been filed, the parents are plaintiffs, while doctors, nurses and other medical professionals become defendants. Lawyers will start the discovery process which involves sharing all information that supports the case. They will also take depositions or sworn statements.
The lawyers will argue that the defendants committed malpractice in not adhering to the standard of care that they must adhere to in their work and that their negligence led to the child's injuries. They will demand compensation for the costs incurred due to injuries including medical bills, lost wages and other expenses. A judge or jury can award additional damages, including non-economic loss, such as pain and suffering. In some egregious cases, juries or judges may also award punitive damages which are designed to punish the defendants for their recklessness or apathy.
A seasoned Denver birth injury lawyer 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 total value of their losses, and file a medical malpractice lawsuit against the negligent healthcare providers.
Statute of limitations
Victims can 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 established during labour, pregnancy and delivery and the injuries have life-altering effects. A birth injury lawyer can help families to file a claim to obtain compensation for medical bills, lost wages (if a parent must be absent from work to care for the child), and more.
Because state law sets deadlines for when victims are able to make an action, it's important to contact a birth injury attorney as soon as possible after the occurrence of a medical error in the birth process. A skilled lawyer can help clients understand the timelines to file a claim and also effectively argue for extensions, if necessary.
A lawyer can begin to build an argument for damages that is strong once they have taken on the case. They will gather the necessary evidence. This can include the mother's and child's medical records as well as the testimony of expert witnesses. These experts can provide an explanation of the standard of care in this kind of situation, and demonstrate how the medical provider's actions deviated from the standard.
The lawyer can also seek compensatory damages, depending on the severity of the victim's injuries. These damages may include economic and non-economic damages including emotional distress, disability and loss of enjoyment of the life. In certain instances the lawyer may demand punitive damages to penalize the defendant and act as a deterrent for others.
Birth injury victims usually have multiple claims, such as against nurses, doctors and midwives. A birth injury law firm can conduct an investigation to determine who is responsible for malpractice and who is liable. They can then pursue maximum compensation for the victim and their family. The amount granted in a successful medical malpractice suit is determined only by the laws of the state however, they may be inclusive of all financial and personal losses that result due to the accident.
Compensation
A birth injury can be anything from minor, like broken bones to more serious injuries that impact a child's health. Some of the most serious medical birth injuries include cerebral palsy as well as hypoxic ischemic cerebrovascular disease (HIE). When a baby is deficient in oxygen, their brain and other vital tissues are unable to receive the nutrients needed to function effectively. A variety of factors can cause oxygen deprivation during labor and birth, including a long or difficult pregnancy, as well as the use of the vacuum during a difficult birth.
A Denver birth injury lawyer in Denver can assist families and victims file a lawsuit to obtain compensation, including medical expenses loss of wages, pain and suffering. A claim can also help cover the cost of equipment and therapy programs that may be required to provide care for the child.
Finding a local attorney for birth injuries is important because it will save you time traveling to and from meetings, court dates, and other legal proceedings. A local law firm is also more familiar with the medical specialists and hospitals involved in your child's birth. They are more likely to be aware of any previous problems or issues with 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 incident. A skilled birth injury lawyer can look into the situation and determine what occurred and who was at fault and what the injury is worth.
A lawyer is also able to take on the task of preparing the case which can be lengthy and requires expert testimony from doctors and other qualified experts. A lawyer will also ensure that the statutes of limitation are observed and that all the necessary medical records are obtained prior to filing lawsuits.
The sooner you contact an attorney in Denver the earlier you contact an attorney in Denver, the better. The attorney will investigate your claim and gather the evidence needed to establish a solid claim for compensation. Medical records and expert witness testimony and other documentation is essential to prove that the injury your child sustained was the result of the negligence of a doctor. To determine the value of your case, schedule an appointment today with an expert Colorado birth injuries lawyer.