A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a baby is a joyful event. Medical mistakes during delivery and labor can lead to serious birth injuries. These injuries can have long-lasting effects and be costly for families.
A Denver birth injury lawyer can assist parents in obtaining compensation for the ongoing care of their child. A claim is possible at any time prior to the minor's eighth birthday.
Causes of Birth Injury
Medical malpractice occurs when doctors and other health professionals stray from the accepted medical guidelines which can result in injury or death. Some birth injuries are preventable, and medical negligence during childbirth could cause astronomical medical expenses or loss of income, as well as the inability to meet your child's needs. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to protect your child's rights to compensation.
There are many types of birth injuries, however one of the most common involves oxygen deprivation (anoxia). This type of birth trauma can cause irreparable damage to the brain and affect a child's mental and physical functioning. It can also lead to developmental delays, impulsive behaviors, and learning difficulties.
Another kind of birth injury is nerve damage. This includes injuries to the brachial plexus, which are nerves that run from the upper spine to the neck, shoulder, and arm. These injuries can lead to an impairment in the arms, hands and fingers. These injuries can also lead to Erb's palsy. These injuries are often 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 deliver the child. dallas birth injury attorney , nurse or midwife could fail to manage this situation, causing injury to the brachial plexus.
Other injuries can include a deficiency in blood flow to the foetus, inadequate oxygenation during birth and labor, improper intubation, airway obstructions, high bilirubin levels and fetal stress. Fetal distress can be identified through a simple test known as the Apgar score. The test evaluates the newborn's skin color, breathing, muscle tone and heart rate after birth.
Some birth injuries need immediate medical attention while others might not be discovered until months or years after the baby's birth. Injuries such as skull fractures or subgaleal hemorrhages are obvious, however many other birth injuries remain undiagnosed. Brain imaging can reveal issues such as cerebral palsy or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Medical negligence or malpractice is the cause of many birth injuries. These lawsuits claim that a doctor or nurse, midwife, or other healthcare provider failed in their duty of care to the mother and child through their actions or inaction.
A lawyer can aid parents in building a strong case by analyzing the medical records of a patient and retaining experts to testify. Medical professionals can offer testimony to show how the actions of a healthcare professional or lack thereof, harmed the patient.
Often, these medical experts will testify that the doctor or other healthcare provider's actions fell below a standard of care for their field of expertise. They also offer their opinion on injuries that medical professionals should have been able prevent. The attorney will then use this information to negotiate with the doctor or hospital to reach a settlement.
In many cases the hospital or doctor will settle prior to the trial. They want to avoid negative publicity and may be willing to settle to safeguard their reputations. If the hospital or doctors refuse to settle, an attorney could bring 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 become defendants. Lawyers will begin the process of discovery that involves sharing all the information that support the case. They will also take depositions which are sworn declarations.
The attorneys will argue the defendants acted negligently by failing to adhere a standard of care within their field and that their negligence led to the injury of the child. They will ask for compensation for injuries-related expenses including medical bills, lost wages and other expenses. A judge or jury could award additional damages, including non-economic losses like pain and suffering. In some cases juries and judges may also award punitive damage, that is intended to penalize defendants for their extreme negligence or inattention.
A Denver birth injury lawyer in Denver can help parents understand and assert their rights, and fight for fair settlement that covers medical costs, therapy fees and other related costs to an injury. They can help families assess their losses to the fullest extent and make a claim against negligent healthcare providers.
Statute of limitations
Victims can sue if a medical professional fails in their obligation to provide an infant, or mother, with the standard of care established during pregnancy, labour, and delivery. Injuries have life-altering effects. A birth injury lawyer can help families to build an effective case to seek compensation for medical expenses, lost wages (if parents have to leave work to care for their child) and other damages.
A birth injury lawyer is crucial to contact as quickly as is possible in the event of a medical mistake during the delivery process. The law of the state stipulates deadlines that victims must meet. An experienced lawyer can assist clients understand the timelines for filing a claim, and can also effectively argue for extensions when needed.
Once a lawyer takes on a case, they are able to begin constructing a strong argument to justify the claim for damages by gathering the needed evidence. This could include medical documents of the mother and child, as well as the testimony of experts. Experts are able to explain to the court the standards of care in this type of scenario and explain how the medical provider's actions were not in line with the norm.
Based on the severity of the victim's injuries, a lawyer can also advocate for compensation damages. This could include non-economic and economic damages, like pain and suffering, emotional distress, disability, loss of enjoyment of life, and many more. In some instances lawyers can seek punitive damages to penalize the defendant as well as serve as a warning to others.
Birth injury victims usually have multiple claims, including against nurses, doctors, and midwives. A birth injury law firm can conduct an investigation to determine who is accountable for malpractice and who is accountable. They can then seek maximum compensation for the victim and their family. The state laws restrict the amount of damages that can be awarded in a medical negligence lawsuit, however, it is possible to include all personal and financial damages resulting from.
Compensation
Birth injuries can range from minor abrasions such as broken bones to more serious injuries that impact the child's health over the long run. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant experiences oxygen deprivation, this stops their brain and other vital organs from getting the nutrients they need to function properly. There are a variety of factors that can lead to the loss of oxygen during labor and birth which includes a lengthy or complicated pregnancy and the use of vacuum during the birth process.
A Denver birth injury lawyer can help victims and their families file a lawsuit against the responsible parties for the damages that result from the injury, including medical bills, lost wages and suffering and pain. A lawsuit could also cover the cost of any equipment or therapy programs that are required for the child's treatment.
It is crucial to engage an attorney who is local to your area because it will reduce the amount of time needed to be spent driving between meetings as well as court dates and other legal procedures. A local law firm will also be more familiar with the medical professionals and hospitals that were involved in the birth of your child. They are more likely to be aware of any previous problems or issues with negligence or malpractice.
Medical malpractice claims can be extremely difficult and expensive, and many insurance companies attempt to avoid responsibility by blaming the victim the incident. A birth injury lawyer who has experience investigating cases can determine what transpired, who was responsible, and the worth of the injury.
A lawyer can also take on the task of preparing the case, which can be lengthy and requires expert testimony from doctors and other qualified professionals. A lawyer will also ensure that the statute of limitations has been met and that the proper medical records are gathered prior to filing an action.
The sooner you speak to the Denver birth injury lawyer the faster. The attorney will begin to work on investigating your claim and gathering the evidence needed to present a compelling claim for compensation. Medical records as well as expert witness testimony and other documentation is essential to prove that the injury the child suffered was the result of the negligence of a doctor. To learn more about the worth of your case, book a an appointment with an experienced Colorado birth injuries lawyer.