A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful event. Birth complications and medical errors during labor can result in serious birth injuries. These injuries can cause lifelong repercussions and significant financial costs for families.
A Denver birth injury attorney can help parents recover the compensation they owe their child for his or her lifetime requirements for care. The claim can be filed at any time prior to the minor's eighth birthday.
The causes of birth injuries
Medical malpractice occurs when a physician or health professional deviates from accepted medical standards and can result in death or injury. Certain birth injuries can be prevented and medical negligence during childbirth can lead to astronomical medical bills, lost income, and the inability to meet 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 frequent birth injuries. This type of birth injury can result in irreparable brain damage and impact the child's mental, physical and emotional functioning. It can also cause the development of a child as well as impulsive behavior and learning disabilities.
Another form of birth injury involves nerve damage. This includes nerve damage in the brachialplexus that connect the spine to the arm, shoulder and neck. These injuries can cause the loss of function in the fingers, hands and arms. These injuries may also lead to Erb's Palsy. These injuries are usually caused by a problem that occurs during the birth process, which is known as shoulder dystocia. in which the baby is stuck in the birth canal and forces are applied in order to get the baby out. A nurse, doctor or midwife may mismanage this situation and injure the brachial plexus.
Other injuries include a lack of blood flow to the fetus inadequate oxygenation during labor and birth as well as airway obstruction, elevated bilirubin levels, and distress in the fetus. Fetal distress can be diagnosed by a simple test called the Apgar score. The test evaluates the newborn's skin color and muscle tone, breathing, and heart rate following birth.
Certain birth injuries require immediate medical attention whereas others might not be discovered until months or even years following the baby's birth. The injuries like subgaleal hemorrhages and skull fractures are easily identifiable, but many other birth injuries remain undiagnosed. For example, brain imaging can reveal the presence of certain conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.
Medical Malpractice
Medical malpractice or negligence is the main cause of birth injuries. These lawsuits assert that a doctor, nurse, midwife or other healthcare provider violated their obligation to take care of the mother and child through their actions or failure to act.
A lawyer can assist parents build a strong case against a healthcare professional by studying the patient's medical records and hiring experts to testify. These medical professionals can provide testimony to show how the actions of a healthcare professional, or lack of them, have harmed the patient.
These experts in medicine often declare that a doctor's or another healthcare provider's actions fell below the standards of care they provide for their particular area. They also provide their opinions on injuries that a healthcare professional could have prevented. The lawyer will make use of this information to negotiate a settlement with the hospital or doctor.
In many cases, 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 hospitals or doctors refuse to settle, a lawyer may make a claim for medical malpractice in court.
If a lawsuit is filed, the parents are plaintiffs, while doctors, nurses, and other medical professionals become defendants. cerebral palsy attorney will begin the discovery process that 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 by failing to adhere to a standard of care for their profession and that the negligence caused the child's injury. They will ask for compensation for injuries-related expenses, such as medical bills or lost wages, among other expenses. A judge or jury may also award additional damages that include economic loss, like suffering and pain. In some egregious cases juries or judges could also award punitive damages which are intended to punish the defendants for their recklessness or disregard.
A Denver birth injury lawyer can assist parents to understand and assert their rights and fight for fair compensation for medical expenses as well as therapy costs and other costs related to injuries. They can help families determine the true value of their losses and pursue a medical malpractice lawsuit against the negligent healthcare providers.
Statute of Limitations
Victims may file a lawsuit when a medical professional fails in their obligation to provide an infant, or mother, with the standard of care during labour, pregnancy and delivery. The injuries cause permanent damage. A birth injury lawyer can help families to file a claim to get compensation for medical bills, lost wages (if a parent must leave work to take care of the child), and more.
Since state law establishes deadlines for when victims are able to file a claim, it is essential to speak with an attorney for birth injuries as soon as possible after an alleged medical error that occurred during the delivery process. An experienced lawyer can assist clients understand the timeline to file a claim as well as argue effectively for extensions if needed.
After a lawyer has taken on the case, they will begin to construct a strong argument to support the claim for damages by gathering the needed evidence. This could include medical documents of the mother and child, as well the testimony of experts. Experts can explain the standards of care that apply in this particular scenario, and show 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 may include non-economic and economic damages, including the cost of suffering and emotional distress, disability, loss of enjoyment of life, and more. In some cases lawyers can demand punitive damages to punish the defendant as well as act as a warning for others.
Birth injuries victims often have multiple claims against different defendants, including doctors nurses, midwives, and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is accountable for the malpractice and who is liable. They can then seek the maximum compensation for the victim and their family. The amount that can be awarded in a successful medical malpractice lawsuit is limited only by the state laws however, they may include all the personal and financial losses that result due to the injury.
Compensation
Birth injuries can range from minor injuries such as broken bones to more serious injuries that affect the child's health over the long run. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. If a child experiences oxygen deprivation, this stops their brain and other vital organs from receiving the nutrients they need to function effectively. The lack of oxygen can be caused by a variety of causes during labor and birth. This can be caused by a long or complex pregnancy, and the use of a vacuum during a particularly difficult birth.
A Denver birth injury lawyer in Denver can assist families and victims make a claim to recover damages, such as medical expenses loss of wages, suffering and pain. A lawsuit could also cover the cost of any special equipment or therapy programs that are required for the child's treatment.
Finding a local attorney for birth injuries is crucial since it will help you save time travelling to and from meetings, court dates and other legal proceedings. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. They are more likely to be aware of any previous problems or issues with malpractice or negligence.
Medical malpractice claims can be extremely difficult and expensive, and many insurance companies try to avoid responsibility by blaming the victim for the accident. An experienced lawyer for birth injuries can investigate the case and determine what occurred which party is responsible and what the injury is worth.
A lawyer is also competent in the preparation of the case. This is a very lengthy process that requires the testimony of doctors and other experts. Lastly, a lawyer will ensure that the statute of limitations is met and that the proper medical records are gathered prior to filing an action.
The earlier you get in touch with a Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney will begin to work on investigating your claim and gathering the evidence to present a compelling claim for compensation. The medical records as well as expert witness statements and other documentation are essential to prove the injury suffered by your child was caused by an medical professional's negligent acts. Consult an experienced Colorado birth injury lawyer today to learn what your case's worth.