A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child should be a joyous occasion. Medical mistakes during delivery and labor can result in serious birth injuries. These injuries can cause long-lasting damage and cost families a lot of money.
A Denver birth injury lawyer in Denver can help parents get compensation for the care and treatment of their child. A claim can be made at any time prior to the child's 8th birthday.
Causes of Birth Injury
Medical malpractice is when doctors or other health professionals deviate from the accepted medical guidelines and cause injury or even death. Some birth injuries are preventable, and medical negligence during childbirth can result in astronomical medical costs, lost income, and the inability to meet your child's needs. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to ensure your child's right to compensation.
There are many kinds of birth injuries, but one of the most common is oxygen deprivation (anoxia). This kind 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 issues.
Another form of birth injury is nerve damage. This includes nerve damage in the brachialplexus that connect the spine to the arm, shoulder and neck. These injuries can result in the loss of function in the hands, fingers, and arms. These injuries may also lead to Erb's Palsy. These injuries are usually caused by a condition that occurs during the birth process, which is known as shoulder dystocia. where the baby gets stuck in the birth canal and forces are applied in order to deliver the child. A doctor, nurse or midwife may mismanage this situation and cause injury to the brachial plexus.
Other injuries include a deficiency of blood flow to the fetus, poor oxygenation during labor and delivery and intubation that is not properly done or an airway obstruction, elevated bilirubin levels, and distress of the fetus. Fetal distress can be identified by a simple test called the Apgar score. This test measures the color of a newborn's skin and breathing, muscle tone, and heart rate after birth.
Some birth injuries require immediate medical attention, whereas others may not be detected until months or even years after the baby is born. Many birth injuries are not recognized, such as subgaleal hemorrhages or skull fractures. For example brain imaging may reveal the presence of certain 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 claim that the doctor, nurse or other healthcare provider violated their duty to look after the mother and child by their actions or inability to act.
A lawyer can assist parents build a strong case against a healthcare professional by reviewing the patient's medical records and hiring expert witnesses. Medical professionals can provide evidence to show how a healthcare provider's actions or inactions harmed the patient.
In most cases, these medical experts will confirm that the doctor or other healthcare provider's actions were below the standard of care required for their field of expertise. They will also offer opinions on the harms that a healthcare provider could have done more to prevent. The lawyer will then use this information to negotiate with the doctor or hospital for a settlement.
In many instances doctors or hospitals will offer a settlement prior to an investigation. They may agree to settle to safeguard their reputation and avoid negative publicity. If hospitals or doctors refuse to accept a settlement, a lawyer could bring a medical malpractice lawsuit in court.
If a lawsuit has been filed, the parents become plaintiffs, while nurses, doctors, and other medical professionals become defendants. Lawyers will begin the discovery process which involves sharing all the information that support the case. They also will take sworn statements, or depositions.
san jose birth injury attorney will argue that the defendants committed malpractice by failing to adhere to the standards of care in their field and that their negligence resulted in the child's injuries. They will seek compensation for the injury-related losses that include medical bills, lost earnings and other expenses. A judge or jury may award additional damages including non-economic losses, like suffering and pain. In certain cases, juries and judges can also award punitive damages which is meant to punish defendants for their recklessness or omission.
A Denver birth injury lawyer in Denver can assist parents to understand and assert their rights and fight for fair compensation that covers medical costs as well as therapy costs and other costs related to injuries. They can help families assess their full losses and bring a lawsuit against negligent healthcare providers.
Statute of limitations
If medical professionals fail to provide an infant or mother with the standard of medical care during labor, and delivery, and the injuries result in life-altering consequences the victims may file an action. A birth injury lawyer can help families to build a strong case to recover compensation for medical expenses as well as lost wages (if the parent has to leave work to care for their child) and other damages.
Since the law in each state sets deadlines for when victims are able to make claims, it is essential to speak with an attorney for birth injuries immediately following a suspected medical error during the birth process. A skilled lawyer can help clients understand the timelines to file a claim and can also argue effectively for extensions, if necessary.
A lawyer can start building a strong case for damages after they have decided to take on the case. They will gather the evidence needed. This could include medical records of the mother as well as the child, along with the testimony of experts. These experts can explain to the court the standards of care in this kind of situation and show how the medical provider's actions were not in line with the standard of care.
The lawyer can also pursue compensation for damages, based on the extent of the injury. These damages can include both economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment of the life. In some cases the lawyer may seek punitive damages in order to punish the defendant and serve as a deterrent to others.
Victims of birth injuries often have multiple claims against various defendants, including doctors midwives, nurses and other medical professionals. The lawyers at a birth injury firm can conduct a thorough investigation to determine who are responsible for the malpractice and who should be held liable. The victim and his family will then be compensated to the maximum amount. The laws of the state restrict the amount of damages that can be awarded in a medical negligence lawsuit, but it could include all personal and financial loss resulting from.
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 and hypoxic ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant is deprived of oxygen their brain and other vital tissues are unable to receive the nutrients needed to function effectively. Many factors can cause deficiency of oxygen during labor and delivery such as a prolonged or difficult pregnancy, as well as the use of a vacuum during an uneasy birth.
A Denver birth injury attorney can assist families and victims file a lawsuit to recover damages, such as medical expenses as well as lost wages, pain and suffering. A claim can also assist in the payment of equipment and therapy programs that may be required for the care of the child.
Hiring a local attorney for birth injuries is important because it will save you time travelling to and from meetings, court dates and other legal proceedings. Local law firms will also have a better understanding of the medical experts involved in the birth of your child. They will be more likely to know if they have had prior issues or a previous history of negligence or malpractice.
Medical malpractice claims can be extremely complicated and expensive, and a lot of insurance companies try to avoid responsibility by blaming the victim for the accident. A skilled birth injury lawyer will investigate the case and determine what occurred and who was at fault, and how much the damage is worth.
A lawyer will also be capable of handling the preparation of the case. This is a very lengthy process that requires the testimony of doctors and other experts. A lawyer will also make sure that the statutes of limitations are observed and that all the necessary medical records are collected prior to filing lawsuits.
The sooner you speak to the Denver birth injury attorney, the better. The attorney can get to work in investigating your claim and gathering the evidence required to establish a convincing case for compensation. The medical documents as well as expert witness statements and other evidence are crucial to show that your child's injuries were caused by an medical professional's negligence. To find out the value of your case, book a a consultation today with an expert Colorado birth injuries lawyer.