A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby should be a joyful time. Medical mistakes during delivery and 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 compensation for their child's lifetime care needs. An action can be filed any time prior to a minor's eighth birthday.
Birth Injury Causes
Medical malpractice occurs when doctors or other health professionals stray from accepted medical practices and cause injury or even death. Some birth injuries are preventable and medical negligence during childbirth can lead to astronomical medical bills, lost income, and the inability to meet your child's requirements. An experienced 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 type of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It could also lead to developmental delays, impulsive behavior, and learning disabilities.
Another form of birth injury is nerve damage. This can include nerve injuries in the brachialplexus that extend from the spine to the arm, shoulder and neck. These injuries can lead to an impairment in the fingers, hands and arms. These injuries may also lead to Erb's palsy. These injuries are typically 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 used to bring the baby out. A nurse, doctor, or midwife may mismanage this situation and cause injury to the brachial plexus.
Other injuries include a lack of blood flow to the fetus inadequate oxygenation during labor and delivery, improper intubation or obstruction to the airway, high levels of bilirubin and fetal distress. Fetal distress can be detected by a quick test called the Apgar score. The test evaluates the color of a newborn's skin and 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. For example, skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injuries go undiagnosed. Brain imaging can reveal issues such as cerebral palsy or hypoxic-ischemic encephalopathy.
Medical Malpractice
Many birth injuries result of medical malpractice or negligence. These lawsuits assert that a doctor, nurse or midwife or any other healthcare provider breached their duty to care for the mother and child through their actions or inability to act.
A lawyer can assist parents build a strong case against a healthcare professional by looking over the medical records of the patient and hiring expert witnesses. Medical professionals can provide testimony to show how the actions of a healthcare professional or lack of them, have harmed a patient.
Most often, these experts will testify that the doctor or other healthcare provider's actions are not the standard of care required for their area of expertise. AccidentInjuryLawyers provide their opinions on injuries that medical professionals should have been able to prevent. The attorney will then use this information to bargain with the doctor or hospital to reach a settlement.
In many instances, the doctor or hospital will offer a settlement prior to the trial. They wish to avoid negative publicity and may be willing to settle to ensure their reputations. If the doctors or hospitals refuse to settle, a lawyer may bring a medical malpractice lawsuit in the court.
When a lawsuit has been filed, the parents are plaintiffs, and the doctors, nurses and other medical professionals are defendants. Lawyers begin the discovery process. This includes providing all the information that supports the case. They also will take depositions which are sworn statements.
The attorneys will argue that the defendants committed malpractice by not adhering to a standard of care that they must adhere to in their work and that the negligence caused the child's injury. They will seek compensation for injury-related expenses, such as medical bills or lost wages, among other expenses. A judge or jury may award additional damages, including non-economic losses like pain and suffering. In some cases, juries and judges can also award punitive damage, which is intended to punish defendants for their extreme negligence or disregard.
A seasoned Denver birth injury lawyer can assist parents in understanding their rights and advocate for fair compensation to cover medical costs, therapy expenses and other related expenses. They can assist families in determining the true value of their losses and make a claim for medical malpractice against negligent healthcare providers.
Statute of Limitations
Victims are able to bring a lawsuit when a medical professional fails in their obligation to provide a baby or mother with the care established during labour, pregnancy and delivery and the injuries have life-altering effects. A birth injury lawyer can assist families in building an effective case to seek compensation for medical expenses, lost wages (if the parent needs to take time off to care for their child) as well as other damages.
Since the law in each state sets deadlines for when victims can make a claim, it is critical to contact a birth injury attorney as soon as you can after an alleged medical error that occurred during the birth process. An experienced lawyer will assist clients in understanding the timeframe to make a claim, and also argue effectively for extensions if required.
A lawyer can begin to build a strong case for damages after they have decided to take on the case. They will gather the evidence needed. 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 standards of care that apply in this kind of situation, and explain how the medical professional's actions deviated from the standard.
The lawyer may also seek compensatory damages, depending on the severity of the victim's injuries. These may include non-economic and economic damages, like pain and suffering, emotional distress, disability and loss of enjoyment of life, and so on. In certain cases, the lawyer can even demand punitive damages to punish the defendant and act as a deterrent to others.
Birth injury victims often have multiple claims, which can include against nurses, doctors, and midwives. A birth injury law firm can conduct an investigation to determine who is responsible for the malpractice and who should face liability. They can then seek the maximum compensation for the victim and their family. The state laws restrict the amount of damages that can be granted in a medical malpractice lawsuit, but it can include all personal and financial losses as a result.
Compensation
A birth injury can range from minor injuries like broken bones to serious ones that impact a child's health. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When a baby is deficient in oxygen, their brain and other vital tissues are unable to get the nutrients they require to function effectively. The deficiency in oxygen can be caused by a variety of causes during labor and delivery. These include a long or complex pregnancy, as well as the use a vacuum during a particularly difficult birth.
A Denver birth injury lawyer in Denver can assist victims and their families file a lawsuit against the accountable parties for the damages that result from the injury, including medical bills, lost wages, and suffering and pain. A claim may also pay for any special equipment or therapy program that is required to treat the child.
Finding a local attorney for birth injuries is crucial because it can save you time and effort traveling to and from meetings, court dates, and other legal proceedings. Local law firms will also be more familiar with the medical experts involved in the birth of your child. They are more likely to be aware of any previous issues or negligence or malpractice.
Medical malpractice claims can be extremely complex and expensive, and a lot of insurance companies try to avoid liability by blaming the victim for the accident. A birth injury lawyer who has years of experience in investigating cases can determine what happened, the parties responsible, and the value of the injury.
A lawyer can also handle the burden of preparing the case, which can be extremely time-consuming and requires expert testimony from doctors and other qualified professionals. A lawyer will also make sure that the statutes of limitation are adhered to and that all the necessary medical records are obtained prior to filing an action.
The sooner you speak to an attorney in Denver, the better. The lawyer can begin to work on investigating your claim and gathering the evidence needed to present a compelling claim for compensation. Medical records, expert witness testimony, and other evidence is necessary to prove that the harm your child sustained was the result of a doctor's negligence. Schedule a consultation with an experienced Colorado birth injury lawyer today to determine the amount your case is worth.