A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a child is a joyous event. Medical mistakes during delivery and labor can lead to serious birth injuries. These injuries can have long-lasting repercussions and significant financial costs for families.
A Denver birth injury lawsuit lawyer injury in Denver can assist parents in obtaining compensation for the ongoing care of their child. An action can be filed at any time before a minor’s eighth birthday.
Causes of Birth Injuries
Medical malpractice occurs when a physician or health care professional deviates from accepted medical practices and results in injury or death. Medical negligence during childbirth, which could cause astronomical medical costs as well as the loss of income and inability to meet your child’s basic needs, is one of the most preventable birth injuries. A skilled Denver birth injury lawyer injury near me such as Laura Brown can help you fight for your child’s right to compensation.
Anoxia is among the most frequent birth injuries. This type of birth injury could cause irreparable brain damage that can affect the child’s mental, physical and emotional functioning. It can also cause developmental delays, impulsive behaviors, and learning difficulties.
Another form of birth injury is nerve damage. This includes injuries to the brachial plexus, which are nerves that flow from the upper spine to the neck, shoulder, and arm. These injuries can lead to an impairment in the hands, arms and fingers. They may also cause the condition called Erb’s palsy. These injuries result from shoulder dystocia. This is a condition in which the baby is stuck in the birth canal and force is applied to help deliver the baby. This can be caused by a doctor, nurse or midwife who is not handling the situation and injuring the brachialplexus.
Other injuries include a deficiency of blood flow to the fetus, low oxygen levels during labor and birth and intubation that is not properly done or an airway obstruction, elevated levels of bilirubin and distress in the fetus. Fetal distress can be diagnosed through a simple test known as the Apgar score. This test assesses the newborn’s skin color 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. For example, subgaleal hemorrhages and skull fractures are easily identifiable, but many other birth injuries go undiagnosed. For instance brain imaging may reveal the presence of 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 doctors, nurses, midwife or another healthcare professional violated their obligation to take care of the mother and child by their actions or inability to act.
A lawyer can assist parents to build a convincing case against a healthcare professional through looking over the medical records of the patient and hiring expert witnesses. These medical professionals will provide evidence to show the way in which a healthcare professional’s actions or inactions hurt the patient.
Often, these medical experts will affirm that the doctor or other healthcare provider’s actions fell below the standard of care required for their specialty. They will also offer opinions regarding the injuries medical professionals could have done more to avoid. The attorney will make use of this information to negotiate an agreement with the doctor or hospital.
In many cases, the hospital or doctor will settle the matter prior to a trial. They may settle to safeguard their reputation and avoid negative publicity. If the doctors or hospitals refuse to settle, a lawyer may make a claim for medical malpractice in the court.
When a lawsuit has been filed, the parents become plaintiffs, and doctors, nurses and other medical professionals become defendants. Lawyers begin the discovery process. This involves sharing all the evidence that can support the case. They will also take depositions which are sworn declarations.
The attorneys will argue that the defendants committed negligence by not adhering to a standard of care in their profession, and that this negligence caused injury to the child. They will request compensation for the injury-related losses that include medical bills loss of earnings, as well as other expenses. A jury or judge can also award additional damages that include economic loss, like pain and suffering. In some cases juries or judges could also award punitive damages, which are designed to punish the defendants for their extreme carelessness or inattention.
A Denver birth injury lawyer can assist parents in understanding and asserting their rights, and fight for fair settlement that covers medical costs therapy fees, as well as other costs related to injuries. They can assist families in determining their total losses and make a claim against negligent healthcare providers.
Statute of limitations
If medical professionals fail to provide an infant or mother with the appropriate standard of medical care during labor, and delivery, and the injuries lead to life-altering consequences the victims may pursue a lawsuit. A birth injury attorneys lawyer can assist families build a strong claim to get the cost of medical bills, lost wages (if the parent has to take time off to care for the child) and more.
Since state law establishes deadlines for when victims can file a claim, it is essential to speak with a birth injury attorney as soon as you can after a suspected medical error during the birth process. A skilled lawyer can assist clients in understanding the timeframe to file a claim and can also successfully argue for extensions if required.
After a lawyer has taken on the case, they will begin constructing a strong argument to support the claim for damages by gathering the necessary evidence. This may include the medical records of the mother and child and the testimony of expert witnesses. These experts can explain the standards of care that apply in this type of scenario, and explain how the medical professional’s actions differed from the norm.
The lawyer can also pursue compensatory damages, depending on the extent of the injury. This could include both non-economic and economic damages, such as pain and suffering, disability, emotional distress, loss of enjoyment of life, and many more. In certain cases the lawyer may seek punitive damages in order to punish the defendant and act as a deterrent to others.
Birth injury victims typically have multiple claims, including against doctors, nurses 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 pursue maximum compensation for the victim and their family. The total amount that can be awarded in a successful medical malpractice suit is determined only by the laws of the state however, they may be inclusive of all personal and financial losses that result as a result of the accident.
Compensation
A birth injury can range from minor injuries like broken bones to more serious ones that affect a child’s long-term health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When a baby is deficient in oxygen the brain and other vital tissues are unable receive the nutrients needed to function effectively. The lack of oxygen can be caused by a range of factors during labor and birth. This can be caused by a long or complicated pregnancy, as well as the use of a vacuum during a difficult birth.
A Denver birth injury lawyer can help families and victims file a lawsuit to recover damages, such as medical expenses as well as lost wages, suffering and pain. A claim can also be used to pay for the cost of specialized equipment and therapy programs that might be necessary for the care of the child.
It’s important to hire a local birth injury attorney because it will reduce the amount of time that must be spent traveling back and forth for meetings as well as court dates and other legal proceedings. A local law firm will also be more familiar with the medical experts 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 try to avoid liability by blaming the victim for the accident. A experienced birth injury lawyer can investigate the case and determine what happened which party is responsible and what the injury is worth.
A lawyer is also competent in the preparation of the case. This is a lengthy process that requires the testimony of doctors and other experts. A lawyer will also make sure that the statutes of limitations are adhered to and that all necessary medical records are gathered prior to filing lawsuits.
The sooner you speak to an attorney in Denver, the better. The attorney will investigate your claim and gather the evidence needed to create a strong claim for compensation. Medical documents and expert witness testimony and other documentation is essential to prove that the injury your child suffered was the result of a doctor’s negligence. To find out the value of your case, book a an appointment with an experienced Colorado birth injury lawyer.