A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a child is a joyful event. Medical mistakes during delivery and labor can lead to serious birth injuries. These injuries can cause lifelong consequences and significant financial cost for families.
A Denver birth injury lawyer in Denver can help parents get compensation for the lifetime care of their child. The claim can be filed at any time prior to a minor's eighth birthday.
The causes of birth injuries
Medical malpractice occurs when doctors or other health professionals deviate from the accepted medical guidelines and cause
injury claims lawyers or even death. Medical negligence during childbirth, which may cause astronomical medical costs as well as the loss of income and inability to meet the basic needs of your child, is one of the most preventable birth injuries. Laura Brown, an experienced Denver birth
injury law firm lawyer can help you fight to ensure your child's right to compensation.
There are many kinds of birth injuries, however one of the most prevalent involves oxygen deprivation (anoxia). This type of birth injury could cause irreparable brain damage and affect the child's mental, physical and emotional performance. It can also cause developmental delays as well as impulsive behavior and learning disabilities.
Another kind of birth injury involves nerve damage. This can include nerve injuries in the brachialplexus, which connect the spine to the shoulder, arm and neck. These injuries can lead to an impairment in the hands, arms and fingers. These injuries may also lead to Erb's Palsy. These injuries result from shoulder dystocia. This is a condition where the baby becomes stuck in the birth canal and force is applied to deliver the baby. This could be due to a doctor, nurse, or midwife mishandling the situation and causing injuries to the brachialplexus.
Other injuries include a lack of blood flow to the foetus, poor oxygenation during birth and labor, improper intubation, airway obstructions, elevated bilirubin, and the stress of a fetus. Fetal distress can be identified by a quick test called the Apgar score. This test assesses the color of a newborn's skin as well as breathing, muscle tone and heart rate following birth.
Some birth injuries require immediate medical attention, while others may not be detected until months or even years after the baby is born. For example, subgaleal hemorrhages and skull fractures are obvious, however many other birth injuries are not recognized. For instance brain imaging can show the presence of conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.
Medical Malpractice
Many birth injuries are the result of medical malpractice or negligence. These lawsuits claim that a doctor, nurse or midwife or any other healthcare provider violated their duty to care for the mother and child through their actions or failure to act.
A lawyer can assist parents in building a strong case by looking over the medical records of the patient and obtaining expert witnesses. Medical professionals can provide evidence to demonstrate how the actions of a healthcare professional, or lack of them, have harmed the patient.
Most often, these experts will affirm that the doctor or other healthcare provider's actions are not the standard of care required for their field of expertise. They can also provide their opinions regarding the injuries the healthcare provider could have done more to prevent. The attorney will then use this information to negotiate with the hospital or doctor for a settlement.
In many instances, the doctor or hospital will offer a settlement prior the trial. They want to avoid negative publicity, and may be willing to settle to ensure their reputations. If the doctors or hospitals refuse to settle, a lawyer can make a claim for medical malpractice in court.
If the lawsuit is filed, the parents will become the plaintiffs and the doctors, nurses and other medical professionals will become defendants. Lawyers will begin the discovery process which involves sharing all information that can support the case. They will also take depositions, or sworn statements.
The attorneys will argue that the defendants committed a crime by failing to adhere to the standard of care in their field and that their negligence resulted in the child's injuries. They will demand compensation for injuries-related expenses, such as medical bills as well as lost wages and other expenses. A judge or jury may award additional damages, including non-economic losses, like pain and suffering. In some egregious cases juries or judges can also award punitive damages, which are intended to punish the defendants for their extreme carelessness or inattention.
A Denver birth
injury lawyers near me 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 assess their full losses and make a claim against negligent healthcare providers.
Statute of Limitations
Victims can sue in the event that a medical professional is not in their duty to provide an infant, or mother, with the care that is required during labour, pregnancy, and delivery. Injuries have life-altering effects. A birth injury lawyer can help families to file a claim to recover compensation for medical expenses and lost wages (if a parent must leave work to take care of the child) and more.
A birth
injury attorney near me lawyer is essential to contact as quickly as is possible in the event of a medical mistake during the birth process. State law stipulates deadlines that victims must meet. An experienced lawyer can assist clients understand the timeframe to file a claim as well as argue effectively for extensions if needed.
When a lawyer is assigned a case, they can begin constructing a strong argument to justify the claim for damages by gathering the needed evidence. This can include medical documents of the mother and child, as well as the testimony of experts. Experts can explain the standard of care in this type of situation, and demonstrate how the medical provider's actions were different from the norm.
The lawyer can also seek compensation damages, based on the severity of the victim's injuries. These damages could include economic and non-economic damages including pain and suffering, emotional distress, disability, and loss of enjoyment in life. In some cases the lawyer may seek punitive damages in order to punish the defendant and act as a deterrent for other people.
Birth injury victims typically 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 liable. They can then pursue maximum compensation for the victim and their family. The amount granted in a successful medical malpractice lawsuit is governed by state laws but they are able to include all personal and financial losses that result as a result of the injury.
Compensation
A birth injury can range from minor injuries like broken bones to more serious injuries that affect a child's long-term health. Some of the most severe medical birth injuries are cerebral palsy and hypoxic ischemic cerebrovascular disease (HIE). When a baby suffers from oxygen deprivation, it prevents their brain and other vital organs from getting the nutrients they require to function properly. Many factors can lead to the loss of oxygen during labor and birth, including a long or complicated pregnancy and the use of vacuum during a difficult birth.
A Denver birth injury lawyer in Denver can help families and victims bring a lawsuit against responsible parties for the damages that result from the injury, including medical expenses, lost wages, and suffering and pain. A claim could also cover the cost of any specialized equipment or therapy program that is required for the child's treatment.
It is essential to work with an attorney who is local to your area as it will cut down on the amount of time that has to be spent traveling between appointments as well as 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 prior issues or negligence or malpractice.
Medical malpractice claims can be extremely complex and costly, and many insurance companies try to avoid responsibility by blaming the victim for the incident. A experienced birth
injury lawyers lawyer will investigate the case and determine what occurred, who is at fault and what the damage is worth.
A lawyer can also handle the task of preparing the case which is often extremely time-consuming and requires expert testimony from doctors and other trained professionals. A lawyer will also ensure that the statutes of limitations are met and that all necessary medical records are obtained prior to filing an action.
The sooner you contact an attorney in Denver, the better. The lawyer will investigate your claim and gather the evidence needed to build a strong claim for compensation. Medical records, expert witness testimony, and other evidence are essential to prove that the harm your child suffered was caused by a doctor's negligence. To find out the value of your case, book a a consultation today with an expert Colorado birth injury lawyer.