A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child should be a joyous occasion. However, medical mistakes during the birth process can result in serious birth injuries. These injuries can have long-lasting effects and be costly for families.
A Denver birth injury attorney can help parents recover the compensation they owe their child for his or her lifetime care needs. A claim can be made at any time prior to the child's 8th birthday.
Birth Injuries: Causes
Medical malpractice occurs when doctors and other health care professionals deviate from the accepted medical guidelines which can result in injury or death. Medical negligence during childbirth, which can cause astronomical medical costs as well as the loss of income and inability to meet the basic needs of your child is among the most avoidable birth injuries. Laura Brown, an experienced Denver birth injury lawyer, can assist you in fighting to protect your child's rights to compensation.
Anoxia is among the most commonly occurring birth injuries. This type of birth trauma can cause irreparable brain damage and impact a child's mental and physical functioning. It can also lead to the development of a child and impulsive behavior as well as learning disabilities.
Another type of birth injury is nerve damage. This can include nerve injuries in the brachialplexus, which run from the spine to the arm, shoulder and neck. These injuries can result in the loss of function in the fingers, hands, and arms. They can also result in the condition known as Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition that occurs when the baby is stuck in the birth canal and force is applied to help deliver the baby. A nurse, doctor, or midwife might not be able to handle this situation, causing injury to the brachial plexus.
Other injuries include a lack blood flow to the foetus inadequate oxygenation during birth, inadequate intubation, airway obstructions high bilirubin levels and stress in the fetus. Fetal distress can be diagnosed by a quick test called the Apgar score. This test assesses a newborn's skin color and breathing, muscle tone and heart rate after birth.
Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby's birth. Many birth injuries aren't diagnosed, such as subgaleal haemorrhages and skull fractures. For instance brain imaging may reveal the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Medical negligence or malpractice is the main cause of birth injuries. These lawsuits claim that doctors, nurses or other healthcare provider breached their duty to look after the mother and child through their actions or inability to act.
A lawyer can assist parents to build a convincing case against a healthcare professional by studying the patient's medical records and obtaining experts to testify. Medical professionals can provide evidence to prove that the actions of a healthcare professional or lack thereof, harmed the patient.
These medical experts often declare that a doctor's or the actions of a healthcare professional fell below the standards of care for their speciality. They also provide their opinions on injuries that medical professionals should have been able to prevent. The attorney will make use of this information to negotiate an agreement with the hospital or doctor.
In discover this or doctor will offer a settlement prior an investigation. They might settle to protect their reputation and avoid negative publicity. If the hospitals or doctors refuse to settle, a lawyer may make a claim for medical malpractice in the court.
When a lawsuit has been filed, the parents are plaintiffs, and nurses, doctors and other medical professionals become defendants. Lawyers will begin the process of discovery. This includes providing all the information that supports the case. They will also take depositions which are sworn statements.
The attorneys will argue that the defendants committed a crime by failing to adhere to the standards of care for their profession and that their negligence led to the child's injuries. They will ask for compensation for the costs incurred due to injuries including medical bills, lost wages and other expenses. A judge or jury may award additional damages, including economic loss, like suffering and pain. In some cases juries or judges can also award punitive damages, that are designed to penalize the defendants for their carelessness or apathy.
A seasoned Denver birth injury attorney can assist parents to understand their rights and advocate for fair compensation to cover medical expenses, therapy expenses and other related expenses. They can help families assess their total losses and bring a lawsuit against negligent healthcare providers.
Statute of limitations
If medical professionals fail to provide an infant or mother with the established standard of medical care during labor, and birth, and the injuries lead to life-altering consequences victims can bring an action. A birth injury lawyer can help families to file a claim to get the cost of medical bills as well as lost wages (if parents have to leave work to take care of the child) and more.
Since state law establishes deadlines for when victims are able to make claims, it is important to contact a birth injury attorney as soon as possible after an alleged medical error that occurred during the delivery process. An experienced lawyer will assist clients in understanding the timeframe to file a claim and also successfully argue for extensions if required.
Once a lawyer takes on a case, they can begin to build a convincing argument to justify the claim for damages by gathering the needed evidence. This could include the medical records of the mother and child as well as the testimony of expert witnesses. These experts can explain to the court the standards of care for this type of situation and show how the actions of the medical professional did not conform to the standard.
Depending on the severity of a victim's injuries, a lawyer may also be able to argue for compensation damages. These damages may include economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment in life. In certain cases the lawyer may seek punitive damages in order to punish the defendant and act as a deterrent for other people.
Birth injury victims usually have multiple claims, such as against nurses, doctors and midwives. The lawyers of a birth injury firm will conduct a thorough investigation to determine who are accountable for the lapses and who should be held liable. The victim and his family members can then be compensated to the maximum. The laws of the state limit the total amount of damages that can be awarded in a medical negligence lawsuit, but it can include all financial and personal loss resulting from.
Compensation
Birth injuries can range from minor injuries such as broken bones to serious injuries that impact the child's health over the long run. Some of the most severe medical birth injuries include cerebral palsy and hypoxic ischemic encephalopathy (HIE). If a child experiences oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they require to function properly. A variety of factors can cause deficiency of oxygen during labor and birth such as a prolonged or complicated pregnancy and the use of the vacuum during an uneasy birth.
A Denver birth injury attorney can help victims and families 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 could be required to provide care for the child.
Hiring a local attorney for birth injuries is essential because it will save you time and effort traveling to and from court dates, and other legal procedures. 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 prior issues or negligence or malpractice.
Medical malpractice claims are complex and costly insurance companies frequently attempt to minimize liability by blaming victims for accidents. An experienced lawyer for birth injuries can look into the situation 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 time-consuming process that requires the testimony of doctors and other professionals. A lawyer will also ensure that the statutes of limitations are observed and that all medical records are collected prior to filing an action.
The earlier you get in touch with an attorney in Denver the earlier you contact an attorney in Denver, the better. The attorney will begin to work investigating your claim and gathering the evidence required to establish a convincing claim for compensation. Medical records and expert witness testimony and other evidence are essential to prove that the injury the child suffered was caused by the negligence of a doctor. To learn more about the worth of your case, set up a an appointment today with an expert Colorado birth injury lawyer.