A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby should be a joyful time. However, medical errors during the birth process can cause serious birth injuries. These injuries can have long-lasting effects and can be costly for families.
A Denver birth injury attorney can assist parents in obtaining the compensation they owe their child for his or her lifetime care needs. An action is possible at any time prior to the minor's eighth birthday.
The causes of birth injuries
Medical malpractice occurs when a doctor or health professional deviates from accepted medical standards and causes injury or death. Some birth injuries are preventable, and medical negligence during childbirth could result in astronomical medical costs as well as lost income and the inability to meet your child's requirements. An experienced Denver birth injury attorney like 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 can cause irreparable brain damage that can affect the child's physical, mental and emotional performance. It can also cause developmental delays, impulsive behavior, and learning difficulties.
Another type of birth injury involves nerve damage. This includes injuries to nerves in the brachialplexus which connect the spine to the arm, shoulder and neck. These injuries can cause the loss of function in the fingers, hands, and arms. These injuries may also lead to Erb's palsy. These injuries are often caused by a problem during the birth process known as shoulder dystocia, where the baby becomes stuck in the birth canal and forces are used to deliver the child. This can result from a doctor, nurse or midwife not properly handling the situation and causing injuries to the brachialplexus.
Other injuries include a lack blood flow to the foetus inadequate oxygenation during birth, inadequate intubation, airway obstructions high bilirubin levels and fetal stress. Fetal distress can be detected by a quick test called the Apgar score. This test assesses the color of a newborn's skin and breathing, muscle tone, and heart rate after birth.
Certain birth injuries require immediate medical attention, while other injuries may not be detected for months or even years after the baby's birth. Many birth injuries aren't recognized, such as subgaleal hemorrhages or skull fractures. For instance, brain imaging can reveal the presence of conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Many birth injuries are the result of medical malpractice or negligence. These lawsuits assert that a doctor or nurse, midwife, or other healthcare provider breached their obligation to care for the mother and child by their actions or inaction.
A lawyer can help parents in constructing a strong case by analyzing the medical records of the patient and hiring expert witnesses. These medical professionals will provide evidence that demonstrates how the actions of a healthcare professional or lack of action harmed the patient.
In most cases, these medical experts will confirm that the doctor's or healthcare provider's actions are not the standards of care that are required in their specialty. They will also give their opinions on injuries a healthcare professional should have been able to prevent. The lawyer will then use this information to negotiate with the doctor or hospital for a settlement.
In many cases, the hospital or doctor will settle before an investigation. They are trying to avoid negative publicity and may accept a settlement to ensure their reputations. If the hospital or doctor refuse to accept a settlement, an attorney may make a claim for medical negligence in court.
If a lawsuit is filed, parents will be the plaintiffs, and the doctors, nurses and other medical professionals become defendants. Lawyers will start the process of discovery, which involves sharing all the evidence that can support the case. They will also make sworn statements, or depositions.
The lawyers will argue that the defendants acted in a negligent manner in not adhering to the standard of care in their field and that their negligence led to the child's injury. They will request compensation for the losses resulting from the injury, which include medical bills loss of earnings, as well as other expenses. A jury or judge can also award additional damages that include non-economic losses, like suffering and pain. In certain cases of adversity juries or judges could also award punitive damages that are designed to penalize the defendants for their recklessness or disregard.
A Denver birth injury lawyer in Denver can assist parents in understanding and asserting their rights and fight for fair compensation that covers medical costs therapy fees, as well as other costs related to injuries. They can help families determine the full value of their losses, and file a medical malpractice lawsuit against negligent healthcare providers.
Statute of limitations
If medical professionals fail to provide a baby or mother with the established standards of care during pregnancy, labor and delivery, and the injuries lead to life-altering consequences the victims may pursue an action. A birth injury lawyer can assist families build a strong claim to get the cost of medical bills and lost wages (if parents have to be absent from work to take care of the child) and more.
Since the law in each state sets deadlines for when victims are able to file a claim, it is essential to speak with a birth injury attorney as soon as possible after the occurrence of a medical error in the birth process. An experienced lawyer can help clients understand the timelines for filing a claim and can also effectively argue for extensions when needed.
When a lawyer is assigned a case, they are able to begin to construct a strong 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. Experts can explain the standards of care that apply in this type of situation, as well as demonstrate how the medical provider's actions were different from the norm.
Based on the severity of the victim's injuries, the lawyer may also be able to argue for compensatory damages. These damages may include economic and non-economic damages, including emotional distress, disability and loss of enjoyment of life. In certain instances the lawyer may demand punitive damages to penalize the defendant and act as a deterrent for other people.
Birth injury victims typically have multiple claims against different defendants, such as doctors, midwives, nurses and other medical professionals. A birth injury law firm can conduct an investigation to determine who is responsible for negligence and who is accountable. They can then pursue maximum compensation for the victim and their family. The total amount of damages granted in a successful medical malpractice lawsuit is limited only by the state laws however, they may include all the personal and financial losses that have occurred as a result of the injury.
Compensation
Birth injuries can range from minor traumas such as broken bones to serious injuries that affect the child's health in the long run. birth injury attorneys brooklyn of the most severe medical birth injuries include cerebral palsy and hypoxic ischemic Encephalopathy (HIE). When an infant experiences oxygen deprivation, this stops their brain and other vital organs from receiving the nutrients they require to function properly. Oxygen deprivation can be caused by a range of causes during labor and delivery. This includes a prolonged or complicated pregnancy, as well as the use of a vacuum during a particularly difficult birth.
A Denver birth injury attorney can help victims and families file a lawsuit to get compensation for damages, including medical expenses, lost wages and suffering. A claim could also be used to pay for the cost of equipment and therapy programs that could be required for the care of the child.
It's important to hire an attorney who is local to your area since it will decrease the amount of time that has to be spent traveling between appointments with court dates, 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, negligence or malpractice.
Medical malpractice claims can be complicated and expensive insurance companies frequently try to avoid liability by blaming victims for accidents. A skilled birth injury lawyer can investigate the case and determine what transpired and who was at fault, and how much the damage is worth.
A lawyer can also take on the task of preparing the case, which is often very time-consuming and requires expert testimony from doctors and other 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 a lawsuit.
The earlier you get in touch with a Denver birth injury attorney the faster. The attorney can get to work in investigating your claim and gathering the evidence required to build a strong case for compensation. The medical records, expert witness statements, and other documentation are essential to prove the injury suffered by your child was caused by an medical professional's negligence. To learn more about the worth of your case, set up a a consultation today with an experienced Colorado birth injuries lawyer.