A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child should be a joyful time. However, medical mistakes made during labor and delivery can cause serious birth injuries. These injuries can have lasting effects and be costly for families.
A Denver birth injury attorney can assist parents in obtaining compensation for their child's lifetime requirements for care. A claim can be made anytime prior to the minor's 8th birthday.
Causes of birth injuries
Medical malpractice occurs when a physician or health professional deviates from the accepted medical guidelines and causes injury or death. Medical negligence during childbirth, which may result in astronomical medical expenses and loss of income, as well as the inability to meet the basic needs of your child, is one of the most preventable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to ensure your child's right to compensation.
Anoxia is one of the most frequent birth injuries. This type of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also trigger developmental delays, impulsive behavior and learning difficulties.
Another form of birth injury involves nerve damage. This includes injuries to the brachial nerve which are nerves that run from the upper spine to the shoulder, neck, and arm. These injuries can result in an impairment in the arms, hands, and fingers. 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 gets stuck in the birth canal, and force is used to help deliver the baby. This can result from nurses, doctors or midwife who is not handling the situation and injuring the brachialplexus.
Other injuries include a lack of blood flow to the fetus, low oxygen levels during labor and birth and intubation that is not properly done or an obstruction of the airway, elevated levels of bilirubin and distress of the fetus. Fetal distress is usually detected by a quick test called the Apgar score, which measures a newborn's breath, muscle tone as well as heart rate and skin color after childbirth.
Some birth injuries require immediate medical attention, whereas others may not be detected until months or even years after the baby is born. A lot of birth injuries are not identified, for instance, subgaleal haemorrhages and skull fractures. new port richey birth injury attorney can reveal issues such as cerebral palsy or hypoxic-ischemic encephalopathy.
Medical Malpractice
Many birth injuries are the result of medical malpractice or negligence. These lawsuits assert that the doctor, nurse or midwife or any other healthcare provider violated their duty to look after the mother and child through their actions or inability to act.
A lawyer can aid parents in constructing a strong case by reviewing the medical records of the patient and obtaining experts to testify. Medical professionals can provide testimony that shows the way in which a healthcare professional's actions or inactions harmed the patient.
Often, these medical experts will testify that the doctor or other healthcare provider's actions were below a standard of care for their field of expertise. They will also give their opinions on injuries that a healthcare professional could have prevented. The attorney will then utilize this information to negotiate with the hospital or doctor to settle the matter.
In many cases the hospital or doctor will settle the matter prior to a trial. They are trying to avoid negative publicity, and may be willing to settle to protect their reputations. If the hospital or doctors refuse to settle, an attorney could make a claim for medical negligence in the court.
If the lawsuit is filed, the parents will become the plaintiffs, while nurses, doctors and other medical professionals become defendants. Lawyers will begin the discovery process. This involves sharing all the evidence that supports the case. They also will take depositions which are sworn declarations.
The lawyers will argue that the defendants acted negligently by not adhering to a standard of care in their work and that this negligence led to the injury of the child. They will seek compensation for the injuries-related losses that include medical bills, lost earnings and other expenses. A judge or jury can award additional damages including non-economic loss, such as suffering and pain. In certain cases of adversity, juries or judges may also award punitive damages that are designed to penalize the defendants for their recklessness or disregard.
A Denver birth injury lawyer can assist parents in understanding and asserting their rights, and fight for fair compensation that covers medical costs therapy fees, as well as other injury-related costs. They can help families determine the true 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 standard of medical attention during labor, and delivery, and the injuries lead to life-altering consequences the victims may file an action. A birth injury lawyer can assist families file a successful claim to get compensation for medical expenses as well as lost wages (if the parent has to take time off work to take care of the child) and much more.
A birth injury lawyer is essential to contact as quickly as is possible after a medical error is suspected during the delivery process. State law stipulates deadlines that victims must meet. A skilled lawyer can help clients understand the timelines to file a claim and also effectively argue for extensions if required.
A lawyer can begin to build an effective case for damages after they have decided to take on the case. They will collect the necessary evidence. This can include medical records of the mother as well as the child, as well as the testimony of experts. These experts can provide an explanation of the standards of care that apply in this type of situation, as well as explain how the medical professional's actions differed from the norm.
Depending on the severity of a victim's injuries, a lawyer may also be able to argue for compensation damages. These damages could include economic and non-economic damages including emotional distress, disability, and loss of enjoyment of the life. In certain instances, the lawyer can even demand punitive damages to penalize the defendant and act as a deterrent for others.
Birth injury victims usually have multiple claims, such as against nurses, doctors and midwives. A birth injury law firm can conduct an investigation to determine who is accountable for malpractice and who should face liability. They can then pursue maximum compensation for the victim and their family. The laws of the state limit the total amount of damages that can be awarded in a medical malpractice lawsuit, but it could include all financial and personal losses as a result.
Compensation
Birth injuries can range from minor abrasions such as broken bones to more serious injuries that impact the child's health in the long-term. Some of the most severe medical birth injuries are cerebral palsy as well as hypoxic ischemic cerebrovascular disease (HIE). When a baby suffers from oxygen deprivation, it blocks their brain and other vital organs from getting the nutrients they need to function properly. There are a variety of factors that can lead to the loss of oxygen during labor and birth which includes a lengthy or complicated pregnancy as well as the use of a vacuum during a difficult birth.
A Denver birth injury lawyer can help victims and their families file a lawsuit against the responsible parties for the damages incurred, such as medical expenses, lost wages, and suffering and pain. A claim could also be able to pay for any special equipment or therapy program that is required for the child's treatment.
Finding 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 professionals 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 complicated and costly, and many insurance companies attempt to avoid responsibility by blaming the victim for the incident. A birth injury lawyer with expertise in investigating cases can identify what transpired, who was responsible, and the worth of the injury.
A lawyer can also take on the burden of preparing the case which is often lengthy and requires expert testimony from doctors and other trained experts. Lastly, a lawyer will ensure that the statute of limitations has been met and that the proper medical records are obtained prior to filing a lawsuit.
The sooner you contact an attorney in Denver, the better. The lawyer can begin to work on investigating your claim and gathering the evidence required to build a strong claim for compensation. The medical documents as well as expert witness statements and other documentation are essential to prove that your child's injury was caused by an medical professional's negligence. Contact an experienced Colorado birth injury lawyer today to determine how much your case is worth.