A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful event. Medical mistakes during delivery and labor can cause serious birth injuries. These injuries can have lifelong consequences and significant financial cost for families.
A Denver birth injury lawyer can help parents recover compensation for their child's lifetime requirements for care. An action is possible at any time prior to the minor's eighth birthday.
Causes of Birth Injury
Medical malpractice occurs when doctors or other health professionals deviate from the accepted medical guidelines, causing injury or death. Medical negligence during childbirth, which may cause astronomical medical costs as well as the loss of income and inability to provide for your child's basic needs is among the most avoidable birth injuries. A seasoned Denver birth injury lawyer like Laura Brown can help you fight for your child's right to compensation.
Anoxia is one of the most common birth injuries. This kind of birth injury can result in irreparable brain damage and affect the child's physical, mental and emotional performance. It can also trigger delay in development, impulsive behavior, and learning difficulties.
Another kind of birth injury is nerve damage. This can include nerve injuries in the brachialplexus which extend from the spine to the shoulder, arm and neck. These injuries can lead to an impairment in the fingers, hands, and arms. These injuries may also lead to Erb's Palsy. These injuries are typically caused by a problem that occurs during delivery called shoulder dystocia, where the baby gets stuck in the birth canal and forces are used to bring the baby out. This could be due to 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 labor and birth, improper intubation, airway obstructions, elevated bilirubin, 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 as well as breathing, muscle tone, and heart rate after birth.
Some birth injuries require immediate medical attention, whereas others aren't apparent until months or even years after the baby's birth. For example, subgaleal hemorrhages or skull fractures are immediately obvious, but many other birth injuries go undiagnosed. For instance brain imaging can show the presence of certain conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.
Medical Malpractice
Medical malpractice or negligence is the reason for many birth injuries. These lawsuits assert that a doctor, nurse, midwife or other healthcare provider violated their obligation to take care of the mother and child by their actions or inability to act.
A lawyer can aid parents in building a strong case by analyzing the medical records of a patient and hiring expert witnesses. nevada birth injury attorney will give testimony that shows how a healthcare provider's actions or inactions hurt the patient.
Often, these medical experts will affirm that the doctor's or healthcare provider's actions fell below the standard of care required for their specialty. They also provide opinions on the injuries that the healthcare provider could have done more to prevent. The attorney will utilize this information to negotiate a settlement with the hospital or doctor.
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 safeguard their reputations. If the doctors or hospital refuse to settle, an attorney can bring a medical negligence lawsuit in court.
When a lawsuit has been filed, the parents become plaintiffs, and the nurses, doctors, and other medical professionals become defendants. Lawyers will start the process of discovery which involves sharing all the information that supports the case. They will also make depositions, or sworn statements.
The lawyers will argue that the defendants committed negligence by not adhering to a certain standard of care in their profession and that their negligence caused injury to the child. They will seek compensation for the injuries-related losses that include medical bills as well as lost earnings and other expenses. A jury or judge may award additional damages, including economic losses, such as suffering and pain. In some egregious cases juries or judges could also award punitive damages which are intended to punish the defendants for their recklessness or disregard.
A seasoned Denver birth injury attorney can assist parents in understanding their rights and fight for fair compensation to cover medical expenses, therapy costs and other injury-related expenses. They can help families determine their full losses and bring a lawsuit against negligent healthcare providers.
Statute of Limitations
Victims can sue in the event that a medical professional is not in their duty to provide a child or mother with the standard of care that is required during labour, pregnancy, and delivery and the injuries have life-altering effects. A birth injury lawyer can assist families build a strong claim to get the cost of medical bills as well as lost wages (if parents have to be absent from work to care for the child), and more.
A birth injury lawyer is crucial to contact as soon as you can after a medical error is suspected during the birth process. The law of the state has deadlines for victims to comply with. A skilled lawyer can help clients understand the timelines to file a claim as well as argue effectively for extensions when needed.
When a lawyer is assigned a case, they can begin to build a convincing argument to justify the claim for damages by gathering the needed evidence. This can include medical records of the mother and child, as well as the testimony of experts. These experts can explain the standards of care that apply in this particular situation, as well as show how the medical professional's actions differed from the norm.
Based on the severity of the victim's injuries, the lawyer can also advocate for compensatory damages. These damages can include both 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 to others.
Birth injury victims usually have multiple claims, including against doctors, nurses and midwives. The lawyers at a firm that handles birth injuries can conduct an exhaustive 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 up to the maximum amount. The amount that can be awarded in a successful medical malpractice lawsuit is limited only by the state laws but they are able to include all the financial and personal losses that occur as a result of the accident.
Compensation
A birth injury can be anything from minor, like broken bones to serious ones that affect a child's long-term health. Some of the most severe medical birth injuries include cerebral palsy and hypoxic Encephalopathy (HIE). When an infant is deprived of oxygen, their brain and other vital tissues are unable get the nutrients they require to function properly. There are a variety of factors that can cause deficiency of oxygen during labor and delivery which includes a lengthy or difficult pregnancy, as well as the use of the vacuum during an uneasy birth.
A Denver birth injury lawyer in Denver can help victims and families file a lawsuit to recover damages, such as medical expenses, lost wages and pain and suffering. A lawsuit could also be able to pay for any specialized equipment or therapy programs necessary for the child's treatment.
It is essential to work with an attorney who is local to your area since it will decrease the amount of time that has to be spent traveling back and forth for meetings as well as court dates and other legal proceedings. Local law firms will also have a better understanding of the medical experts involved in the birth of your child. They are more likely to be aware of any prior issues, malpractice or negligence.
Medical malpractice claims can be complicated and expensive insurance companies frequently try to avoid liability by blaming the victims for injuries. A birth injury lawyer who has expertise in investigating cases can identify what happened, the parties who were at fault, as well as 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 professionals. Lastly, a lawyer will ensure that the statute of limitations has been followed and that all the necessary medical records are obtained prior to filing a lawsuit.
The sooner you contact the Denver birth injury lawyer the faster. The attorney will begin to work in investigating your claim and gathering the evidence required to build a strong case for compensation. The medical documents and expert witness statements and other evidence are crucial to show that your child's injury was the result of the medical professional's negligence. Contact an experienced Colorado birth injury lawyer today to find out how much your case is worth.