A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby is a joyful event. However, medical errors during the labor and delivery process can cause serious birth injuries. These injuries can cause long-lasting damage and can be costly for families.
A Denver birth injury lawyer can help parents receive compensation for the care and treatment of their child. The claim can be filed any time before a minor's eighth birthday.
Causes of Birth Injury
Medical malpractice is when doctors or other health professionals stray from accepted medical practices which can result in injury or death. Medical negligence during childbirth, which may result in massive medical expenses, lost income and the inability to provide for your child's basic needs is among the most avoidable birth injuries. A seasoned Denver birth injury attorney like Laura Brown can help you fight for your child's right to compensation.
There are a variety of birth injuries, but one of the most prevalent is one that causes oxygen deprivation (anoxia). This type of birth injury could cause irreparable brain damage that can affect the child's physical, mental and emotional functioning. It can also lead to delay in development, impulsive behavior, and learning difficulties.
Another form of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus, which extend from the spine to the shoulder, arm and neck. These injuries can cause a loss of functionality in the fingers, hands and arms. They may also cause the condition called Erb's palsy. These injuries are typically caused by a condition that occurs during the birth process, which is known as shoulder dystocia. where the baby gets stuck in the birth canal and forces are applied to try to get the baby out. This can be caused by nurses, doctors, or midwife mishandling the situation, causing injury to the brachialplexus.
Other injuries include a lack of blood flow to the fetus low oxygen levels during labor and delivery, improper intubation or obstruction to the airway, high levels of bilirubin and fetal distress. Fetal distress is often detected through a simple test known as the Apgar score, which assesses the newborn's muscle tone, breath heart rate, breathing, and skin color after childbirth.
Certain birth injuries require immediate medical attention while others may not be detected for months or even years after the baby's birth. Injuries such as skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injuries remain undiagnosed. For example, brain imaging can reveal the presence of certain conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Many birth injuries result of medical malpractice or negligence. These lawsuits assert that a doctor, nurse, midwife or other healthcare provider violated their duty to care for the mother and child through their actions or inability to act.
A lawyer can help parents in constructing a strong case by analyzing the medical records of the patient and obtaining expert witnesses. Medical professionals will give testimony that shows the way in which a healthcare professional's actions or inactions harmed the patient.
These medical experts often declare that a doctor's or the actions of a healthcare professional fell short of the standards of care they provide for their particular area. They also provide opinions on the injuries that the healthcare provider should have been able to prevent. The lawyer will utilize this information to negotiate a settlement with the doctor or hospital.
In many instances, the doctor or hospital will offer a settlement prior to an investigation. They might settle to protect their reputation and avoid negative publicity. If the hospital or doctors refuse to settle, an attorney can make a claim for medical negligence in court.
When a lawsuit has been filed, the parents become plaintiffs, and doctors, nurses and other medical professionals are defendants. Lawyers begin the discovery process. This involves sharing all the information that can support the case. They also will take depositions, or sworn statements.
The attorneys will argue that the defendants were negligent in not adhering to a standard of care in their work and that this negligence caused injury to the child. They will demand compensation for the costs incurred due to injuries like medical bills, lost wages and other expenses. A judge or jury could decide to award additional damages, which could include non-economic losses, like suffering and pain. In some cases juries or judges can also award punitive damages, that are designed to penalize the defendants for their extreme carelessness or disregard.
An experienced Denver birth injury lawyer can assist parents to understand their rights and advocate for fair settlement to cover medical expenses as well as therapy costs and other expenses related to injuries. 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 a baby or mother with the standards of medical attention during labor and birth, and the injuries lead to life-altering consequences, victims can file an action. A birth injury lawyer can assist families build a strong claim to obtain the cost of medical bills and lost wages (if a parent must leave to care for the child) and much more.
A birth injury lawyer is crucial to contact as quickly as is possible in the event of a medical mistake during the delivery process. State law has deadlines that victims must meet. A skilled lawyer can assist clients in understanding the timeframe to file a claim and also argue effectively for extensions, if necessary.
A lawyer can start building an effective case for damages after they have decided to take on the case. They will gather the evidence needed. This could include the mother's and child's medical records as well as the testimony of expert witnesses. Experts are able to explain to the court the standard of care for this type of situation, and also explain why the medical provider's actions did not conform to the standard of care.
Based on the severity of a victim's injuries, the lawyer can also argue for compensation damages. These damages may include economic and non-economic damages including emotional distress, disability and loss of enjoyment in life. In certain cases the lawyer may demand punitive damages to punish the defendant and serve as a deterrent for other people.
Birth injuries victims often have multiple claims against a variety of defendants, including doctors, midwives, nurses, and other medical professionals. The lawyers at a firm that handles birth injuries can conduct an exhaustive investigation to determine which defendants are accountable for the lapses and who is accountable. They can then seek maximum compensation for the victim and their family. The total amount of damages that can be awarded in a successful medical malpractice suit is determined only by the laws of the state but they are able to include all financial and personal losses that have occurred due to the accident.
Compensation
Birth injuries can range from minor traumas like broken bones to serious injuries that affect the child's health over the long run. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When an infant is deprived of oxygen their brain and other vital tissues are unable receive the nutrients required to function effectively. There are a variety of factors that can cause oxygen deprivation during labor and delivery such as a prolonged or complicated pregnancy as well as the use of vacuum during a difficult birth.
A Denver birth injury lawyer in Denver can help families and victims bring a lawsuit against accountable parties for the damages incurred, such as medical bills, lost wages, and suffering and pain. A claim can also assist in the payment of equipment and therapy programs that might be required for the care of the child.
It's important to hire an attorney for birth injuries in your area because it will reduce the amount of time needed to be spent travelling between appointments with court dates, court dates, and other legal procedures. A local law firm will also be more familiar with the medical specialists and hospitals that were involved in the birth of your child. They are more likely to know if they have had previous issues or had a previous history of negligence or malpractice.
birth injury lawsuit settlements can be extremely difficult and costly, and many insurance companies attempt to avoid liability by blaming the victim the incident. An experienced lawyer for birth injuries can investigate the case and determine what transpired, who is at fault, and how much the injury is worth.
A lawyer is also capable of handling the preparation of the case. This is a very time-consuming process that requires the testimony of medical professionals and doctors. A lawyer will also make sure that the statutes of limitations are observed and that all necessary medical records are collected prior to filing lawsuits.
The sooner you contact an attorney in Denver the sooner you can get in touch with an attorney in Denver. The attorney will begin to work in investigating your claim and gathering the evidence needed to present a compelling claim for compensation. Medical documents as well as expert witness testimony and other evidence are essential to prove that the injury your child suffered was the result of a doctor's negligence. To find out the value of your case, book a a consultation today with an expert Colorado birth injury lawyer.