A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful event. Mistakes in medical care during delivery and labor can lead to serious birth injuries. These injuries can have long-lasting effects and be costly for families.
A Denver birth injury lawyer can help parents get compensation for the lifetime care of their child. The claim can be filed anytime prior to the child's 8th birthday.
Causes of Birth Injury
Medical malpractice is when doctors or other health professionals deviate from accepted medical practices and cause injury or even death. Medical negligence during childbirth, which can result in astronomical medical expenses, lost income and the inability to provide for your child's basic needs, is one of the most avoidable birth injuries. A skilled Denver birth injury attorney like Laura Brown can help you fight for your child's rights to compensation.
Anoxia is one of the most common birth injuries. This type of birth trauma can cause irreparable brain damage and impact a child's mental and physical functioning. It can also cause delay in development, impulsive behavior and learning difficulties.
Another type of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus which extend from the spine to the arm, shoulder and neck. These injuries can result in a loss of function in the arms, hands, and fingers. They may also cause a condition called Erb's palsy. These injuries are often caused by a condition that occurs during delivery called shoulder dystocia, in which the baby is stuck in the birth canal and forces are used to bring the baby out. A nurse, doctor or midwife may mismanage this situation, causing injury to the brachial plexus.
Other injuries can include a lack of blood flow to the fetus, poor oxygenation during labor and delivery and intubation that is not properly done or an airway obstruction, elevated levels of bilirubin and distress of the fetus. Fetal distress is usually detected by a quick test known as the Apgar score, which measures a newborn's breathing, muscle tone heart rate, breathing, and the color of the skin after birth.
Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby is born. The injuries like subgaleal hemorrhages and skull fractures are immediately obvious, but many other birth injuries remain undiagnosed. Brain imaging can identify conditions like cerebral palsy or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Many birth injuries are the result of negligence or medical malpractice. These lawsuits claim that doctors, nurses, midwife or other healthcare provider breached their obligation to take care of the mother and child through their actions or failure to act.
A lawyer can help parents to build a convincing case against a healthcare professional through reviewing the patient's medical records and obtaining experts to testify. birth injury attorneys in california can provide testimony to show how the actions of a healthcare professional or inactions, hurt the patient.
These medical experts often declare that a doctor's or other healthcare professional's actions were short of the standards of care in their field. They will also give their opinions on injuries that the healthcare professional could have prevented. The attorney will then utilize this information to negotiate with the hospital or doctor to reach a settlement.
In many cases the hospital or doctor will settle the matter prior to the trial. They may agree to settle to protect their reputation and avoid negative publicity. If the doctors or hospital refuse to settle, an attorney can bring a medical negligence lawsuit in the court.
If a lawsuit is filed, the parents will become the plaintiffs, while nurses, doctors and other medical professionals become defendants. Lawyers will start the discovery process that involves sharing all the evidence that support the case. They will also take depositions or sworn statements.
The attorneys will argue that the defendants committed malpractice by failing to adhere to the standard of care that they must adhere to in their work and that the negligence caused the child's injury. They will request compensation for the losses resulting from the injury that include medical bills, lost earnings and other expenses. A judge or jury may decide to award additional damages, which could include non-economic losses like pain and suffering. In some cases, juries and judges can also award punitive damages, that is intended to penalize defendants for their utter negligence or omission.
A seasoned Denver birth injury attorney can assist parents in understanding their rights and fight for fair settlement to cover medical expenses, therapy expenses and other related expenses. They can help families assess the total worth of their losses and pursue a medical malpractice lawsuit against negligent healthcare providers.
Statute of limitations
Victims may sue if a medical professional fails in their duty to provide an infant, or mother, with the care during labour, pregnancy and delivery. The injuries can have life-altering consequences. A birth injury lawyer can assist families build a strong claim to obtain compensation for medical expenses as well as lost wages (if the parent has to leave to care for the child) and more.
Since state law establishes deadlines for when a victim can file claims, it is important to contact an attorney for birth injuries as soon as possible after an alleged medical error that occurred during the birth process. An experienced lawyer will assist clients in understanding the timeframe to make a claim, and also successfully argue for extensions if required.
A lawyer can start building an effective case for damages after they have decided to take on the case. They will collect the evidence needed. This can include medical records of the mother as well as the child, as well the testimony of experts. Experts are able to explain to the court the standards of care in this kind of scenario and explain how the actions of the medical professional were not in line with the norm.
Depending on the severity of the victim's injuries, a lawyer can also argue for compensatory damages. This could include non-economic as well as economic damages, such as suffering and pain, emotional distress as well as loss of enjoyment life, and many more. In certain cases the lawyer may seek punitive damages to punish the defendant and serve as a deterrent for other people.
Birth injury victims typically have multiple claims against different defendants, such as doctors, nurses, midwives and other medical professionals. The lawyers of a birth injury firm can conduct an exhaustive investigation to determine which defendants are responsible for the malpractice and who should be held liable. They can then seek 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 negligence lawsuit, but it can include all personal and financial loss resulting from.
Compensation
Birth injuries can vary from minor injuries such as broken bones to more serious injuries that impact a child's health. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. If a child is deficient in oxygen their brain and other vital tissues are not able to receive the nutrients required to function properly. The lack of oxygen can be caused by a variety of factors during labor and birth. These include a long or complex pregnancy, as well as the use of a vacuum during a difficult birth.
A Denver birth injury attorney can help families and victims file a lawsuit to get compensation for damages, including medical expenses, lost wages and suffering. A claim could also assist in the payment of equipment and therapy programs that might be necessary for the child's care.
Hiring a local attorney for birth injuries is crucial since it will help you save time travelling to and from 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 prior problems or issues with negligence or malpractice.
Medical malpractice claims can be complicated and costly insurance companies frequently attempt to minimize liability by blaming victims for the accidents. An experienced lawyer for birth injuries will investigate the case and determine what happened and who was at fault, and how much the damage is worth.
A lawyer will also be able to handle the preparation of the case. This is a very lengthy process that requires the testimony of doctors and other professionals. A lawyer will also ensure that the statutes of limitation are adhered to and that all medical records are collected prior to filing a lawsuit.
The sooner you contact an attorney in Denver, the better. The attorney can get to work in investigating your claim and gathering the evidence to establish a convincing claim for compensation. Medical records and expert witness testimony and other evidence is necessary to prove that the harm your child sustained was caused by a doctor's negligence. Consult an experienced Colorado birth injury lawyer today to determine the amount your case is worth.