A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a baby is a joyful experience. Medical mistakes during delivery and labor can lead to serious birth injuries. These injuries can have lifelong consequences and a significant financial burden for families.
A Denver birth injury lawyer can assist parents in obtaining the compensation they owe their child for his or her lifetime medical needs. A claim can be made anytime prior to the child's 8th birthday.
Birth Injuries: Causes
Medical malpractice occurs when doctors and other health professionals stray from the accepted medical guidelines, causing injury or death. Medical negligence during childbirth, which can cause astronomical medical costs, lost income and the inability to meet the basic needs of your child, is one of the most avoidable birth injuries. Laura Brown, an experienced Denver birth injury lawyer, can help you fight to protect your child's rights to compensation.
Anoxia is one of the most frequent birth injuries. This kind of birth injury could cause irreparable brain damage and affect the child's mental, physical and emotional functioning. It could also lead to developmental delays as well as impulsive behavior and learning disabilities.
Another form of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus which connect the spine to the shoulder, arm and neck. These injuries can cause the loss of function in the hands, arms and fingers. These injuries may also lead to Erb's palsy. These injuries are usually caused by a problem during the birth process known as shoulder dystocia, where the baby gets stuck in the birth canal and forces are used to deliver the child. A nurse, doctor, or midwife may mismanage this situation and cause injury to the brachial plexus.
Other injuries can include a lack of blood flow to the fetus poor oxygenation during labor and birth as well as airway obstruction, elevated bilirubin levels, and distress in the fetus. Fetal distress is usually detected by a quick test known as the Apgar score, which evaluates the newborn's breath, muscle tone as well as heart rate and skin color after childbirth.
Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby's birth. For example, skull fractures or subgaleal hemorrhages are obvious, however many other birth injuries go undiagnosed. Brain imaging can reveal conditions like cerebral palsy or hypoxic-ischemic cerephalopathy.
Medical Malpractice
Medical malpractice or negligence is the reason for many birth injuries. These lawsuits assert that the doctor, nurse or another healthcare professional violated their duty to care for the mother and child through their actions or failure to act.
A lawyer can help parents in constructing a solid case by reviewing the medical records of the patient and hiring expert witnesses. Medical professionals can offer evidence to demonstrate how the actions of a healthcare professional or lack of them, have harmed a patient.
These experts in medicine often declare that a doctor's or other healthcare professional's actions were below the standards of care they provide for their particular area. They also provide their opinions on injuries a healthcare professional should have been able prevent. The lawyer will make use of this information to negotiate a settlement with the hospital or doctor.
In many cases the hospital or doctor will settle prior to an investigation. They are trying to avoid negative publicity and could accept a settlement to ensure their reputations. If the hospital or doctor refuse to settle, an attorney could file a medical negligence lawsuit in the court.
If a lawsuit has been filed, the parents are plaintiffs, and nurses, doctors and other medical professionals are defendants. Lawyers will begin the process of discovery. chicago birth injury attorneys involves sharing all the evidence that support the case. They also will take depositions or sworn statements.
The attorneys will argue the defendants acted negligently by failing to adhere a standard of care in their profession, and that this negligence led to the injury of the child. They will ask for compensation for injury-related expenses including medical bills as well as lost wages and other expenses. A judge or jury may award additional damages, including economic loss, like suffering and pain. In some cases, juries or judges may also award punitive damages, which are intended to punish the defendants for their extreme carelessness or disregard.
An experienced Denver birth injury attorney can assist parents to understand their rights and fight for fair settlement to cover medical expenses, therapy costs and other related expenses. They can assist families in determining their total losses and bring a lawsuit against negligent healthcare providers.
Statute of Limitations
Victims may file a lawsuit in the event that a medical professional is not in their obligation to provide a child or mother with the standards of care established during labour, pregnancy, and delivery. Injuries cause permanent damage. A birth injury lawyer can help families file a successful claim to get the cost of medical bills as well as lost wages (if parents have 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 in the event of a medical mistake during the delivery process. State law stipulates deadlines that victims must adhere to. A skilled lawyer can help clients understand the timeframe for filing a claim and can also effectively argue for extensions if needed.
Once a lawyer takes on a case, they can begin to build a convincing argument to support the claim for damages by gathering the required evidence. This could include the medical records of the mother and child as well as the testimony of expert witnesses. These experts can explain to the court the standard of care in this type of scenario and explain how the actions of the medical professional did not conform to the standard.
Based on the severity of a victim's injuries, a lawyer can also argue for compensatory damages. These may include non-economic as well as economic damages, including suffering and pain, disability, emotional distress, loss of enjoyment of life, and more. In certain instances lawyers may seek punitive damages in order to penalize the defendant and act as a deterrent for others.
Birth injury victims often have multiple claims, which can include against nurses, doctors, 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 is accountable. They can then pursue maximum compensation for the victim and their family. The total amount of damages awarded in a successful medical malpractice suit is determined only by the state laws however, they may be inclusive of all financial and personal losses that result due to the injury.
Compensation
Birth injuries can vary from minor injuries such as broken bones to more serious ones that affect a child's long-term health. Some of the most serious medical birth injuries include cerebral palsy and hypoxic Encephalopathy (HIE). When a baby is deficient in oxygen their brain and other vital tissues are unable receive the nutrients required to function properly. The deficiency in oxygen can be caused by a variety of factors during labor and birth. This can be caused by a long or complex pregnancy, and the use of a vacuum during a particularly difficult birth.
A Denver birth injury lawyer can help families and victims bring a lawsuit in order to obtain compensation, including medical expenses as well as lost wages, pain and suffering. A lawsuit could also cover the cost of any equipment or therapy programs that are required to treat the child.
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 between appointments as well as 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 know whether they have had any prior issues or a history of malpractice or negligence.
Medical malpractice claims can be extremely complicated and expensive, and a lot of insurance companies try to avoid responsibility by blaming the victim for the incident. An experienced lawyer for birth injuries will investigate the case and determine what happened, who is at fault and what the injury is worth.
A lawyer is also able to take on the task of preparing the case which is often extremely time-consuming and requires expert testimony from doctors and other qualified professionals. A lawyer will also ensure that the statutes of limitation are met and that all the necessary medical records are obtained prior to filing a lawsuit.
The sooner you speak to an Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The attorney can get to work investigating your claim and gathering the evidence needed to build a strong claim for compensation. The medical documents, expert witness statements, and other evidence are crucial to show the injury suffered by your child was the result of a doctor or other medical professional's negligent actions. To determine the value of your case, set up a an appointment with an expert Colorado birth injury lawyer.