A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby is a joyful event. However, medical mistakes during the labor and delivery process can cause serious birth injuries. These injuries can have long-lasting consequences and a significant financial burden 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 anytime prior to the child's 8th birthday.
Birth Injuries: Causes
Medical malpractice is when doctors or other health care professionals deviate from accepted medical standards and cause injury or even death. Some birth injuries are preventable, and medical negligence during childbirth can result in astronomical medical costs as well as lost income and the inability to meet your child's requirements. A seasoned Denver birth injury attorney like Laura Brown can help you fight for your child's rights to compensation.
Anoxia is among the most frequent birth injuries. This kind of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It could also lead to developmental delays as well as impulsive behavior and learning disabilities.
Another type of birth injury is nerve damage. This includes injuries to the brachial plexus, which are nerves that run from the upper spine to the neck, shoulder and arm. These injuries can cause the loss of function in the fingers, hands, and arms. These injuries can also lead to Erb's Palsy. These injuries are usually caused by a condition that occurs during the birth process, which is known as shoulder dystocia. where the baby becomes stuck in the birth canal and forces are used to bring the baby out. A nurse, doctor, or midwife may mismanage this situation and cause injury to the brachial plexus.
Other injuries 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 identified with a quick test, known as the Apgar score, which evaluates a newborn's muscle tone, breath heart rate, breathing, and the color of the skin after birth.
Some birth injuries require immediate medical attention, while other injuries might not be discovered until months or even years after the baby's birth. Many birth injuries aren't diagnosed, such as subgaleal hemorrhages or skull fractures. Brain imaging can reveal conditions like cerebral palsy or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Medical malpractice or negligence is the main cause of birth injuries. These lawsuits claim that a nurse or doctor, midwife, or other healthcare provider failed in their obligation to care for the mother and child by their actions or inaction.
A lawyer can help parents to build a convincing case against a healthcare professional by reviewing the patient's medical records and obtaining experts to testify. Medical professionals can provide evidence to demonstrate how the actions of a healthcare professional or lack of them, have harmed a patient.
In most cases, these medical experts will confirm that the doctor or other healthcare provider's actions are not a standard of care for their field of expertise. They also provide opinions on the injuries that the healthcare provider could have done more to avoid. The attorney will then utilize this information to bargain with the hospital or doctor to settle the matter.
In many instances, the doctor or hospital will offer a settlement prior the trial. They are trying to avoid negative publicity, and may accept a settlement to ensure their reputations. If the doctors or hospitals refuse to settle, a lawyer can bring a medical malpractice lawsuit in the court.
If a lawsuit is filed, the parents become plaintiffs, and the nurses, doctors, and other medical professionals are defendants. Lawyers will start the process of discovery that involves sharing all the evidence that support the case. They will also make depositions or sworn statements.
The attorneys will argue that the defendants committed a crime by not adhering 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 injuries-related losses that include medical bills loss of earnings, as well as other expenses. A judge or jury may also award additional damages that include non-economic losses, like suffering and pain. In some cases juries or judges could also award punitive damages which are designed to punish the defendants for their recklessness or disregard.
An experienced Denver birth injury lawyer can help parents understand their rights and advocate for fair compensation to cover medical costs, therapy expenses and other expenses related to injuries. They can assist families in determining the total worth of their losses and pursue a medical malpractice lawsuit against negligent healthcare providers.
Statute of limitations
If a medical professional fails to provide an infant or mother with the established standards of medical attention during labor, and birth, and the injuries lead to life-altering consequences the victims may pursue a lawsuit. A birth injury lawyer can help families file a successful claim to get compensation for medical bills and lost wages (if the parent has to leave work to care for the child) and much more.
Since the law in each state sets deadlines for when a victim can make claims, it is important to contact an attorney for birth injuries as soon as you can after an alleged medical error that occurred during the delivery process. A skilled lawyer can help clients understand the timeframe for filing a claim, as well as argue effectively for extensions if required.
After birth injury attorney fort collins has taken on a case, they can begin to build a convincing argument to support the claim for damages by gathering the needed evidence. This can include the medical records of the mother and child and the testimony of experts. These experts can explain to the court the proper standard of care for this type of scenario and explain how the actions of the medical practitioner weren't in accordance with the standard of care.
The lawyer may also seek compensation for damages, based on the extent of the injury. These damages can include both economic and non-economic damages, including emotional distress, disability, and loss of enjoyment of life. In some cases, the lawyer can even seek punitive damages in order to punish the defendant and act as a deterrent for other people.
Birth injury victims usually have multiple claims, such as against doctors, nurses and midwives. The lawyers at a firm that handles birth injuries can conduct an extensive investigation to determine which defendants are responsible for the malpractice and who is accountable. They can then seek maximum compensation for the victim and their family. The state laws limit the total amount of damages that can be awarded in a medical malpractice lawsuit, but it can include all personal and financial loss resulting from.
Compensation
Birth injuries can range from minor injuries such as broken bones to more serious injuries that can affect a child's health over the long term. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When an infant is deficient in oxygen the brain and other vital tissues are unable to get the nutrients they require to function effectively. Many factors can cause oxygen deprivation during labor and birth such as a prolonged or difficult pregnancy, as well as the use of a vacuum during a difficult birth.
A Denver birth injury lawyer can help families and victims file a lawsuit against the responsible parties for the harm caused by the accident, such as medical bills, lost wages and suffering and pain. A claim may also pay for any special equipment or therapy programs that are required to treat the child.
It is crucial to engage an attorney for birth injuries in your area since it will decrease the amount of time that has to be spent travelling back and forth for meetings with court dates, court dates, and other legal procedures. A local law firm is also more familiar with the medical experts and hospitals that were involved in your child's birth. They are more likely to be aware of any previous issues or negligence or malpractice.
Medical malpractice claims can be extremely complicated and expensive, and many insurance companies try to avoid responsibility by blaming the victim for the incident. A birth injury lawyer with years of experience in investigating cases can determine the circumstances, who was responsible, and the worth of the injury.
A lawyer can also be competent in the preparation of the case. This is a very lengthy process that requires the testimony of doctors and other professionals. Lastly, a lawyer will ensure that the statute of limitations is followed and that all the necessary medical records are collected before filing an action.
The earlier you get in touch with an Denver birth injury attorney, the better. The attorney will begin to work on investigating your claim and gathering the evidence required to build a strong case for compensation. Medical records and expert witness testimony and other evidence are essential to prove that the harm your child suffered was the result of the negligence of a doctor. To find out the value of your case, book a a consultation today with an experienced Colorado birth injuries lawyer.