A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful event. However, medical mistakes made during the labor and delivery process can result in serious birth injuries. These injuries can have long-lasting repercussions and significant financial costs for families.
A Denver birth injury lawyer can help parents receive compensation for the care and treatment of their child. The claim is possible at any time prior to a minor's eighth birthday.
Birth Injury Causes
Medical malpractice occurs when doctors or other health professionals stray from accepted medical practices, causing injury or death. Medical negligence during childbirth, which can result in astronomical medical expenses and loss of income, as well as the inability to meet your child's basic needs, is one of the most preventable birth injuries. An experienced Denver birth injury lawyer such as Laura Brown can help you fight for your child's rights to compensation.
Anoxia is among the most frequent 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 developmental delays as well as impulsive behavior and learning disabilities.
Another form of birth injury involves nerve damage. This includes injuries to the brachial nerve which are nerves that extend from the upper spine to the shoulder, neck and arm. These injuries can result in the loss of function in the fingers, hands, and arms. They can also lead to an illness known as Erb's Palsy. These injuries are caused by shoulder dystocia. This is a condition in which the baby becomes stuck in the birth canal, and force is applied to help deliver the baby. This could be due to nurses, doctors or midwife who is not handling the situation and causing injuries to the brachialplexus.
Other injuries can include a lack of blood flow to the fetus inadequate oxygenation during labor and delivery and intubation that is not properly done or an obstruction to the airway, high bilirubin levels, and distress of the fetus. Fetal distress can be detected through a simple test known as the Apgar score. This test assesses the color of a newborn's skin and breathing, muscle tone, and heart rate following 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 go undiagnosed. Brain imaging can reveal conditions like cerebral palsy or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Many birth injuries result of negligence or medical malpractice. These lawsuits claim that a doctor, nurse, midwife or other healthcare provider violated their duty to look after the mother and child by their actions or inability to act.
A lawyer can help parents in building a strong case by looking over the medical records of the patient and obtaining experts to testify. Medical professionals will give evidence to show the way in which a healthcare professional's actions or inactions hurt the patient.
Most often, these experts will confirm that the doctor or other healthcare provider's actions were below the standards of care that are required in their specialty. They also provide their opinions on injuries that a healthcare professional should have been able to prevent. The lawyer will make use of this information to negotiate an agreement with the hospital or doctor.
In many cases the hospital or doctor will settle the matter prior to a trial. They may settle to protect their reputation and avoid negative publicity. If the doctors or hospitals refuse to settle, a lawyer may bring a medical malpractice lawsuit in court.
If the lawsuit is filed, parents will become plaintiffs, and the doctors, nurses and other medical professionals become defendants. Lawyers will start the process of discovery which involves sharing all the evidence that supports the case. They will also make sworn statements, or depositions.
The lawyers will argue that the defendants acted in a negligent manner by failing to adhere to the standards of care for their profession and that their negligence led to the child's injuries. kansas city birth injury attorney will request compensation for the injuries-related losses that include medical bills, lost earnings and other expenses. A jury or judge may award additional damages, including non-economic losses, like suffering and pain. In certain cases juries and judges can also award punitive damages which is intended to punish defendants for their recklessness or inattention.
A Denver birth injury lawyer can assist parents in understanding and asserting their rights and fight for fair compensation for medical expenses, therapy fees and other related costs to an injury. They can help families assess their total losses and file a lawsuit against negligent healthcare providers.
Statute of Limitations
Victims are able to bring a lawsuit in the event that a medical professional is not in their duty to provide a baby or mother with the standards of care during labour, pregnancy, and delivery. The injuries have life-altering effects. An attorney for birth injuries can help families to build an argument that is strong enough to win compensation for medical expenses and lost wages (if parents have to take time off to care for their child), and other damages.
Since the law in each state sets deadlines for when a victim can make a claim, it is critical to contact a birth injury attorney as soon as you can after the occurrence of a medical error in the birth process. An experienced lawyer will help clients understand the timelines to make a claim, and also argue effectively for extensions if required.
A lawyer can start building a strong case for damages once they have taken on the case. They will gather the evidence needed. This can include medical records of the mother as well as the child, along with the testimony of experts. These experts can provide an explanation of the standards of care that apply in this type of scenario, and show how the medical professional's actions differed from the norm.
Depending on the severity of a victim's injuries, a lawyer can also argue for compensatory damages. This could include non-economic as well as economic damages, such as the cost of suffering and emotional distress as well as loss of enjoyment life, and so on. In certain instances the lawyer may seek punitive damages in order to punish the defendant and serve as a deterrent to others.
Birth injury victims often have multiple claims, such as against nurses, doctors, and midwives. The lawyers at a firm that handles birth injuries can conduct a thorough investigation to determine which defendants are accountable for the negligence and who is liable. They can then pursue 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 malpractice lawsuit, but it can include all financial and personal losses as a result.
Compensation
Birth injuries can range from minor traumas like broken bones to more serious injuries that impact the child's health in the long run. Cerebral palsy and 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. A variety of factors can cause deficiency of oxygen during labor and birth, including a long or difficult pregnancy, as well as the use of the vacuum during a difficult birth.
A Denver birth injury lawyer in Denver can help families and victims bring a lawsuit against responsible parties for the damages that result from the injury, including medical expenses, lost wages, and suffering and pain. A claim could also pay for any specialized equipment or therapy program that is required to treat the child.
Finding a local attorney for birth injuries is essential because it can save you time traveling to and from meetings, court dates, and other legal proceedings. A local law firm will also be more familiar with the medical experts and hospitals involved in your child's birth. They are more likely to be aware of any previous issues or malpractice or negligence.
Medical malpractice claims can be extremely complicated and costly, and many insurance companies attempt to avoid liability by blaming the victim for the accident. A birth injury lawyer who has experience investigating cases can determine what happened, the parties who were at fault, as well as the value of the injury.
A lawyer can also handle the task of preparing the case which is usually very time-consuming and requires expert testimony from doctors and other qualified experts. Additionally, a lawyer can ensure that the statute of limitations is met and that the proper medical records are obtained prior to filing an action.
The earlier you get in touch with a Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney will investigate your claim and gather the evidence required to establish a solid compensation case. Medical records, expert witness testimony, and other evidence is necessary to prove that the injury the child suffered was the result of the negligence of a doctor. Contact an experienced Colorado birth injury lawyer today to determine what your case's worth.