A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby should be a joyous occasion. However, medical mistakes 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 attorney can assist parents to recover the compensation they owe their child for his or her lifetime medical needs. A claim can be made at any time prior to the child's 8th birthday.
Causes of Birth Injury
Medical malpractice occurs when doctors and other health care professionals deviate from accepted medical standards and cause injury or even death. Medical negligence during childbirth, which can cause astronomical medical costs and loss of income, as well as the inability to meet your child's basic needs, is one of the most preventable birth injuries. Laura Brown, an experienced Denver birth injury lawyer, can help you fight to protect your child's rights to compensation.
There are many types of birth injuries, however one of the most common involves oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable brain damage and alter a child's cognitive and physical functioning. It can also trigger delay in development, impulsive behavior, and learning difficulties.
Another type of birth injury involves nerve damage. This includes injuries to the brachial plexus which are nerves that flow from the upper spine to the shoulder, neck, and arm. These injuries can lead to a loss of functionality in the fingers, hands and arms. These injuries may also lead to Erb's palsy. These injuries result from shoulder dystocia. This is a condition that occurs when the baby becomes stuck in the birth canal, and force is applied to birth the baby. A nurse, doctor, or midwife might not be able to handle 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 delivery and intubation that is not properly done or an airway obstruction, elevated bilirubin levels, and fetal distress. Fetal distress is usually identified through a simple test known as the Apgar score, which measures the newborn's breath, muscle tone heart rate, breathing, and skin color after birth.
Certain birth injuries require immediate medical attention while others may not be detected for months or even years following the baby's birth. The injuries like subgaleal hemorrhages or skull fractures are easily identifiable, but many other birth injuries remain undiagnosed. Brain imaging can reveal conditions like cerebral palsy or hypoxic-ischemic cerephalopathy.
Medical Malpractice
Medical malpractice or negligence is the main cause of birth injuries. These lawsuits allege that a nurse or doctor, midwife, or other healthcare provider breached their duty of care to the mother and child through their actions or inaction.
A lawyer can help parents build a strong case against a healthcare professional through studying the patient's medical records and obtaining expert witnesses. Medical professionals will give testimony that shows how a healthcare provider's actions or lack of action harmed the patient.
Medical experts typically provide evidence that a doctor's the actions of a healthcare professional fell below the standards of care they provide for their particular area. They also provide opinions on the harms that medical professionals could have been able to prevent. The attorney will use this information to negotiate a settlement with the doctor or hospital.
In many instances, the doctor or hospital will offer a settlement prior to the trial. They may settle to ensure their reputation and to avoid negative publicity. If hospitals or doctors refuse to settle, a lawyer may bring a medical malpractice lawsuit in court.
If a lawsuit has been filed, the parents become plaintiffs, while doctors, nurses, and other medical professionals are defendants. Lawyers will begin the process of discovery. This includes providing all the information that support the case. They will also conduct depositions which are sworn declarations.
The lawyers will argue that the defendants acted negligently by not adhering to a certain standard of care in their profession, and that this negligence caused the injury to the child. They will seek compensation for the losses resulting from the injury that include medical bills, lost earnings and other expenses. A judge or jury could award additional damages, such as non-economic losses like suffering and pain. In certain cases juries and judges can also award punitive damages that is intended to penalize defendants for their utter negligence or inattention.
An experienced Denver birth injury attorney can help parents understand their rights and advocate for fair settlement to cover medical expenses, therapy costs and other related expenses. They can help families determine the full worth of their losses and make a claim for medical malpractice against negligent healthcare providers.
Statute of limitations
Victims may file a lawsuit if a medical professional fails in their duty to provide a child or mother with the care established during labour, pregnancy, and delivery. Injuries can have life-altering consequences. A birth injury lawyer can assist families in building an effective case to seek compensation for medical expenses, lost wages (if the parent has to leave work to care for their child) and other damages.
Because state law sets deadlines for when a victim can make an action, it's critical to contact a birth injury attorney immediately following a suspected medical error during the birth process. A skilled lawyer can assist clients in understanding the timeframe to file a claim and also successfully argue for extensions if required.
When a lawyer is assigned a case, they can begin to construct a strong argument to justify the claim for damages by gathering the necessary evidence. This could include medical documents of the mother and child, along with the testimony of experts. These experts can explain to the court the proper standard of care for this type of situation and show how the medical provider's actions weren't in accordance with the standard of care.
The lawyer can also seek compensation for damages, based on the severity of the victim's injuries. These damages can include both economic and non-economic damages including emotional distress, disability, and loss of enjoyment in life. In certain cases, a lawyer may even demand punitive damages to punish the defendant and serve as a warning to others.
Birth injury victims often have multiple claims, such as against nurses, doctors, and midwives. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for malpractice and who is liable. The victim and his family members can be awarded compensation up to the maximum. The state laws restrict the amount of damages that can be granted in a medical malpractice lawsuit, however, it is possible to include all personal and financial damages resulting from.
Compensation
Birth injuries can range from minor abrasions 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 experiences oxygen deprivation, this stops their brain and other vital organs from receiving the nutrients they need to function properly. The lack of oxygen can be caused by a variety of factors during labor and delivery. This can be caused by a long or complicated pregnancy, as well as the use a vacuum during an especially difficult birth.
atlanta birth injury attorneys can assist families and victims file a lawsuit to recover damages, such as medical expenses loss of wages, suffering and pain. A claim could also assist in the payment of equipment and therapy programs that might be necessary for the care of the child.
Hiring a local attorney for birth injuries is crucial since it will help you save time and effort traveling to and from meetings, court dates, and other legal procedures. A local law firm is also more familiar with the medical specialists and hospitals involved in your child's birth. They are more likely to be aware of any previous issues, malpractice or negligence.
Medical malpractice claims can be extremely complex and expensive, and a lot of insurance companies attempt to avoid liability by blaming the victim for the accident. A skilled birth injury lawyer can investigate the case and determine what occurred and who was at fault, and how much the injury is worth.
A lawyer can also take on the task of preparing the case, which is often very time-consuming and requires expert testimony from doctors and other trained professionals. Lastly, a lawyer will ensure that the statute of limitations is adhered to and that the correct medical records are collected before 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 will investigate your claim and gather the evidence needed to build a strong compensation case. Medical documents, expert witness testimony, and other evidence is necessary to prove that the harm your 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.