A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful experience. However, medical mistakes made during labor and delivery can cause serious birth injuries. These injuries can cause lifelong consequences and significant financial cost for families.
A Denver birth injury lawyer can help parents receive compensation for the lifetime care of their child. The claim is possible at any time before a minor's eighth birthday.
The causes of birth injuries
Medical malpractice is when doctors or other health professionals stray from accepted medical standards which can result in injury or death. Some birth injuries are preventable, and medical negligence during childbirth can lead to astronomical medical bills, lost income, and inability to meet your child's requirements. A seasoned Denver birth injury lawyer like Laura Brown can help you fight for your child's right to compensation.
There are many types of birth injuries, but one of the most prevalent is oxygen deprivation (anoxia). This type of birth injury can cause irreparable brain damage that can affect the child's mental, physical and emotional performance. It could also lead to the development of a child and impulsive behavior as well as learning disabilities.
Another form of birth injury is nerve damage. This includes injuries to the brachial plexus which are nerves that flow from the upper spine to the neck, shoulder and arm. These injuries can cause an impairment in the arms, hands and fingers. These injuries can also cause Erb's Palsy. These injuries are caused by shoulder dystocia. This is a condition where the baby is stuck in the birth canal, and force is applied to deliver the baby. A nurse, doctor or midwife might not be able to handle this situation and injure the brachial plexus.
Other injuries can include a deficiency in blood flow to the foetus, inadequate oxygenation during birth, inadequate intubation, airway obstructions elevated bilirubin levels, and stress in the fetus. Fetal distress can be identified by a simple test called the Apgar score. This test assesses the newborn's skin color, muscle tone, breathing, and heart rate after birth.
Some birth injuries require immediate medical attention, while others may not be detected until months or even years after the baby is born. 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
Many birth injuries are the result of medical malpractice or negligence. These lawsuits assert that doctors, nurses or midwife or any another healthcare professional violated their duty to look after the mother and child through their actions or failure to act.
A lawyer can assist parents in constructing a solid case by analyzing the medical records of a patient and hiring experts to testify. Medical professionals can provide evidence to prove that the actions of a healthcare professional or inactions, hurt a patient.
Medical experts typically testify that a doctor's or another healthcare provider's actions fell short of the standards of care they provide for their particular area. They also offer their opinion on injuries that a healthcare professional should have been able prevent. The lawyer will then use this information to bargain with the hospital or doctor to reach a settlement.
In many cases the hospital or doctor will settle prior to an investigation. They may agree to settle to protect their reputation and avoid negative publicity. If the doctors or hospital refuse to settle, an attorney could make a claim for medical negligence in court.
When a lawsuit is filed the parents will become the plaintiffs, and the doctors, nurses and other medical professionals will become defendants. Lawyers will start the discovery process, which involves sharing all information that can support the case. They also will take depositions which are sworn declarations.
The attorneys will argue that the defendants committed a crime in not adhering to the standard of care in their field and that the negligence caused the child's injuries. They will seek compensation for injury-related expenses including medical bills, lost wages and other expenses. A judge or jury may award additional damages, including non-economic losses, like suffering and pain. In certain cases of adversity juries or judges can also award punitive damages, which are intended to punish the defendants for their extreme carelessness or inattention.
A Denver birth injury lawyer in Denver can help parents understand and assert their rights, and fight for fair compensation for medical expenses therapy fees, as well as other costs related to injuries. They can help families assess their losses to the fullest extent and make a claim against negligent healthcare providers.
Statute of Limitations
If a medical professional fails to provide a baby or mother with the established standard of medical attention during labor and birth, and the injuries cause life-altering effects, victims can bring a lawsuit. A birth injury lawyer can assist families to file a claim to obtain compensation for medical expenses, lost wages (if a parent must leave to care for the child) and much more.
Since state law establishes deadlines for when victims can make claims, it is essential to speak with an attorney for birth injuries immediately following the occurrence of a medical error in the birth process. An experienced lawyer can assist clients understand the timeline to file a claim and also argue for extensions if required.
When a lawyer is assigned the case, they will begin to build a convincing argument to justify the claim for damages by gathering the needed evidence. This may include the medical records of the mother and child and the testimony of expert witnesses. Experts can explain to the court the standards of care in this type of situation and show how the actions of the medical professional weren't in accordance with the standard.
Depending on the severity of a victim's injuries, the lawyer can also advocate for compensation damages. These damages could include economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment of life. In some instances lawyers can seek punitive damage to punish the defendant as well as serve as a warning to others.
Birth injuries victims often have multiple claims against various defendants, including doctors, midwives, nurses and other medical professionals. The lawyers of a firm that handles birth injuries can conduct an exhaustive investigation to determine which defendants are accountable for the lapses and who should be held accountable. The victim and his family can then be compensated up to the maximum. The total amount awarded in a successful medical malpractice lawsuit is governed only by the laws of the state however, they may include all the personal and financial losses that have occurred due to the injury.
Compensation
Birth injuries can range from minor injuries such as broken bones to serious injuries that impact the child's health over the long-term. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When a baby suffers from oxygen deprivation, this stops their brain and other vital organs from getting the nutrients they need to function properly. A variety of factors can lead to the loss of oxygen during labor and delivery which includes a lengthy or difficult pregnancy, as well as the use of a vacuum during the birth process.
A Denver birth injury lawyer in Denver can help victims and families file a lawsuit to obtain compensation, including medical expenses loss of wages, pain and suffering. A claim could also pay for any special equipment or therapy programs that are required for the child's treatment.
It's important to hire an attorney for birth injuries in your area because it will reduce the amount of time needed to be spent driving between meetings, court dates, and other legal procedures. A local law firm will also be more familiar with the medical professionals and hospitals that were involved in your child's birth. They will be more likely to know if they have any prior issues or past history of negligence or malpractice.
Medical malpractice claims can be complicated and expensive insurance companies frequently try to avoid liability by blaming victims for the accidents. A birth injury lawyer who has experience investigating cases can determine what transpired, who was responsible, and the worth of the injury.
A lawyer can also handle the burden of preparing the case which is usually extremely time-consuming and requires expert testimony from doctors and other qualified professionals. A lawyer will also ensure that the statute of limitations is adhered to and that the correct medical records are obtained prior to filing a lawsuit.
The earlier you get in touch with an attorney in Denver the earlier you contact an attorney in Denver, the better. The attorney will begin to work investigating your claim and gathering the evidence to establish a convincing claim for compensation. The medical records as well as expert witness statements and other evidence are crucial to show that your child's injuries were caused by a doctor or other medical professional's negligent acts. To find out attorney birth injury pennsylvania of your case, book a a consultation today with an expert Colorado birth injuries lawyer.