A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child should be a joyous occasion. Mistakes in medical care during delivery and labor can result in serious birth injuries. These injuries can have lifelong consequences and significant financial cost for families.
A Denver birth injury lawyer in Denver can help parents receive compensation for the lifetime care of their child. An application for compensation can be made anytime prior to the child's 8th birthday.
Birth Injury Causes
Medical malpractice is when doctors or other health professionals stray from accepted medical standards and cause injury or even death. Medical negligence during childbirth, which could cause astronomical medical costs and loss of income, as well as 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 assist you in fighting to defend your child's rights to compensation.
There are many types of birth injuries, however one of the most common is one that causes oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also trigger delay in development, impulsive behavior and learning difficulties.
Another type of birth injury is nerve damage. This includes injuries to the brachial nerve, which are nerves that extend from the upper spine to the neck, shoulder and arm. These injuries can result in an impairment in the arms, hands, and fingers. They can also result in an illness called Erb's palsy. These injuries result from shoulder dystocia. This is a condition in which the baby gets stuck in the birth canal, and force is applied to 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 include a lack of blood flow to the fetus, poor oxygenation during labor and delivery, improper intubation or obstruction to the airway, high bilirubin levels, and distress in the fetus. Fetal distress is often detected with a quick test, known as the Apgar score, which measures the baby's muscle tone, breath heart rate, breathing, and skin color after childbirth.
Certain birth injuries require immediate medical attention while others are not detected until months or even years after the baby's birth. Many birth injuries are not recognized, such as subgaleal haemorrhages or skull fractures. Brain imaging can reveal conditions such as cerebral palsy or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Medical malpractice or negligence is the cause of many birth injuries. These lawsuits assert that the doctor, nurse or midwife or any another healthcare professional violated their obligation to take care of the mother and child through their actions or failure to act.
A lawyer can aid parents in constructing a solid case by reviewing the medical records of a patient and hiring expert witnesses. Medical professionals can provide testimony that shows the way in which a healthcare professional's actions or lack of action harmed the patient.
Often, these medical experts will testify that the doctor's or healthcare provider's actions fell below the standard of care required for their area of expertise. They also provide opinions on the harms that a healthcare provider should have been able to prevent. The lawyer will utilize this information to negotiate an agreement with the doctor or hospital.
In many instances, the hospital or doctor will settle the matter prior to an investigation. They may agree to settle to ensure their reputation and to avoid negative publicity. If the hospital or doctors refuse to settle, an attorney can file a medical negligence lawsuit in the court.
If the lawsuit is filed, parents will be the plaintiffs, while nurses, doctors and other medical professionals will become defendants. Lawyers begin the discovery process. This involves sharing all the evidence that support the case. They also will take depositions which are sworn statements.
The attorneys will argue that the defendants acted in a negligent manner by not adhering to the standard of care in their field and that their negligence resulted in the child's injury. They will ask for compensation for the costs incurred due to injuries including medical bills or lost wages, among other expenses. A jury or judge may award additional damages, such as non-economic losses, like pain and suffering. In some cases juries or judges could also award punitive damages which are designed to punish the defendants for their extreme carelessness or apathy.
A Denver birth injury lawyer in Denver can assist parents in understanding and asserting their rights and fight for fair compensation that covers medical costs therapy fees, as well as other related costs to an injury. They can help families determine their full losses and make a claim against negligent healthcare providers.
Statute of Limitations
If medical professionals fail to provide a baby or mother with the standards of care during pregnancy, labor and delivery, and the resulting injuries result in life-altering consequences, victims can file an action. A birth injury lawyer can help families to file a claim to get compensation for medical expenses, lost wages (if parents have to take time off work to care for the child), and more.
Since the law in each state sets deadlines for when a victim can make a claim, it is essential to speak with a birth injury attorney immediately following an alleged medical error that occurred during the birth process. An experienced lawyer can help clients understand the timeframe to file a claim and also argue for extensions if needed.
A lawyer can start building an argument for damages that is strong once they have taken on the case. They will gather the evidence needed. This can 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 proper standard of care in this kind of situation and show how the actions of the medical professional did not conform to the standard of care.
Based on the severity of the victim's injuries, the lawyer can also advocate for compensatory damages. These damages could include economic and non-economic damages, including emotional distress, disability, and loss of enjoyment in life. In certain cases lawyers may seek punitive damages in order to penalize the defendant and act as a deterrent to others.
Birth injury victims typically have multiple claims, which can include against nurses, doctors and midwives. The lawyers of a birth injury firm can conduct an exhaustive investigation to determine who are accountable for the negligence and who should be held liable. They can then pursue maximum compensation for the victim and their family. The state laws restrict the amount of damages that can be granted in a medical malpractice lawsuit, but it could include all personal and financial damages resulting from.
Compensation
Birth injuries can range from minor injuries such as broken bones to serious injuries that affect the child's health in the long-term. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant is deprived of oxygen, their brain and other vital tissues are unable to receive the nutrients needed to function effectively. There are a variety of factors that can cause oxygen deprivation during labor and delivery which includes a lengthy or difficult pregnancy, as well as the use of vacuum during an uneasy birth.
A Denver birth injury lawyer can help families and victims bring a lawsuit in order to get compensation for damages, including medical expenses loss of wages, pain and suffering. A claim can also help cover the cost of specialized equipment and therapy programs that could be necessary to provide care for the child.
It's important to hire an attorney for birth injuries in your area since it will decrease the amount of time needed to be spent driving between appointments with court dates, court dates, and other legal proceedings. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. They are more likely to be aware of any prior problems or issues with 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 experienced birth injury lawyer will investigate the case and determine what occurred, who is at fault and what the injury is worth.
A lawyer can also be able to handle the preparation of the case. queens birth injury attorney is a very lengthy process that requires the testimony of doctors and other professionals. A lawyer will also make sure that the statutes of limitation are met and that all the necessary medical records are obtained prior to filing an action.
The earlier you get in touch with a Denver birth injury lawyer the faster. The lawyer will investigate your claim and gather the evidence needed to establish a solid claim for compensation. The medical records as well as expert witness statements and other evidence are crucial to show the injury suffered by your child was the result of an medical professional's negligent acts. Schedule a consultation with an experienced Colorado birth injury lawyer today to determine what your case's worth.