A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child should be a joyous occasion. Birth complications and medical errors during labor can cause serious birth injuries. These injuries can cause long-lasting damage and can be costly for families.
A Denver birth injury lawyer can help parents recover the compensation they owe their child for his or her lifetime requirements for care. An application for compensation can be made anytime prior to the child’s 8th birthday.
The causes of birth injuries
Medical malpractice is when doctors or other health care professionals deviate from accepted medical standards which can result in injury or death. Some birth injuries are preventable, and medical negligence during childbirth can cause astronomical medical expenses or loss of income, as well as inability to provide for your child’s needs. A seasoned Denver oklahoma city birth injury attorney injury attorney like Laura Brown can help you fight for your child’s right to compensation.
Anoxia is among the most common birth injuries. This type of birth injury can cause irreparable brain damage that can affect the child’s mental, physical and emotional functioning. It can also cause the development of a child and impulsive behavior as well as learning disabilities.
Another type of birth injury attorneys new york injury involves nerve damage. This includes injuries to nerves in the brachialplexus that connect the spine to the arm, shoulder and neck. These injuries can lead to an impairment in the fingers, hands, and arms. They can also result in a condition called Erb’s palsy. These injuries are caused by shoulder dystocia. This is a condition where the baby gets stuck in the birth canal, and force is applied to deliver the baby. A nurse, doctor, or midwife may mismanage this situation, causing injury to the brachial plexus.
Other injuries can include a lack of blood flow to the fetus, low oxygen levels during labor and delivery, improper intubation or obstruction of the airway, elevated levels of bilirubin, and fetal distress. Fetal distress is often detected by a quick test known as the Apgar score, which measures the baby’s breathing, muscle tone heart rate, breathing, and skin color after childbirth.
Some birth injuries require immediate medical attention, whereas others may not be detected until months or even years after the baby’s birth. Injuries such as subgaleal hemorrhages or skull fractures are immediately obvious, but many other riverside birth injury attorneys injuries remain undiagnosed. Brain imaging can reveal conditions such as cerebral palsy or hypoxic-ischemic cerephalopathy.
Medical Malpractice
Many birth injuries are the result of medical malpractice or negligence. 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 in constructing a solid case by analyzing the medical records of the patient and hiring experts to testify. Medical professionals can provide testimony that shows the way in which a healthcare professional’s actions or lack of action harmed the patient.
These experts in medicine often declare that a doctor’s or another healthcare provider’s actions fell below the standards of care they provide for their particular area. They can also provide their opinions regarding the injuries the healthcare provider could have been able to 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 the matter prior to the trial. They might settle to protect their reputation and avoid negative publicity. If the hospital or doctor refuse to settle, an attorney for birth injury could file a medical negligence lawsuit in court.
When a lawsuit is filed, parents will become plaintiffs and the nurses, doctors and other medical professionals become defendants. Lawyers will begin the process of discovery. This includes sharing all the evidence that can support the case. They will also make depositions, or sworn statements.
The lawyers will argue that the defendants committed malpractice by failing to adhere to a standard of care for their profession and that their negligence resulted in the child’s injury. They will seek compensation for the injury-related losses that include medical bills loss of earnings, as well as other expenses. A judge or jury could award additional damages, including non-economic losses, like suffering and pain. In certain cases of adversity, juries or judges may also award punitive damages, that are designed to penalize the defendants for their extreme carelessness or apathy.
A seasoned Denver birth injury attorney can assist parents in understanding their rights and advocate for fair settlement to cover medical expenses, therapy expenses and other injury-related expenses. They can assist families in determining the full value of their losses, and make a claim for medical malpractice against negligent healthcare providers.
Statute of limitations
If medical professionals fail to provide an infant or mother with the standards of medical attention during labor, and birth, and the injuries result in life-altering consequences victims can pursue a lawsuit. A birth injury attorney can assist families in building a strong case to recover compensation for medical expenses, lost wages (if parents have to be absent to take care of their child) as well as other damages.
A birth injury lawyer is essential to contact as soon as you can following a suspected medical mistake during the delivery process. The law of the state has deadlines for victims to comply with. An experienced lawyer can assist clients understand the timeframe to file a claim and can also effectively argue for extensions if needed.
Once a lawyer takes on the case, they will begin constructing a strong argument to support the claim for damages by gathering the needed evidence. This could include medical records of the mother and child, along with the testimony of experts. These experts can provide an explanation of the standards of care that apply in this particular situation, and demonstrate how the medical provider’s actions deviated from the standard.
The lawyer can also pursue compensation for damages, based on the severity of the victim’s injuries. These could include non-economic and economic damages, like suffering and pain, emotional distress and loss of enjoyment of life, and many more. In certain instances lawyers may seek punitive damages to punish the defendant and act as a deterrent to others.
Birth injuries victims often have multiple claims against various defendants, such as doctors, midwives, nurses, and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for the malpractice and who should face liability. The victim and his family will then be compensated to the maximum. The total amount granted in a successful medical malpractice suit is determined only by the laws of the state however, they may include all financial and personal losses that have occurred as a result of the accident.
Compensation
Birth injuries can range from minor abrasions such as broken bones to more serious injuries that affect the child’s health in the long term. Cerebral palsy and 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. Oxygen deprivation can be caused by a variety of causes during labor and delivery. These include a long or complex pregnancy, as well as the use of a vacuum during an especially difficult birth.
A Denver longview birth injury attorneys injury lawyer in Denver can help victims and their families file a lawsuit against the accountable parties for the damages caused by the accident, such as medical bills, lost wages, and pain and suffering. A claim can also be used to pay for the cost of equipment and therapy programs that could be required for the care of the child.
It’s important to hire an attorney who is local to your area because it will reduce the amount of time needed to be spent travelling back and forth for meetings, court dates, and other legal procedures. 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 whether they have any previous issues or had a history of malpractice or negligence.
Medical malpractice claims can be extremely complicated and expensive, and many insurance companies try to avoid responsibility by blaming the victim the accident. A experienced birth injury lawyer can investigate the case and determine what transpired which party is responsible and what the damage is worth.
A lawyer can also handle the burden of preparing the case which can be extremely time-consuming and requires expert testimony from doctors and other qualified professionals. A lawyer will also 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 lawyer can begin to work investigating your claim and gathering the evidence needed to present a compelling claim for compensation. Medical records and expert witness testimony and other evidence is necessary to prove that the injury your child suffered was the result of a doctor’s negligence. Contact an experienced Colorado birth injury lawyer today to find out how much your case is worth.