A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyous event. Birth complications and medical errors during labor can result in serious birth injuries. These injuries can have lifelong repercussions and significant financial costs for families.
A Denver birth injury lawyer can help parents get compensation for the ongoing care of their child. The claim can be filed any time prior to a minor's eighth birthday.
Causes of Birth Injury
Medical malpractice occurs when a doctor or health care professional deviates from accepted medical standards and causes injury or death. Medical negligence during childbirth, which can result in massive medical expenses and loss of income, as well as the inability to meet the basic needs of your child, is one of the most preventable birth injuries. Laura Brown, an experienced Denver
birth injury legal representation costs injury lawyer, can assist you in fighting to ensure your child's right to compensation.
There are many kinds of birth injuries, however one of the most prevalent is one that causes oxygen deprivation (anoxia). This kind of
birth injury attorney denver injury could cause irreparable brain damage and affect the child's physical, mental and emotional functioning. It can also cause delay in development, impulsive behavior, and learning difficulties.
Another kind of birth injury involves nerve damage. This can include nerve injuries in the brachialplexus which connect the spine to the arm, shoulder and neck. These injuries can result in a loss of functionality in the fingers, hands and arms. They may also cause an illness known as Erb's Palsy. These injuries are typically caused by a problem that occurs during delivery called shoulder dystocia, where the baby gets stuck in the birth canal and forces are used to bring the baby out. This could be due to the nurse, doctor, or midwife mishandling the situation and injuring the brachialplexus.
Other injuries include a deficiency of blood flow to the fetus, poor oxygenation during labor and delivery as well as obstruction of the airway, elevated bilirubin levels, and distress of the fetus. Fetal distress can be detected by a quick test called the Apgar score. This test assesses a newborn's skin color, breathing, muscle tone, and heart rate following
oklahoma city birth injury attorney.
Some birth injuries require immediate medical attention, whereas others may not be detected until months or even years after the baby is born. The injuries like skull fractures or subgaleal hemorrhages are immediately obvious, but many other birth injuries are not recognized. Brain imaging can reveal conditions like cerebral palsy, or hypoxic-ischemic encephalopathy.
Medical Malpractice
Medical malpractice or negligence is the main cause of
birth trauma attorneys injuries. These lawsuits assert that a doctor, nurse or midwife or any other healthcare provider breached their duty to care for the mother and child through their actions or inability to act.
A lawyer can assist parents to build a convincing case against a healthcare professional through studying the patient's medical records and hiring experts to testify. Medical professionals can provide evidence to prove that the actions of a healthcare professional, or lack of them, have harmed a patient.
These experts in medicine often testify that a doctor's or another healthcare provider's actions fell below the standards of care they provide for their particular area. They also provide their opinion on injuries that a healthcare professional could have prevented. The lawyer will utilize this information to negotiate an agreement with the hospital or doctor.
In many cases, the hospital or doctor will settle the matter prior to an investigation. They are trying to avoid negative publicity and may accept a settlement to ensure their reputations. If hospitals or doctors refuse to accept a settlement, a lawyer could bring a medical malpractice lawsuit in the court.
When a lawsuit has been filed, the parents become plaintiffs, and nurses, doctors, and other medical professionals are defendants. Lawyers will begin the discovery process, which involves sharing all the information that support the case. They will also take depositions, or sworn statements.
The attorneys will argue the defendants were negligent in not adhering to a standard of care in their work, and that this negligence caused the injury to the child. They will seek compensation for the costs incurred due to injuries including medical bills or lost wages, among other expenses. A judge or jury may award additional damages, including economic loss, like suffering and pain. In some cases juries or judges could also award punitive damages that are designed to penalize the defendants for their carelessness or disregard.
A seasoned Denver birth injury attorney can assist parents in understanding their rights and advocate for fair compensation to cover medical expenses, therapy costs and other related expenses. They can help families determine the full value of their losses and file a medical malpractice lawsuit against the negligent healthcare providers.
Statute of Limitations
If a medical professional fails to provide an infant or mother with the appropriate standard of medical care during labor and delivery, and the resulting injuries result in life-altering consequences, victims can bring a lawsuit. A birth injury lawyer can help families file a successful claim to get compensation for medical bills and lost wages (if a parent must take time off work to take care of the child), and more.
A birth injury lawyer is crucial to contact as quickly as is possible following a suspected medical mistake during the birth process. State law stipulates deadlines that victims must comply with. A skilled lawyer can assist clients in understanding the timeframe to make a claim, and also argue effectively for extensions if needed.
After a lawyer has taken on the case, they will begin constructing a strong argument to support the claim for damages by gathering the required evidence. This can include the medical records of the mother and child and the testimony of experts. These experts can explain the standards of care that apply in this kind of situation, as well as show how the medical professional's actions deviated from the standard.
The lawyer can also pursue compensation for damages, based on the severity of the victim's injuries. These damages can include both economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment of life. In certain instances lawyers may demand punitive damages to punish the defendant and serve as a deterrent for other people.
Victims of birth injuries often have multiple claims against various defendants, including doctors, nurses, midwives and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for malpractice and who is accountable. The victim and his family will then be compensated to the maximum amount. The total amount granted in a successful medical malpractice lawsuit is governed only by the laws of the state but they are able to include all personal and financial losses that have occurred due to the injury.
Compensation
Birth injuries can be anything from minor, like broken bones to more serious ones that can affect a child's long-term health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. If a child is deprived of oxygen the brain and other vital tissues are not able to receive the nutrients needed to function properly. The lack of oxygen can be caused by a range of causes during labor and delivery. This can be caused by a long or complex pregnancy, as well as the use a vacuum during a difficult birth.
A Denver birth injury lawyer can help families and victims to file a lawsuit against accountable parties for the damages caused by the accident, such as medical bills, lost wages and suffering and pain. A lawsuit can also help cover the cost of specialized equipment and therapy programs that could be required for the child's care.
It is essential to work with an attorney for birth injuries in your area since it will decrease the amount of time that must be spent travelling back and forth for meetings with court dates, court dates, and other legal procedures. A local law firm is also more familiar with the medical professionals and hospitals that were involved in your child's birth. They will be more likely to know whether they have had prior issues or history of malpractice or negligence.
Medical malpractice claims are complex and costly insurance companies typically attempt to minimize liability by blaming the victims for injuries. A birth injury lawyer who has years of experience in investigating cases can determine what happened, the parties at fault, and the worth of the injury.
A lawyer can also be competent in the preparation of the case. This is a time-consuming process that requires the testimony of doctors and other experts. A lawyer will also ensure that the statutes of limitations are met and that all the necessary medical records are collected prior to filing an action.
The sooner you speak to the Denver birth injury attorney the faster. The lawyer can begin to work on investigating your claim and gathering the evidence required to establish a convincing case for compensation. Medical documents as well as expert witness testimony and other evidence are essential to prove that the injury the child suffered was caused by a doctor's negligence. Schedule a consultation with an experienced Colorado birth injury lawyer today to learn how much your case is worth.
