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A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a baby is a joyful event. Medical mistakes during delivery and labor can result in serious birth injuries. These injuries can have lifelong repercussions and significant financial costs for families.
A Denver birth injury lawyer in Denver can help parents receive compensation for the ongoing care of their child. An application for compensation can be made at any time prior to the minor's 8th birthday.
Birth Injuries: Causes
Medical malpractice occurs when a physician or health professional deviates from accepted medical practices and causes injury or death. Medical negligence during childbirth, which can result in astronomical medical expenses as well as the loss of income and inability to meet your child's basic needs is among 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, but one of the most common involves oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable damage to the brain and alter a child's cognitive and physical functioning. It can also cause the development of a child and impulsive behavior as well as learning disabilities.
Another form of birth trauma is nerve damage. This includes injuries to the brachial plexus, which are nerves that run from the upper spine to the shoulder, neck and arm. These injuries can cause the loss of function in the fingers, hands, and arms. These injuries can also lead to Erb's palsy. These injuries are typically caused by a condition that occurs during delivery called shoulder dystocia, where the baby gets stuck in the birth canal and forces are applied to try to bring the baby out. This could be due to nurses, doctors or midwife not properly handling the situation, causing injury to the brachialplexus.
Other injuries can include a lack of blood flow to the fetus inadequate oxygenation during labor and delivery and intubation that is not properly done or an obstruction to the airway, high bilirubin levels, and fetal distress. Fetal distress is often detected by a quick test known as the Apgar score, which measures the newborn's breath, muscle tone, heart rate, and the color of the skin after birth.
Some birth injuries require immediate medical attention, while other injuries may not be detected for months or even years after the baby's birth. Many birth injuries are not identified, for instance, subgaleal haemorrhages or skull fractures. Brain imaging can reveal conditions like cerebral palsy, or hypoxic-ischemic brain encephalopathy.
Medical Malpractice
Medical negligence or malpractice is the main cause of birth injuries. These lawsuits allege that a doctor, nurse or midwife or another healthcare provider breached their obligation to care for the mother and child through their actions or inaction.
A lawyer can help parents in constructing a strong case by looking over the medical records of a patient and retaining expert witnesses. These medical professionals can provide evidence to prove that a healthcare professional's actions, or lack of them, have harmed a patient.
These medical experts often provide evidence that a doctor's another healthcare provider's actions fell short of the standards of care in their field. They also provide opinions on the harms that medical professionals could have been able to avoid. The lawyer will utilize this information to negotiate an agreement with the hospital or doctor.
In many cases the hospital or doctor will offer a settlement prior an investigation. They are trying to avoid negative publicity and could accept a settlement to ensure their reputations. If the hospital or doctors refuse to settle, an attorney could file a medical negligence lawsuit in the court.
If the lawsuit is filed, the parents will become the plaintiffs, and the nurses, doctors and other medical professionals become defendants. Lawyers will begin the process of discovery that involves sharing all the information that supports the case. They will also take depositions, or sworn statements.
The lawyers will argue that the defendants acted negligently by not adhering to a standard of care in their profession and that their negligence led to the injury of the child. They will seek compensation for the injuries-related losses, which include medical bills as well as lost earnings and other expenses. A jury or judge may award additional damages, such as non-economic losses like suffering and pain. In certain cases, juries and judges can also award punitive damages, which is meant to punish defendants for their extreme negligence or inattention.
A Denver birth injury lawyer can help parents understand and assert their rights and fight for fair compensation that covers medical costs as well as therapy costs and other related costs to an injury. They can assist families in determining the true value of their losses, and make a claim for medical malpractice against negligent healthcare providers.
Statute of Limitations
If medical professionals fail to provide a baby or mother with the established standards of care during pregnancy, labor, and birth, and the injuries lead to life-altering consequences victims can file an action. A birth injury lawyer can assist families build a strong claim to get compensation for medical expenses and lost wages (if a parent must be absent from work to take care of the child) and more.
A birth injury lawyer is essential to contact as soon as you can in the event of a medical mistake during the delivery process. The law of the state has deadlines for victims to comply with. An experienced lawyer will help clients understand the timelines to file a claim and also effectively argue for extensions if needed.
After a lawyer has taken on a case, they are able to begin to build a convincing argument to justify the claim for damages by gathering the required evidence. This may include the mother's and child's medical records, as well as the testimony of expert witnesses. These experts can explain to the court the proper standard of care in this type of situation and show how the actions of the medical professional did not conform to the standard.
Based on the severity of the victim's injuries, a lawyer can also argue for compensation damages. This could include non-economic as well as economic damages, including pain and suffering, disability, emotional distress and loss of enjoyment of life, and many more. In certain instances lawyers may seek punitive damages to penalize the defendant and act as a deterrent to others.
Victims of birth injuries often have multiple claims against different defendants, such as doctors, nurses, midwives, and other medical professionals. The lawyers of a birth injury firm will conduct a thorough investigation to determine who are responsible for the malpractice and who is accountable. They can then seek the maximum compensation for the victim and their family. The amount granted in a successful medical malpractice suit is determined only by the laws of the state but they are able to be inclusive of all personal and financial losses that result due to the accident.
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. Some of the most severe medical birth injuries include cerebral palsy and hypoxic ischemic cerebrovascular disease (HIE). When an infant is deficient in oxygen their brain and other vital tissues are unable get the nutrients they require to function effectively. Many factors can lead to the loss of oxygen during labor and delivery such as a prolonged or difficult pregnancy, as well as the use of a vacuum during the birth process.
A Denver birth injury lawyer in Denver can help families and victims bring a lawsuit against responsible parties for the harm incurred, such as medical bills, lost wages, and pain and suffering. A lawsuit could also cover the cost of any equipment or therapy programs necessary to treat the child.
Hiring a local attorney for birth injuries is important since it will help you save time travelling to and from court dates and other legal proceedings. Local law firms will also have a better understanding of the medical professionals involved in the birth of your child. They are more likely to be aware of any previous issues, negligence or malpractice.
Medical malpractice claims are complex and costly insurance companies typically try to avoid liability by blaming victims for the accidents. A birth injury lawyer with expertise in investigating cases can identify what happened, the parties responsible, and the worth of the injury.
A lawyer can also take on the task of preparing the case, which is often extremely time-consuming and requires expert testimony from doctors and other trained professionals. Lastly, a lawyer will ensure that the statute of limitations is met and that the proper medical records are gathered prior to filing a lawsuit.
AccidentInjuryLawyers get in touch with an Denver birth injury attorney, the better. The attorney will begin to work investigating your claim and gathering the evidence to establish a convincing case for compensation. Medical records, expert witness testimony, and other evidence are essential to prove that the injury your child sustained was caused by the negligence of a doctor. Consult an experienced Colorado birth injury lawyer today to find out the amount your case is worth.
