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A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a baby is a joyous event. However, medical errors during the birth process can result in serious birth injuries. These injuries can have long-lasting consequences and significant financial cost for families.
A Denver birth injury lawyer can assist parents to recover compensation for their child's lifelong medical needs. The claim is possible at any time prior to a minor's eighth birthday.
Causes of Birth Injuries
Medical malpractice occurs when doctors and other health care professionals deviate from accepted medical standards, causing injury or death. Medical negligence during childbirth, which can result in astronomical medical expenses, lost income and the inability to meet your child's basic needs, is one of the most avoidable 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 prevalent involves oxygen deprivation (anoxia). This kind of birth injury can cause irreparable brain damage and affect the child's mental, physical and emotional functioning. It can also lead to developmental delays, impulsive behaviors, and learning difficulties.
Another form of birth trauma is nerve damage. This includes nerve damage in the brachialplexus that extend from the spine to the shoulder, arm and neck. These injuries can lead to the loss of function in the hands, arms, and fingers. They may also cause a condition known as Erb's Palsy. These injuries are caused by shoulder dystocia. This is a condition that occurs when the baby gets stuck in the birth canal and force is applied to deliver the baby. This can be caused by a doctor, nurse, or midwife mishandling the situation and injuring the brachialplexus.
Other injuries can include a lack of blood flow to the fetus low oxygen levels during labor and birth, improper intubation or airway obstruction, elevated levels of bilirubin, and distress in the fetus. Fetal distress is usually detected with a quick test, called the Apgar score, which measures the newborn's breath, muscle tone as well as heart rate and the color of the skin after birth.
Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby's birth. A lot of birth injuries are not identified, for instance, subgaleal haemorrhages and skull fractures. Brain imaging can reveal conditions like cerebral palsy, or hypoxic-ischemic encephalopathy.
Medical Malpractice
Many birth injuries result of negligence or medical malpractice. These lawsuits allege that a doctor or nurse or midwife, or any other healthcare provider breached their obligation to care for the mother and child through their actions or inaction.
A lawyer can help parents make a convincing case against a healthcare professional by looking over the medical records of the 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.
These experts in medicine often provide evidence that a doctor's another healthcare provider's actions fell below the standard of care they provide for their particular area. They also offer their opinions on injuries that the healthcare professional should have been able prevent. The attorney will then utilize this information to negotiate with the hospital or doctor for a settlement.
In many cases, the doctor or hospital will offer a settlement prior the trial. They may agree to settle to safeguard their reputation and avoid negative publicity. If the doctors or hospitals refuse to settle, a lawyer may file a medical malpractice lawsuit in the court.
When a lawsuit has been filed, the parents are plaintiffs, and doctors, nurses and other medical professionals are defendants. Lawyers will start the process of discovery, which involves sharing all the evidence that supports the case. They will also take sworn statements, or depositions.
The lawyers will argue that the defendants were negligent in not adhering to a standard of care within their field and that this negligence led to the injury of the child. They will request compensation for the losses resulting from the injury including medical expenses loss of earnings, as well as other expenses. A jury or judge may award additional damages, such as economic losses, such as suffering and pain. In some cases juries and judges can also award punitive damages, which is meant to punish defendants for their utter negligence or inattention.
An experienced Denver birth injury attorney can assist parents in understanding their rights and advocate for fair compensation to cover medical costs as well as therapy costs and other injury-related expenses. They can help families assess the full value of their losses and make a claim for medical malpractice against the negligent healthcare providers.
Statute of Limitations
Victims may sue when a medical professional fails in their obligation to provide a baby, or mother, with the care established during pregnancy, labour, and delivery and the injuries can have life-altering consequences. A birth injury lawyer can assist families file a successful claim to get the cost of medical bills as well as lost wages (if parents have to leave work to care for the child) and more.
Because state law sets deadlines for when victims are able to make a claim, it is important to contact a birth injury attorney as soon as possible after the occurrence of a medical error in the delivery process. An experienced lawyer can assist clients in understanding the timeframe to file a claim and can also effectively argue for extensions if required.
Once a lawyer takes on a case, they are able to begin to build a convincing argument to support the claim for damages by gathering the necessary evidence. This may include the mother's and child's medical records and the testimony of experts. These experts can provide an explanation of the standards of care that apply in this kind of scenario, and explain how the medical professional's actions deviated from the standard.
The lawyer may also seek compensatory damages, depending on the severity of the victim's injuries. These damages could include economic and non-economic damages, including pain and suffering, emotional distress, disability, and loss of enjoyment of the life. In certain cases, a lawyer may even seek punitive damage to punish the defendant as well as serve as a warning to others.
Birth injury victims usually have multiple claims, including against nurses, doctors and midwives. The lawyers at a firm that handles birth injuries can conduct an extensive investigation to determine which defendants are accountable for the negligence and who should be held accountable. The victim and his family will then be compensated to the maximum amount. The amount that can be awarded in a successful medical malpractice lawsuit is limited only by the state laws however, they may include all financial and personal losses that result as a result of the injury.
Compensation
A birth injury can be anything from minor, like broken bones to more serious injuries that impact a child's health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant experiences oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they require to function effectively. There are a variety of factors that can cause deficiency of oxygen during labor and delivery such as a prolonged or complicated pregnancy as well as the use of vacuum during a difficult birth.
A Denver birth injury lawyer in Denver can help victims and their families to file a lawsuit against accountable parties for the damages that result from the injury, including medical bills, lost wages and suffering and pain. A lawsuit can also be used to pay for the cost of equipment and therapy programs that could be required for the child's care.
Hiring birth injury attorneys near me for birth injuries is essential since it will help you save time traveling 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 can be extremely complex and expensive, and a lot of insurance companies try to avoid responsibility by blaming the victim for the incident. A birth injury lawyer with years of experience in investigating cases can determine what transpired, who was responsible, and the value of the injury.
A lawyer can also take on the task of preparing the case, which can be extremely time-consuming and requires expert testimony from doctors and other qualified experts. A lawyer can also ensure that the statutes of limitation are adhered to and that all the necessary medical records are obtained prior to filing a lawsuit.
The sooner you speak to an Denver birth injury lawyer the faster. The lawyer can begin to work investigating your claim and gathering the evidence needed to present a compelling case for compensation. Medical documents and expert witness testimony and other evidence are essential to prove that the harm your child sustained was the result of a doctor's negligence. To determine the value of your case, book a an appointment with an experienced Colorado birth injury lawyer.
