A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child should be a joyful time. However, medical errors during labor and delivery can cause serious birth injuries. These injuries can cause lifelong consequences and a significant financial burden for families.
A Denver birth injury attorney can assist parents in obtaining the compensation they owe their child for his or her lifetime requirements for care. A claim can be made at any time prior to the child's 8th birthday.
Birth Injuries: Causes
Medical malpractice occurs when a physician or health professional deviates from the accepted medical guidelines and can result in death or injury. Medical negligence during childbirth, which can cause astronomical medical costs, lost income and the inability to meet your child's basic needs is among the most preventable birth injuries. An experienced Denver birth injury lawyer such as 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 trauma can cause irreparable brain damage and alter a child's cognitive and physical functioning. It can also lead to developmental delays and impulsive behavior as well as learning disabilities.
Another form of birth injury involves nerve damage. This can include nerve injuries in the brachialplexus that run from the spine to the shoulder, arm and neck. These injuries can cause the loss of function in the hands, arms, and fingers. They can also result in an illness known as Erb's palsy. These injuries are typically caused by a problem that occurs during the birth process known as shoulder dystocia, where the baby becomes stuck in the birth canal and forces are applied to try to bring the baby out. This could be due to a doctor, nurse or midwife not properly handling the situation and injuring the brachialplexus.
Other injuries include a lack blood flow to the foetus, inadequate oxygenation during birth and labor, improper intubation, airway obstructions high bilirubin levels and fetal stress. Fetal distress can be detected by a quick test called the Apgar score. The test evaluates the newborn's skin color and muscle tone, breathing, and heart rate after birth.
Certain birth injuries require immediate medical attention while others may not be detected for months or even years following the baby's birth. Many birth injuries are not recognized, such as subgaleal hemorrhages or skull fractures. For example brain imaging can show the presence of conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Medical negligence or malpractice is the reason for many birth injuries. These lawsuits allege that a nurse or doctor or midwife or another healthcare provider violated their duty of care to the mother and child through their actions or inaction.
A lawyer can help parents build a strong case against a healthcare professional by studying the patient's medical records and obtaining expert witnesses. Medical professionals can offer evidence to prove that the actions of a healthcare professional or lack of them, have harmed the patient.
Most often, these experts will affirm that the doctor or other healthcare provider's actions fell below the standards of care that are required in their specialty. They will also give their opinions on injuries that medical professionals could have prevented. The attorney will use this information to negotiate an agreement with the hospital or doctor.
In many cases the hospital or doctor will settle prior to the trial. They wish to avoid negative publicity and could accept a settlement to ensure their reputations. If the doctors or hospital refuse to settle, an attorney can file a medical negligence lawsuit in court.
When a lawsuit has been filed, the parents become plaintiffs, while nurses, doctors and other medical professionals are defendants. Lawyers will begin the discovery process which involves sharing all information that support the case. They also will take depositions, which are sworn statements.
birth injury attorney iowa will argue that the defendants committed malpractice by not adhering to a standard of care for their profession and that their negligence led to the child's injuries. They will demand compensation for injuries-related expenses like medical bills as well as lost wages and other expenses. A jury or judge can award additional damages, including non-economic losses, like suffering and pain. In some cases juries and judges may also award punitive damages which is intended to punish defendants for their recklessness or disregard.
An experienced Denver birth injury attorney can assist parents in understanding their rights and advocate for fair compensation to cover medical expenses, therapy costs and other expenses related to injuries. They can help families assess the total value of their losses and make a claim for medical malpractice against the negligent healthcare providers.
Statute of limitations
If medical professionals fail to provide an infant or mother with the established standard of medical care during labor and birth, and the injuries result in life-altering consequences victims can pursue a lawsuit. A birth injury lawyer can help families to build an effective case to seek compensation for medical expenses as well as lost wages (if parents have to be absent to care for their child), and other damages.
Since the law in each state sets deadlines for when victims are able to make a claim, it is essential to speak with a birth injury attorney as soon as possible after an alleged medical error that occurred during the birth process. A skilled lawyer can help clients understand the timeline for filing a claim, and also argue for extensions when needed.
A lawyer can begin to build a strong case for damages after they have decided to take on the case. They will collect the evidence needed. This can include the medical records of the mother and child and the testimony of experts. These experts can explain the standard of care in this particular situation, and demonstrate how the medical provider's actions were different from the norm.
Depending on the severity of the victim's injuries, a lawyer may also be able to argue for compensation damages. These damages may include economic and non-economic damages, including pain and suffering, emotional distress, disability, and loss of enjoyment in life. In some cases lawyers can seek punitive damages to penalize the defendant as well as serve as a warning to others.
Birth injury victims usually have multiple claims, such as against doctors, nurses and midwives. The lawyers of a birth injury firm will conduct a thorough investigation to determine which defendants are accountable for the negligence and who is accountable. They can then seek maximum compensation for the victim and their family. The laws of the state limit the total amount of damages that can be awarded in a medical negligence lawsuit, but it could include all financial and personal losses as a result.
Compensation
Birth injuries can range from minor abrasions like broken bones to serious injuries that impact the child's health in the long run. Some of the most serious medical birth injuries are cerebral palsy and hypoxic ischemic encephalopathy (HIE). When an infant experiences oxygen deprivation, this stops their brain and other vital organs from getting the nutrients they require to function properly. Oxygen deprivation can be caused by a variety of factors during labor and delivery. This includes a prolonged or complex pregnancy, as well as the use a vacuum during a particularly difficult birth.
A Denver birth injury lawyer can help victims and their families to file a lawsuit against responsible parties for the damages incurred, such as medical bills, lost wages, and pain and suffering. A claim can also assist in the payment of specialized equipment and therapy programs that could be necessary for the child's care.
Finding a local attorney for birth injuries is essential because it can save you time traveling to and from court dates and other legal procedures. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. They are more likely to know whether they have any prior issues or history of malpractice or negligence.
Medical malpractice cases are complicated and costly insurance companies typically attempt to minimize liability by blaming victims for accidents. An experienced lawyer for birth injuries can look into the situation and determine what happened which party is responsible and what the injury is worth.
A lawyer is also able to take on the task of preparing the case, which is often lengthy and requires expert testimony from doctors and other trained professionals. A lawyer will also ensure that the statutes of limitation are observed and that all the necessary medical records are gathered prior to filing an action.
The earlier you get in touch with an attorney in Denver, the better. The attorney can get to work in investigating your claim and gathering the evidence required to establish a convincing claim for compensation. Medical records, expert witness statements, and other documentation are essential to prove the injury suffered by your child was the result of a doctor or other medical professional's negligence. To determine the value of your case, set up a an appointment with an expert Colorado birth injury lawyer.