A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby should be a joyful time. Mistakes in medical care during delivery and labor can lead to serious birth injuries. These injuries can cause lifelong consequences and significant financial cost for families.

A Denver birth injury lawyer can help parents get compensation for the ongoing care of their child. An application for compensation can be made at any time prior to the minor's eighth birthday.

Causes of Birth Injuries

Medical malpractice occurs when doctors or other health care professionals deviate from accepted medical standards which can result in injury or death. Medical negligence during childbirth, which could result in astronomical medical expenses and loss of income, as well as the inability to meet the basic needs of your child is among the most preventable birth injuries. A skilled Denver birth injury lawyer such as Laura Brown can help you fight for your child's right to compensation.

There are many types of birth injuries, however one of the most common is one that causes oxygen deprivation (anoxia). This type of birth injury can result in irreparable brain damage and impact the child's mental, physical, and emotional functioning. It can also trigger developmental delays, impulsive behavior and learning issues.

Another form of birth injury is nerve damage. This includes nerve damage in the brachialplexus that run from the spine to the shoulder, arm and neck. These injuries can lead to an impairment in the hands, arms and fingers. They can also lead to the condition called Erb's palsy. These injuries are usually caused by a problem that occurs during the phoenix birth injury attorney 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. A nurse, doctor or midwife could fail to manage this situation and cause injury to the brachial plexus.

Other injuries include a lack blood flow to the foetus, inadequate oxygenation during birth, inadequate intubation, airway obstructions, elevated bilirubin, and the stress of a fetus. Fetal distress is usually detected with a quick test, called the Apgar score, which evaluates the newborn's muscle tone, breath, heart rate, and the color of the skin after nevada birth injury attorney.

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 diagnosed, such as subgaleal hemorrhages or skull fractures. Brain imaging can reveal conditions like cerebral palsy or hypoxic-ischemic brain encephalopathy.

Medical Malpractice

Many birth injuries are the result of medical malpractice or negligence. These lawsuits claim that a doctor, nurse, midwife or other healthcare provider breached their duty to care for the mother and child through their actions or failure to act.

A lawyer can assist parents in constructing a strong case by reviewing the medical records of the patient and hiring expert witnesses. These medical professionals can provide evidence to prove that the actions of a healthcare professional or inactions, hurt the patient.

In most cases, these medical experts will testify that the doctor or other healthcare provider's actions were below the standard of care required for their field of expertise. They also provide opinions on the harms that a healthcare provider could have been able to avoid. The attorney will utilize this information to negotiate a settlement with the doctor or hospital.

In many instances, the doctor or hospital will offer a settlement before the trial. They wish to avoid negative publicity and could be willing to settle to protect their reputations. If hospitals or doctors refuse to accept a settlement, a lawyer could bring a medical malpractice lawsuit in court.

If a lawsuit is filed the parents will become the plaintiffs and the nurses, doctors and other medical professionals will become defendants. Lawyers will begin the discovery process. This includes sharing all the evidence that support the case. They will also take depositions which are sworn declarations.

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 that include medical bills, lost earnings and other expenses. A jury or judge may decide to award additional damages, which could include non-economic losses, like suffering and pain. In some cases juries and judges can also award punitive damage, that is intended to penalize defendants for their utter negligence or disregard.

A seasoned Denver birth injury lawyer can assist parents to understand their rights and fight for fair settlement to cover medical expenses, therapy expenses and other expenses related to injuries. They can help families determine their total losses and make a claim against negligent healthcare providers.

Statute of Limitations

Victims may file a lawsuit when a medical professional fails in their duty to provide a baby or mother with the standard of care during labour, pregnancy, and delivery. Injuries cause permanent damage. A birth injury lawyer can help families file a successful claim to get compensation for medical bills and lost wages (if a parent must be absent from work to care for the child), and more.

Since state law establishes deadlines for when victims can file a claim, it is important to contact a birth injury attorney immediately following the occurrence of a medical error in the birth process. A skilled lawyer can help clients understand the timeframe to file a claim and also argue for extensions when needed.

When a lawyer is assigned a case, they are able to begin to construct a strong argument to justify the claim for damages by gathering the needed evidence. This could include medical records of the mother as well as the child, along with the testimony of experts. Experts can explain the standard of care in this kind of situation, as well as show how the medical professional's actions deviated from the standard.

The lawyer can also pursue compensatory damages, depending on the degree of the victim's injuries. This could include non-economic as well as economic damages, such as pain and suffering, emotional distress, loss of enjoyment of life, and more. In some cases lawyers may seek punitive damages to penalize the defendant as well as serve as a warning to others.

Birth injury victims usually have multiple claims, including against doctors, nurses and midwives. A law firm that handles birth injuries can conduct an investigation to determine who is accountable for malpractice and who should face liability. They can then pursue maximum compensation for the victim and their family. The amount awarded in a successful medical malpractice suit is determined by state laws however, they may be inclusive of all financial and personal losses that result as a result of the accident.

Compensation

Birth injuries can range from minor injuries like broken bones to more serious injuries that can affect a child's health over the long term. 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 getting the nutrients they require to function effectively. Many factors can cause oxygen deprivation during labor and delivery such as a prolonged or complicated pregnancy and the use of vacuum during the birth process.

A Denver birth injury lawyer can help families and victims to file a lawsuit against responsible parties for the damages incurred, such as medical expenses, lost wages, and suffering and pain. A claim could also be able to pay for any specialized equipment or therapy programs that are required to treat the child.

Employing a local attorney to deal with dallas birth injury attorney injuries is essential because it can save you time traveling to and from 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 any previous problems or issues with malpractice or negligence.

Medical malpractice claims are complex and expensive, and insurance companies often attempt to minimize liability by blaming victims for the accidents. A experienced birth injury lawyer will investigate the case and determine what happened, who is at fault and what the damage is worth.

A lawyer is also able to take on the burden of preparing the case which is usually very time-consuming and requires expert testimony from doctors and other qualified professionals. A lawyer will also ensure that the statute of limitations is adhered to and that the correct medical records are gathered prior to filing an action.

The sooner you contact the Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The attorney can get to work on investigating your claim and gathering the evidence needed to build a strong case for compensation. Medical documents and expert witness testimony and other evidence are essential to prove that the injury your child suffered was the result of the negligence of a doctor. To determine the value of your case, set up a a consultation today with an expert Colorado birth injuries lawyer.