A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a baby should be a joyous occasion. Mistakes in medical care during delivery and labor can cause serious birth injuries. These injuries can have long-lasting effects and be costly for families.
A Denver birth injury lawyer can assist parents to recover compensation for their child’s lifetime care needs. A claim can be filed at any time prior to a minor’s eighth birthday.
Causes of Birth Injuries
Medical malpractice occurs when a physician or health care professional deviates from accepted medical practices and causes injury or death. Medical negligence during childbirth, which could result in astronomical medical expenses as well as the loss of income and inability to provide for 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 ensure your child’s right to compensation.
There are many types of birth injuries, but one of the most prevalent is oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable damage to the brain and impact a child’s mental and physical functioning. It could also lead to developmental delays and impulsive behavior as well as learning disabilities.
Another type of birth injury is nerve damage. This includes injuries to the brachial nerve which are nerves that run from the upper spine to the neck, shoulder, and arm. These injuries can cause the loss of function in the fingers, hands and arms. They may also cause an illness known as Erb’s Palsy. These injuries are usually caused by a problem that occurs during delivery called 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 may mismanage this situation and cause injury to the brachial plexus.
Other injuries include a deficiency 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 can be detected through a simple test known as the Apgar score. This test measures the newborn’s skin color and breathing, muscle tone, and heart rate following birth.
Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby’s birth. The injuries like subgaleal hemorrhages and skull fractures are obvious, however many other birth injuries are not recognized. For example, brain imaging can reveal the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Medical negligence or malpractice is the main cause of birth injuries. These lawsuits claim that a doctor or 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 build a strong case against a healthcare professional through reviewing the patient’s medical records and obtaining experts to testify. Medical professionals can provide testimony to show how the actions of a healthcare professional, or lack of them, have harmed 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 will also give their opinions on injuries that the healthcare professional should have been able to prevent. The attorney will utilize this information to negotiate a settlement with the doctor or hospital.
In many instances, the hospital or doctor will settle before the trial. They may agree to settle to protect their reputation and avoid negative publicity. If the hospitals or doctors refuse to settle, a lawyer can file a medical malpractice lawsuit in the court.
If a lawsuit has been filed, the parents become plaintiffs, and the doctors, nurses, and other medical professionals become defendants. Lawyers will begin the process of discovery. This includes providing all the information that support the case. They will also take depositions, which are sworn statements.
The lawyers will argue that the defendants committed negligence by not adhering to a certain standard of care within their field, and that this negligence caused the injury to the child. They will seek compensation for the injury-related losses including medical expenses loss of earnings, as well as other expenses. A judge or jury may also award additional damages that include non-economic loss, such as pain and suffering. In some cases juries and judges can also award punitive damages which is intended to punish defendants for their recklessness or disregard.
A Denver birth injury lawyer can help parents understand and assert their rights and fight for fair compensation that covers medical costs, therapy fees and other costs related to injuries. They can help families determine the total worth of their losses and pursue a medical malpractice lawsuit against negligent healthcare providers.
Statute of Limitations
If medical professionals fail to provide an infant or mother with the established standards of care during pregnancy, labor and delivery, and the resulting injuries result in life-altering consequences victims can pursue an action. A birth injury lawyer can help families to build a strong case to recover compensation for medical expenses and lost wages (if parents have to take time off to care for their child) as well as other damages.
Since the law in each state sets deadlines for when victims can make an action, it’s important to contact an attorney for birth injuries as soon as you can after an alleged medical error that occurred during the delivery process. An experienced lawyer will assist clients in understanding the timeframe to file a claim and can also argue effectively for extensions if needed.
When a lawyer is assigned the case, they will begin to build a convincing argument to support the claim for damages by gathering the necessary evidence. This could include medical records of the mother and child, as well as the testimony of experts. Experts can explain to the court the standards of care in this type of situation and show how the actions of the medical professional weren’t in accordance with the standard.
Depending on the severity of a victim’s injuries, a lawyer can also argue for compensation damages. These damages could include economic and non-economic damages including emotional distress, disability and loss of enjoyment in life. In some cases the lawyer may seek punitive damages to punish the defendant and serve as a deterrent for other people.
Birth injury victims usually have multiple claims, such as against nurses, doctors and midwives. The lawyers of a birth injury firm will conduct an extensive investigation to determine who are responsible for the malpractice and who should be held liable. The victim and his family members can be awarded compensation up to the maximum amount. The total amount that can be awarded in a successful medical malpractice lawsuit is limited only by the state laws however, they may include all the financial and personal losses that have occurred due to the accident.
Compensation
Birth injuries can range from minor injuries like broken bones to more serious injuries that can affect a child’s long-term health. Some of the most severe medical birth injuries include cerebral palsy as well as hypoxic ischemic cerebrovascular disease (HIE). When an infant is deprived of oxygen, their brain and other vital tissues are unable receive the nutrients required to function properly. The lack of oxygen can be caused by a range of factors during labor and birth. This can be caused by a long or complex pregnancy, and the use a vacuum during an especially difficult birth.
A Denver birth injury lawyer can help victims and families make a claim to recover damages, such as medical expenses, lost wages and pain and suffering. A claim could also be able to pay for any special equipment or therapy programs necessary to treat the child.
Hiring a local attorney for birth injuries is important because it will save you time and effort traveling to and from meetings, court dates, and other legal proceedings. Local law firms will also be more familiar with the medical experts involved in the birth of your child. They will be more likely to know if they have had prior issues or a history of malpractice or negligence.
Medical malpractice claims can be extremely complicated and costly, and many insurance companies try to avoid liability by blaming the victim for the accident. A skilled birth injury lawyer can look into the situation and determine what happened, who is at fault and what the injury is worth.
A lawyer can also be able to handle the preparation of the case. This is a time-consuming process that requires testimony of doctors and other professionals. A lawyer will also ensure that the statute of limitations has been adhered to and that the correct medical records are gathered prior to filing an action.
The sooner you contact a Denver birth injury attorney the sooner you can contact a denver birth injury attorney alamogordo nm injury attorney, leach-maldonado.hubstack.net,. The lawyer will investigate your claim and gather the evidence necessary to build a strong claim for compensation. The medical records, expert witness statements, and other documentation are essential to show the injury suffered by your child was caused by the medical professional’s negligence. Contact an experienced Colorado birth injury lawyer today to learn how much your case is worth.