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 effects and be costly for families.

A Denver birth injury lawyer can help parents recover compensation for their child's lifetime requirements for care. An application for compensation can be made anytime prior to the child's 8th birthday.

Birth Injury Causes

Medical malpractice occurs when doctors and other health professionals deviate from the accepted medical guidelines, causing good injury lawyers near me or death. Medical negligence during childbirth, which may result in massive medical expenses as well as the loss of income and inability to provide for your child's basic needs is among the most avoidable birth injuries. A seasoned Denver birth injury lawyer like 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 trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also cause delay in development, impulsive behavior, and learning difficulties.

Another form of birth injury involves nerve damage. This includes injuries to the brachial plexus which are nerves that extend from the upper spine to the shoulder, neck and arm. These injuries can lead to a loss of functionality in the fingers, hands, and arms. These injuries can also cause Erb's palsy. These injuries are typically caused by a condition that occurs during the birth process known as shoulder dystocia, in which the baby is stuck in the birth canal and forces are used to get the baby out. This can result from nurses, doctors, or midwife mishandling the situation and injuring the brachialplexus.

Other injuries include a lack blood flow to the foetus inadequate oxygenation during labor and birth, improper intubation, airway obstructions, elevated bilirubin, and fetal stress. 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 childbirth.

Certain birth injuries require immediate medical attention, while other injuries are not detected until months or years after the baby's birth. Injuries such as subgaleal hemorrhages and skull fractures are obvious, however many other birth injuries are not recognized. For instance, brain imaging can reveal the presence of certain conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.

Medical Malpractice

Many birth injuries are the result of negligence or medical malpractice. These lawsuits allege that a doctor or nurse or midwife, or any other healthcare provider failed in their duty of care to the mother and child by 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 hiring expert witnesses. Medical professionals can provide testimony to show how the actions of a healthcare professional, or lack of them, have harmed a patient.

Often, these medical experts will affirm that the doctor or other healthcare provider's actions were below the standards of care that are required in their field of expertise. They also provide their opinions on injuries the healthcare professional should have been able prevent. The lawyer will use this information to negotiate a settlement with the doctor or hospital.

In many cases, the hospital or doctor will settle prior to an investigation. They wish to avoid negative publicity and could accept a settlement to protect their reputations. If the hospital or doctors refuse to settle, an attorney can make a claim for medical negligence in 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 discovery process, which involves sharing all information that can support the case. They will also take depositions, or sworn statements.

The attorneys injurys will argue that the defendants committed malpractice by not adhering to a standard of care in their field and that their negligence led to the child's injuries. They will request compensation for the best injury lawyers-related losses that include medical bills, lost earnings and other expenses. A judge or jury may also award additional damages that include non-economic loss, such as suffering and pain. In some egregious cases juries or judges can also award punitive damages that are designed to penalize the defendants for their recklessness or inattention.

A seasoned Denver birth injury attorney injury lawyer can help parents understand their rights and advocate for fair compensation to cover medical expenses, therapy expenses and other injury-related expenses. They can help families assess the true worth of their losses and pursue a medical malpractice lawsuit against the negligent healthcare providers.

Statute of Limitations

If a medical professional fails to provide an infant or mother with the appropriate standards of care during pregnancy, labor and birth, and the injuries result in life-altering consequences victims can file a lawsuit. An attorney for birth injuries can assist families in establishing a strong case to recover compensation for medical expenses as well as lost wages (if the parent needs to take time off to care for their child) as well as other damages.

A birth injury lawyer is important to contact as soon as possible following a suspected medical mistake during the birth process. State law has deadlines that victims must comply with. A skilled lawyer can help clients understand the timelines to file a claim and can also argue effectively for extensions if needed.

A lawyer can begin to build an effective case for damages after they have taken over the case. They will gather the evidence required. This can include the mother's and child's medical records and the testimony of experts. These experts can explain the standard of care in this particular situation, as well as demonstrate how the medical provider's actions deviated from the standard.

The lawyer can also seek compensatory damages, depending on the severity of the victim's injuries. This could include non-economic and economic damages, like the cost of suffering and emotional distress, disability as well as loss of enjoyment life, and more. In some cases lawyers can seek punitive damages to penalize the defendant and act as a warning for others.

Birth injury victims typically have multiple claims, including against nurses, doctors and midwives. A birth injury law firm can conduct an investigation to determine who is responsible for negligence and who is accountable. They can then seek maximum compensation for the victim and their family. The amount awarded in a successful medical malpractice lawsuit is governed only by the state laws but they are able to be inclusive of all personal and financial losses that result as a result of the accident.

Compensation

A birth injury can range from minor injuries like broken bones to serious ones that affect a child's long-term health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When a baby suffers from oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they need to function properly. There are a variety of factors that can cause oxygen deprivation during labor and birth which includes a lengthy or complicated pregnancy as well as the use of the vacuum during a difficult birth.

A Denver birth injury lawyer in Denver can help victims and families make a claim to get compensation for damages, including medical expenses, lost wages and suffering and pain. A claim could also cover the cost of any equipment or therapy program that is required for the child's treatment.

Finding a local attorney for birth injuries is crucial because it will save you time and effort traveling to and from meetings, court dates and other legal proceedings. Local law firms will also have a better understanding of the medical experts involved in the birth of your child. They will be more likely to be aware of whether they have any prior issues or previous history of negligence or malpractice.

Medical malpractice claims can be extremely complicated and expensive, and a lot of insurance companies try to avoid liability by blaming the victim the incident. A birth injury lawsuits lawyer who has expertise in investigating cases can identify 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 very time-consuming and requires expert testimony from doctors and other qualified professionals. A lawyer can also ensure that the statutes of limitations are observed and that all the necessary medical records are collected prior to filing a lawsuit.

The sooner you speak to an attorney in Denver, the better. The attorney will review your claim and gather the evidence needed to build a strong compensation case. Medical records, expert witness testimony, and other evidence is necessary to prove that the harm 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.