A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby should be a joyous occasion. Birth complications and medical errors during labor can result in serious birth injuries. These injuries can cause long-lasting damage and can be costly 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 child's 8th birthday.

Causes of birth injuries

Medical malpractice occurs when doctors or other health care professionals deviate from the accepted medical guidelines which can result in injury or death. Some birth injuries are preventable, and medical negligence during childbirth could lead to astronomical medical bills or loss of income, as well as inability to meet your child's needs. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to protect your child's rights to compensation.

There are a variety of birth injuries, however one of the most common is one that causes oxygen deprivation (anoxia). This kind of birth injury can result in irreparable brain damage that can affect the child's physical, mental, and emotional functioning. It can also cause the development of a child as well as impulsive behavior and learning disabilities.

Another form of birth injury is 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 an impairment in the arms, hands, and fingers. They can also lead to a condition known as Erb's Palsy. These injuries are typically caused by a problem during the birth process, which is known as shoulder dystocia. where the baby becomes stuck in the birth canal and forces are used to get the baby out. This can be caused by nurses, doctors, or midwife mishandling the situation and causing injuries to the brachialplexus.

Other injuries can include a deficiency in blood flow to the foetus, low oxygen levels during labor and birth, improper intubation, airway obstructions, elevated bilirubin, and the stress of a fetus. Fetal distress can be identified by a simple test called the Apgar score. This test measures a newborn's skin color and muscle tone, breathing, and heart rate after birth.

Some birth injuries need immediate medical attention while others may not be detected for months or even years following the baby's birth. A lot of birth injuries are not diagnosed, such as subgaleal haemorrhages and skull fractures. For instance, brain imaging can reveal the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.

Medical Malpractice

Medical malpractice or negligence is the reason for many birth injuries. These lawsuits assert that a doctor, nurse or midwife, or any other healthcare provider violated their obligation to care for the mother and child by their actions or inaction.

A lawyer can assist parents in constructing a solid case by looking over the medical records of the patient and retaining expert witnesses. Medical professionals can provide testimony to show how a healthcare professional's actions, or lack thereof, harmed a patient.

Often, these medical experts will confirm that the doctor or other healthcare provider's actions fell below the standards of care that are required in their specialty. They also offer their opinions on injuries the healthcare professional could have prevented. The attorney will then utilize this information to bargain with the doctor or hospital to reach a settlement.

In many cases the hospital or doctor will settle prior to an investigation. They want to avoid negative publicity and may be willing to settle to safeguard their reputations. If the hospital or doctors refuse to settle, an attorney can file a medical negligence lawsuit in court.

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

The lawyers will argue that the defendants were negligent in failing to adhere a standard of care in their work, and that this negligence caused the injury to the child. They will demand compensation for injuries-related expenses, such as medical bills as well as lost wages and other expenses. A judge or jury may award additional damages, including non-economic losses, like pain and suffering. In some egregious cases juries or judges could also award punitive damages which are intended to punish the defendants for their extreme carelessness or apathy.

A seasoned Denver birth injury lawyer can help parents understand their rights and fight for fair settlement to cover medical expenses, therapy costs and other injury-related expenses. They can assist families in determining their total losses and bring a lawsuit against negligent healthcare providers.

Statute of limitations

If medical professionals fail to provide a baby or mother with the appropriate standards of medical attention during labor, and delivery, and the resulting injuries lead to life-altering consequences the victims may file an action. An attorney injury lawyer for birth injuries can assist families in building an effective case to seek compensation for medical expenses as well as lost wages (if parents have to be absent to take care of their child) and other damages.

A birth injury lawyer is important to contact as quickly as is possible in the event of a medical mistake during the delivery process. State law has deadlines for victims to adhere to. A skilled lawyer can help clients understand the timeframe for filing a claim and also argue for extensions if needed.

A lawyer can begin constructing an argument for damages that is strong after they have taken over the case. They will gather the necessary evidence. This can include medical records of the mother and child, along with the testimony of experts. Experts are able to explain to the court the proper standard of care in this type of scenario and explain how the actions of the medical practitioner weren't in accordance with the standard of care.

The lawyer can also pursue compensatory damages, depending on the severity of the victim's injuries. These damages can include both economic and non-economic damages including pain and suffering, emotional distress, disability and loss of enjoyment of the life. In certain instances, the lawyer can even seek punitive damages to punish the defendant and serve as a deterrent for others.

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

Compensation

A birth injury can range from minor injuries like broken bones to more serious injuries that can affect a child's long-term health. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When a baby is deprived of oxygen their brain and other vital tissues are unable to receive the nutrients required to function properly. Oxygen deprivation can be caused by a range of factors during labor and delivery. This includes a prolonged or complicated pregnancy, as well as the use a vacuum during a difficult birth.

A Denver birth injury lawyer can assist victims and their families bring a lawsuit against accountable parties for the damages incurred, such as medical expenses, lost wages, and pain and suffering. A claim could also assist in the payment of specialized equipment and therapy programs that may be required to provide care for the child.

It is essential to work with an attorney who is local to your area since it will decrease the amount of time that must be spent travelling between meetings, 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 be aware of any previous problems or issues with malpractice or negligence.

Medical malpractice cases are complicated and expensive insurance companies typically attempt to minimize liability by blaming victims for the accidents. A birth injury lawyer who has expertise in investigating cases can identify what transpired, who was at fault, and the value of the good injury lawyers near me.

A lawyer can also handle the task of preparing the case which is often extremely time-consuming and requires expert testimony from doctors and other qualified professionals. Lastly, a lawyer will ensure that the statute of limitations has been met and that the proper medical records are collected before filing an action.

The sooner you speak to an attorney injury lawyer in Denver, the better. The attorney injury lawyer will review your claim and gather the evidence required to create a strong compensation case. Medical records as well as expert witness testimony and other documentation is essential to prove that the harm the child suffered was caused by the negligence of a doctor. To find out the value of your case, book a an appointment with an expert Colorado birth injury lawyer.