A Denver Birth injury attorneys Attorney Can Help You File a Claim

The birth of a baby should be a joyful time. Medical mistakes during delivery and labor can lead to serious birth injuries. These injuries can have lifelong consequences and significant financial cost for families.

A Denver birth injury lawyer in Denver can help parents receive compensation for the ongoing care of their child. The claim can be filed at any time prior to the child's 8th birthday.

Birth Injuries: Causes

Medical malpractice occurs when a physician or health care professional deviates from accepted medical practices and results in injury lawsuit or death. Certain birth injuries can be prevented and medical negligence during childbirth could lead to astronomical medical bills as well as lost income and the inability to meet your child's requirements. Laura Brown, an experienced Denver birth injury lawyer, can help you fight to protect your child's rights to compensation.

Anoxia is among the most common birth injuries. This type of birth injury can cause irreparable brain damage that can affect the child's mental, physical, and emotional functioning. It could also lead to the development of a child and impulsive behavior as well as learning disabilities.

Another form of birth injury involves nerve damage. This can include nerve injuries in the brachialplexus which run from the spine to the arm, shoulder and neck. These injuries can cause the loss of function in the arms, hands, and fingers. They can also lead to an illness known as Erb's Palsy. These injuries result from shoulder dystocia. This is a condition that occurs when the baby is stuck in the birth canal, and force is applied to deliver the baby. A nurse, doctor or midwife could fail to manage this situation and injure the brachial plexus.

Other injuries include a deficiency of blood flow to the fetus poor oxygenation during labor and delivery, improper intubation or obstruction of the airway, elevated bilirubin levels, and distress of the fetus. Fetal distress can be diagnosed by a quick test called the Apgar score. This test measures a newborn's skin color and breathing, muscle tone, and heart rate after birth.

Some birth injuries require immediate medical attention while others might not be discovered until months or years after the baby's birth. The injuries like skull fractures or subgaleal hemorrhages are immediately obvious, but many other birth injuries remain undiagnosed. For instance, brain imaging can reveal the presence of certain 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 doctors, nurses or midwife or any another healthcare professional violated their duty to look after the mother and child by their actions or inability to act.

A lawyer can assist parents make a convincing case against a healthcare professional through reviewing the patient's medical records and hiring expert witnesses. Medical professionals can provide evidence that demonstrates how the actions of a healthcare professional or inactions hurt the patient.

These experts in medicine often provide evidence that a doctor's other healthcare professional's actions were below the standard of care for their speciality. They will also offer opinions regarding the injuries a healthcare provider could have been able to avoid. The lawyer will then use this information to negotiate with the hospital or doctor to reach a settlement.

In many cases the hospital or doctor will offer a settlement prior to an investigation. They may agree to settle to ensure their reputation and to avoid negative publicity. If hospitals or doctors refuse to accept a settlement, a lawyer could file a medical malpractice lawsuit in court.

If a lawsuit has been filed, the parents are plaintiffs, while nurses, doctors, and other medical professionals become defendants. Lawyers will begin the discovery process. This includes providing all the information that can support the case. They will also take depositions, which are sworn statements.

The attorneys will argue that the defendants acted in a negligent manner by not adhering to a standard of care that they must adhere to in their work and that the negligence caused the child's injury. They will demand compensation for injury-related expenses like medical bills, lost wages and other expenses. A judge or jury could decide to award additional damages, which could include non-economic losses, like suffering and pain. In some cases juries and judges may also award punitive damage, which is intended to punish defendants for their recklessness or omission.

A Denver birth injury lawyer in Denver can help parents understand and assert their rights and fight for fair compensation for medical expenses, therapy fees and other injury-related costs. They can help families assess their losses to the fullest extent and make a claim against negligent healthcare providers.

Statute of limitations

If medical professionals fail to provide an infant or mother with the appropriate standard of medical care during labor and delivery, and the injuries lead to life-altering consequences, victims can file an action. A birth injury lawyer can help families build a strong claim to obtain the cost of medical bills, lost wages (if the parent has to take time off to care for the child) and much more.

A birth injury lawyer is crucial to contact as soon as you can after a medical error is suspected during the delivery process. The law of the state has deadlines for victims to meet. An experienced lawyer will help clients understand the timelines to file a claim and can also effectively argue for extensions if required.

A lawyer can begin to build an effective case for damages after they have taken over the case. They will collect the evidence needed. This can include the medical records of the mother and child and the testimony of expert witnesses. These experts can explain to the court the standards of care for this type of situation and show how the actions of the medical professional weren't in accordance with the standard.

Based on the severity of a victim's injuries, a lawyer may also be able to argue for compensatory damages. These damages may include economic and non-economic damages including emotional distress, disability, and loss of enjoyment of the life. In some instances lawyers can seek punitive damages to penalize the defendant as well as serve as a warning to others.

Birth injury victims often have multiple claims, including against nurses, doctors, and midwives. The lawyers of a firm that handles birth injuries can conduct an extensive investigation to determine which defendants are responsible for the malpractice and who is liable. The victim and his family members can then be compensated to the maximum. The total amount of damages granted in a successful medical malpractice lawsuit is governed only by the state laws however, they may be inclusive of all personal and financial losses that have occurred due to the accident.

Compensation

Birth injuries can range from minor injuries such as broken bones to more serious injuries that can affect a child's health over the long run. Some of the most serious medical birth injuries are cerebral palsy as well as hypoxic ischemic encephalopathy (HIE). If a child experiences oxygen deprivation, it prevents their brain and other vital organs from receiving the nutrients they require to function properly. The deficiency in oxygen can be caused by a range of causes during labor and delivery. This can be caused by a long or complex pregnancy, and the use a vacuum during a particularly difficult birth.

A Denver birth injury lawyer can assist victims and their families file a lawsuit against the responsible parties for the harm incurred, such as medical bills, lost wages and pain and suffering. A claim could also assist in the payment of equipment and therapy programs that might be necessary for the care of the child.

It's important to hire a local birth injury attorney since it will decrease the amount of time needed to be spent travelling between appointments as well as court dates and other legal procedures. A local law firm will also be more familiar with the medical specialists and hospitals involved in your child's birth. They will be more likely to know if they have any previous issues or had a history of malpractice or negligence.

Medical malpractice claims can be extremely complex and expensive, and many insurance companies try to avoid responsibility by blaming the victim for the accident. A experienced birth injury lawyer will investigate the case and determine what transpired, who is at fault and what the damage is worth.

A lawyer will also be capable of handling 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 statutes of limitation are met and that all medical records are obtained prior to filing lawsuits.

The earlier you get in touch with a Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney will investigate your claim and gather the evidence needed to establish a solid claim for compensation. Medical documents as well as expert witness testimony and other evidence are essential to prove that the harm your child suffered 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.