A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a child is a joyful experience. However, medical errors during the labor and delivery process can result in serious birth injuries. These injuries can have long-lasting effects and cost families a lot of money.
A Denver birth injury lawyer can help parents recover compensation for their child's lifetime medical needs. The claim is possible at any time prior to a minor's eighth birthday.
Causes of birth injuries
Medical malpractice occurs when doctors and other health professionals deviate from accepted medical practices and cause injury or even death. Some birth injuries are preventable and medical negligence during childbirth can cause astronomical medical expenses, lost income, and the inability to meet your child's requirements. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to ensure your child's right to compensation.
There are many types of birth injuries, but one of the most frequent is one that causes oxygen deprivation (anoxia). This type of birth trauma can cause irreparable damage to the brain and impact a child's mental and physical functioning. It can also lead to developmental delays, impulsive behavior, and learning difficulties.
Another kind of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus which run from the spine to the shoulder, arm and neck. These injuries can cause a loss of function in the hands, arms, and fingers. These injuries can also lead to Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition that occurs when the baby is stuck in the birth canal, and force is used to help deliver the baby. A doctor, nurse or midwife could fail to manage this situation and injure the brachial plexus.
Other injuries include a lack blood flow to the foetus, poor oxygenation during birth and labor, improper intubation, airway obstructions elevated bilirubin levels, and fetal stress. Fetal distress is often detected by a quick test called the Apgar score, which measures the newborn's muscle tone, breath as well as heart rate and the color of the skin after birth.
Some birth injuries need immediate medical attention whereas others are not detected until months or even years following the baby's birth. Injuries such as subgaleal hemorrhages or skull fractures are immediately obvious, but many other birth injuries are not recognized. Brain imaging can identify conditions such as cerebral palsy or hypoxic-ischemic encephalopathy.
Medical Malpractice
Medical malpractice or negligence is the cause of many birth injuries. These lawsuits assert that doctors, nurses or midwife or any other healthcare provider violated their duty to look after the mother and child through their actions or inability to act.
A lawyer can assist parents build a strong case against a healthcare professional through studying the patient's medical records and hiring expert witnesses. Medical professionals can provide evidence to demonstrate how the actions of a healthcare professional or lack thereof, harmed the patient.
Medical experts typically declare that a doctor's or other healthcare professional's actions were below the standard of care in their field. They can also provide their opinions on the harms that a healthcare provider could have been able to avoid. The lawyer will then use this information to bargain with the doctor or hospital to settle the matter.
In many instances, the hospital or doctor will settle prior to the trial. They may agree to settle to protect their reputation and avoid negative publicity. If the hospital or doctor refuse to accept a settlement, an attorney may bring a medical negligence lawsuit in the court.
When a lawsuit is filed parents will become plaintiffs, while doctors, nurses and other medical professionals become defendants. Lawyers will begin the discovery process. This involves sharing all the information that supports the case. They also will take sworn statements, or depositions.
The lawyers will argue that the defendants committed a crime by not adhering to the standards of care in their field and that the negligence caused the child's injury. They will ask for compensation for injury-related expenses, such as medical bills, lost wages and other expenses. A judge or jury could award additional damages, such as economic losses, such as pain and suffering. In some cases juries or judges could also award punitive damages that are designed to penalize the defendants for their recklessness or apathy.
An experienced Denver birth injury attorney can assist parents to understand their rights and advocate for fair settlement to cover medical expenses, therapy expenses and other injury-related expenses. They can help families assess their total losses and make a claim against negligent healthcare providers.
Statute of limitations
If medical professionals fail to provide a baby or mother with the appropriate standard of medical care during labor, and delivery, and the injuries result in life-altering consequences, victims can bring a lawsuit. A birth injury lawyer can assist families file a successful claim to obtain the cost of medical bills and lost wages (if the parent has to take time off work to care for the child) and more.
A birth injury lawyer is important to contact as soon as you can in the event of a medical mistake during the delivery process. State law stipulates deadlines that victims must adhere to. An experienced lawyer can assist clients understand the timeframe to file a claim and can also effectively argue for extensions if needed.
When a lawyer is assigned the case, they will begin to build a convincing argument to justify the claim for damages by gathering the required evidence. This could include medical documents of the mother and child, as well the testimony of experts. These experts can explain the standard of care in this kind of situation, as well as show how the medical professional's actions were different from the norm.
The lawyer can also seek compensation damages, based on the degree 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 cases lawyers may seek punitive damages in order to punish the defendant and act as a deterrent for other people.
Birth injury victims usually have multiple claims, which can include against nurses, doctors and midwives. The lawyers of a birth injury firm will conduct an extensive investigation to determine who are accountable for the lapses and who is accountable. The victim and his family can then be compensated to the maximum amount. The amount awarded in a successful medical malpractice lawsuit is governed 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 such as broken bones to serious injuries that affect the child's health over the long run. Some of the most severe medical birth injuries are cerebral palsy as well as hypoxic ischemic cerebrovascular disease (HIE). When a baby is deprived of oxygen, their brain and other vital tissues are unable to receive the nutrients required to function effectively. There are a variety of factors that can cause oxygen deprivation during labor and birth such as a prolonged or difficult pregnancy, as well as the use of vacuum during the birth process.
birth injury attorney iowa can help victims and their families to file a lawsuit against accountable parties for the damages that result from the injury, including medical expenses, lost wages, and suffering and pain. A claim could also assist in the payment of special equipment and therapy programs that could be required for the child's care.
It's important to hire an attorney who is local to your area as it will cut down on the amount of time that must be spent traveling between meetings as well as court dates and other legal proceedings. A local law firm is also more familiar with the medical professionals and hospitals involved in the birth of your child. They are more likely to be aware of any prior problems or issues with negligence or malpractice.
Medical malpractice claims can be extremely complicated and expensive, and many insurance companies try to avoid responsibility by blaming the victim the accident. A birth injury lawyer with years of experience in investigating cases can determine what transpired, who was who were at fault, as well as the worth of the injury.
A lawyer is also competent in the preparation of the case. This is a time-consuming process that requires testimony of doctors and other experts. A lawyer will also ensure that the statute of limitations has been followed and that all the necessary medical records are obtained prior to filing a lawsuit.
The sooner you speak to the Denver birth injury lawyer, the better. The attorney will begin to work in investigating your claim and gathering the evidence to establish a convincing claim for compensation. The medical documents, expert witness statements, and other documentation are essential to show that your child's injury was caused by a doctor or other medical professional's negligent actions. To find out the value of your case, book a an appointment with an experienced Colorado birth injuries lawyer.