A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child should be a joyous occasion. However, medical mistakes 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 assist parents in obtaining compensation for the lifetime care of their child. An action can be filed at any time prior to a minor's eighth birthday.

Birth Injuries: Causes

Medical malpractice happens when a doctor or health professional deviates from accepted medical practices and results in injury claim lawyer or death. Certain birth injuries can be prevented, and medical negligence during childbirth could cause astronomical medical expenses or loss of income, as well as the inability to meet your child's requirements. Laura Brown, an experienced Denver birth injury lawyer, can help you fight to ensure your child's right to compensation.

Anoxia is one of the most common birth injuries. This type of birth injury can cause irreparable brain damage and impact the child's mental, physical and emotional performance. It can also trigger delay in development, impulsive behavior and learning difficulties.

Another form of birth injury is nerve damage. This can include nerve injuries in the brachialplexus which extend from the spine to the arm, shoulder and neck. These injuries can cause a loss of function in the arms, hands and fingers. These injuries can also lead to Erb's palsy. These injuries are usually caused by a problem that occurs during the birth process known as shoulder dystocia, where the baby becomes stuck in the birth canal and forces are used to deliver the child. A nurse, doctor or midwife could fail to manage this situation, causing injury to the brachial plexus.

Other injuries include a lack of blood flow to the foetus, inadequate oxygenation during birth, inadequate intubation, airway obstructions high bilirubin levels and stress in the fetus. Fetal distress can be diagnosed by a simple test called the Apgar score. The test evaluates the newborn's skin color, breathing, muscle tone, and heart rate after birth.

Some birth injuries require immediate medical attention, while others aren't apparent until months or even years after the baby is born. Many birth injuries aren't identified, for instance, subgaleal haemorrhages or skull fractures. Brain imaging can reveal conditions like cerebral palsy, or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Many birth injuries result of medical malpractice or negligence. These lawsuits assert that doctors, nurses or midwife or any other healthcare provider violated their duty to care for the mother and child by their actions or inability to act.

A lawyer for injurys near me can assist parents in building a strong case by reviewing the medical records of the patient and hiring expert witnesses. Medical professionals can offer evidence to prove that a healthcare professional's actions, or lack thereof, harmed the patient.

Often, these medical experts will affirm that the doctor's or healthcare provider's actions are not the standard of care required for their field of expertise. They also provide opinions on the harms that the healthcare provider could have done more to avoid. The attorney will then use this information to negotiate 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 safeguard their reputation and avoid negative publicity. If the doctors or hospital refuse to settle, an attorney can bring a medical negligence lawsuit in the court.

If a lawsuit is filed, the parents will become the plaintiffs and the nurses, doctors and other medical professionals will become defendants. Lawyers will begin the discovery process. This involves sharing all the evidence that supports the case. They will also conduct depositions which are sworn declarations.

The attorneys will argue that the defendants committed a crime by failing to adhere to the standards of care that they must adhere to in their work and that their negligence led to the child's injuries. They will ask for compensation for the costs incurred due to injuries including medical bills or lost wages, among other expenses. A judge or jury may award additional damages, including non-economic losses, like pain and suffering. In certain cases juries and judges may also award punitive damages which is meant to punish defendants for their extreme negligence or inattention.

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 costs related to injuries. They can help families determine the true value of their losses, and file a medical malpractice lawsuit against the negligent healthcare providers.

Statute of Limitations

Victims can sue if a medical professional fails in their duty to provide a baby or mother with the standard of care during labour, pregnancy and delivery. Injuries can have life-altering consequences. A birth injury lawyer can assist families to file a claim to obtain compensation for medical bills and lost wages (if the parent has to leave work to take care of the child), and more.

A birth injury lawyer is important to contact as soon as you can after a medical error is suspected during the delivery process. The law of the state has deadlines that victims must comply with. A skilled lawyer can assist clients in understanding the timeframe to make a claim, and also successfully argue for extensions if needed.

Once a lawyer takes on a case, they can begin to build a convincing argument to justify the claim for damages by gathering the required evidence. This may include the medical records of the mother and child and the testimony of expert witnesses. These experts can provide an explanation of the standard of care in this type of scenario, and show how the medical professional's actions differed from the norm.

The lawyer can also seek compensation for damages, based on the severity of the victim's injuries. These could include non-economic as well as economic damages, including the cost of suffering and disability, emotional distress, loss of enjoyment of life, and many more. In some cases lawyers may demand punitive damages to penalize the defendant and act as a deterrent for other people.

Birth injury victims typically have multiple claims against a variety of defendants, including doctors midwives, nurses and other medical professionals. The lawyers at a firm that handles birth injuries can conduct an extensive investigation to determine who are responsible for the malpractice and who should be held liable. The victim and his family can then be compensated up to the maximum. The amount awarded in a successful medical malpractice lawsuit is governed by state laws however, they may include all the personal and financial losses that result due to the accident.

Compensation

A birth injury claim lawyer 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 an infant is deprived of oxygen the brain and other vital tissues are unable to receive the nutrients needed to function effectively. The deficiency in oxygen can be caused by a range of factors during labor and birth. This includes a prolonged or complex pregnancy, as well as the use of a vacuum during an especially difficult birth.

A Denver birth injury lawyer in Denver can help victims and their families bring a lawsuit against responsible parties for the harm incurred, such as medical bills, lost wages, and suffering and pain. A claim could also be able to pay for any specialized equipment or therapy programs that are required for the child's treatment.

It is essential to work with a local birth injury attorney as it will cut down on the amount of time that must be spent travelling back and forth for meetings with court dates, court dates, and other legal procedures. Local law firms will also have a better understanding of the medical professionals involved in the birth of your child. They are more likely to be aware of whether they have had prior issues or a history of malpractice or negligence.

Medical malpractice claims can be extremely complex and expensive, and a lot of insurance companies try to avoid liability by blaming the victim for the accident. A experienced birth injury lawyer can look into the situation and determine what transpired and who was at fault, and how much the injury is worth.

A lawyer can also handle the burden of preparing the case which is usually very time-consuming and requires expert testimony from doctors and other experts. A lawyer will also make sure that the statutes of limitation are observed and that all medical records are gathered prior to filing a lawsuit.

The earlier you get in touch with an attorney in Denver, the better. The attorney will review your claim and gather the evidence needed to establish a solid compensation case. The medical records as well as expert witness statements and other documentation are essential to show the injury suffered by your child was caused by an medical professional's negligence. Schedule a consultation with an experienced Colorado birth injury lawyer today to find out what your case's worth.