A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby should be a joyous occasion. Medical mistakes during delivery and labor can result in serious birth injuries. These injuries can have lasting effects and cost families a lot of money.

A Denver birth injury lawyer near me lawyer in Denver can help parents receive compensation for the care and treatment of their child. The claim is possible at any time before a minor's eighth birthday.

Birth Injury Causes

Medical malpractice occurs when doctors and other health professionals stray from accepted medical practices which can result in injury or death. Medical negligence during childbirth, which could cause astronomical medical costs and loss of income, as well as the inability to meet the basic needs of your child is among the most avoidable birth injuries. A skilled Denver birth injury lawyer injury like Laura Brown can help you fight for your child's rights to compensation.

There are many kinds of birth injuries, but one of the most prevalent is oxygen deprivation (anoxia). This type of birth trauma can cause irreparable brain damage and alter a child's cognitive and physical functioning. It can also lead to developmental delays, impulsive behavior, and learning difficulties.

Another type of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus, which connect the spine to the arm, shoulder and neck. These injuries can cause the loss of function in the hands, fingers, and arms. These injuries can also lead to Erb's palsy. These injuries are usually caused by a problem during delivery called shoulder dystocia, where the baby gets stuck in the birth canal and forces are applied in order to deliver the child. This can result from the nurse, doctor, or midwife mishandling the situation, causing injury to the brachialplexus.

Other injuries include a lack of blood flow to the foetus, poor oxygenation during labor and birth, improper intubation, airway obstructions, high bilirubin levels and stress in the fetus. Fetal distress can be detected through a simple test known as the Apgar score. This test measures the newborn's skin color, breathing, muscle tone and heart rate following birth.

Some birth injuries require immediate medical attention whereas others might not be discovered until months or even years after the baby's birth. Injuries such as subgaleal hemorrhages and skull fractures are immediately obvious, but many other birth injuries go undiagnosed. For instance brain imaging can show the presence of certain conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.

Medical Malpractice

Medical malpractice or negligence is the main cause of birth injuries. These lawsuits allege that a nurse or doctor or midwife, or any other healthcare provider breached their duty of care to the mother and child through their actions or inaction.

A lawyer can assist parents build a strong case against a healthcare professional through looking over the medical records of the patient and hiring expert witnesses. These medical professionals will provide testimony that shows how the actions of a healthcare professional or lack of action harmed the patient.

These experts in medicine often declare that a doctor's or the actions of a healthcare professional fell below the standards of care for their speciality. They can also provide their opinions regarding the injuries the healthcare provider should have been able to avoid. The attorney will make use of this information to negotiate a settlement with the hospital or doctor.

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

When a 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. This involves sharing all the information that can support the case. They also will take depositions, which are sworn statements.

The attorneys injurys will argue the defendants were negligent in not adhering to a standard of care within their field and that this negligence led to the injury of the child. They will request compensation for the injury claims lawyers-related losses, which include medical bills as well as lost earnings and other expenses. A judge or jury could award additional damages, including economic losses, such as pain and suffering. In certain instances juries and judges can also award punitive damage, which is intended to punish defendants for their extreme negligence or disregard.

A seasoned Denver birth injury attorneys near me attorney can assist parents in understanding their rights and fight for fair settlement to cover medical expenses as well as therapy costs and other expenses related to injuries. They can assist families in determining the total value of their losses and pursue a medical malpractice lawsuit against negligent healthcare providers.

Statute of Limitations

If a medical professional fails to provide a baby or mother with the appropriate standards of medical attention during labor and delivery, and the injuries lead to life-altering consequences, victims can file a lawsuit. A birth injury lawyer can help families to file a claim to get compensation for medical bills, lost wages (if the parent has to leave work to care for the child) and much more.

Since the law in each state sets deadlines for when victims are able to file claims, it is important to contact an attorney for birth injuries as soon as you can after a suspected medical error during the birth process. An experienced lawyer can assist clients in understanding the timeframe to file a claim and also successfully argue for extensions if needed.

Once a lawyer takes on the case, they will begin to construct a strong argument to justify the claim for damages by gathering the required evidence. This could include the medical records of the mother and child as well as the testimony of expert witnesses. These experts can explain the standards of care that apply in this particular situation, and show how the medical professional's actions differed from the norm.

The lawyer can also pursue compensation for damages, based on the extent of the injury. These damages could include economic and non-economic damages, including pain and suffering, emotional distress, disability, and loss of enjoyment in life. In certain cases the lawyer may demand punitive damages to punish the defendant and act as a deterrent for others.

Birth injuries victims often have multiple claims against various defendants, including doctors nurses, midwives and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for the malpractice and who is liable. They can then seek maximum compensation for the victim and their family. The amount awarded in a successful medical malpractice suit is determined only by the laws of the state but they are able to include all financial and personal losses that occur as a result of the injury.

Compensation

Birth injuries can be anything from minor, like broken bones to more 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 an infant experiences oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they need to function properly. The lack of oxygen can be caused by a range of causes during labor and delivery. This includes a prolonged or complex pregnancy, and the use a vacuum during a difficult birth.

A Denver birth injury attorney can assist families and victims bring a lawsuit in order to obtain compensation, including medical expenses as well as lost wages, suffering and pain. A claim can also assist in the payment of specialized equipment and therapy programs that may be necessary for the care of the child.

Hiring a local attorney for birth injuries is important because it can save you time travelling to and from 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 prior issues, negligence or malpractice.

Medical malpractice claims can be extremely complex and expensive, and many insurance companies attempt to avoid liability by blaming the victim the incident. A birth injury lawyer who has experience investigating cases can determine the circumstances, who was responsible, and the worth of the injury.

A lawyer is also able to take on the burden of preparing the case, which is often extremely time-consuming and requires expert testimony from doctors and other qualified experts. Lastly, a lawyer will 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 contact an attorney in Denver, the better. The attorney will investigate your claim and gather the evidence necessary to establish a solid compensation case. Medical records and expert witness statements and other documentation are essential to prove that your child's injury was caused by the medical professional's negligent actions. To learn more about the worth of your case, schedule a consultation today with an experienced Colorado birth injuries lawyer.