A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a baby is a joyous event. Mistakes in medical care during delivery and 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 assist parents to recover compensation for their child's lifelong medical needs. An application for compensation can be made at any time prior to the minor's 8th birthday.

The causes of birth injuries

Medical malpractice happens when a doctor or health care professional deviates from accepted medical standards and results in injury or death. Medical negligence during childbirth, which can result in astronomical medical expenses as well as the loss of income and inability to meet the basic needs of your child is among the most avoidable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can help you fight to ensure your child's right to compensation.

There are many kinds of birth injuries, but one of the most common involves oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also lead to developmental delays, impulsive behavior and learning issues.

Another kind of birth injury is nerve damage. This includes the brachial plexus which are nerves that run from the upper spine to the neck, shoulder and arm. These injuries can result in the loss of function in the hands, fingers, and arms. They can also lead to a condition known as Erb's palsy. These injuries are often caused by a condition that occurs during delivery called shoulder dystocia, in which the baby is stuck in the birth canal and forces are used to get the baby out. This could be due to the nurse, doctor, or midwife mishandling the situation and causing injuries to the brachialplexus.

Other injuries include a deficiency of blood flow to the fetus, inadequate oxygenation during labor and delivery and intubation that is not properly done or an obstruction of the airway, elevated bilirubin levels, and distress in the fetus. Fetal distress is often detected with a quick test, called the Apgar score, which evaluates the baby's breath, muscle tone, heart rate, and skin color after birth.

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

Medical Malpractice

Many birth injuries are the result of negligence or medical malpractice. These lawsuits assert that a nurse or doctor or midwife, or any other healthcare provider breached their obligation to care for the mother and child by their actions or inaction.

A lawyer can assist parents make a convincing case against a healthcare professional by looking over the medical records of the patient and obtaining expert witnesses. Medical professionals can provide evidence that demonstrates the way in which a healthcare professional's actions or inactions harmed the patient.

Most often, these experts will confirm that the doctor or other healthcare provider's actions were below the standards of care that are required in their field of expertise. They also provide their opinion on injuries that a healthcare professional could have prevented. The lawyer will then use this information to bargain with the doctor or hospital to settle the matter.

In many cases the hospital or doctor will offer a settlement prior the trial. They may settle to safeguard their reputation and avoid negative publicity. If the doctors or hospital refuse to settle, an attorney could make a claim for medical negligence in court.

When a lawsuit is filed parents will be the plaintiffs, while nurses, doctors and other medical professionals will become defendants. Lawyers will begin the process of discovery. This involves sharing all the evidence that supports the case. They also will take depositions, or sworn statements.

The lawyers will argue that the defendants acted negligently by not adhering to a certain standard of care in their work and that this negligence led to the injury of the child. They will ask for compensation for the costs incurred due to injuries, such as medical bills, lost wages and other expenses. A judge or jury can award additional damages including non-economic loss, such as pain and suffering. In certain cases of adversity juries or judges could also award punitive damages, which are designed to punish the defendants for their recklessness or apathy.

A seasoned Denver birth injury lawyer can help parents understand their rights and advocate for fair compensation 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

Victims can bring a lawsuit if a medical professional fails in their duty to provide a child or mother with the care during labour, pregnancy, and delivery. Injuries have life-altering effects. A birth injury lawyer can help families build a strong claim to recover the cost of medical bills as well as lost wages (if parents have to take time off to care for the child), and more.

Since the law in each state sets deadlines for when victims are able to file an action, it's essential to speak with a birth best injury lawyer near me attorney immediately following an alleged medical error that occurred during the delivery process. An experienced lawyer can help clients understand the timelines to file a claim and can also argue effectively for extensions, if necessary.

A lawyer can start building a strong case for damages once they have taken on the case. They will collect the evidence required. This may include the medical records of the mother and child, as well as 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 medical provider's actions were not in line with the standard.

Depending on the severity of a victim's injuries, the lawyer can also argue for compensatory damages. These damages can include both economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment in life. In some cases lawyers may seek punitive damages in order to punish the defendant and act as a deterrent for others.

Birth injury victims typically have multiple claims against a variety of defendants, including doctors, midwives, nurses, and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for negligence and who should face liability. The victim and his family will then be compensated up to the maximum. The amount granted in a successful medical malpractice suit is determined by state laws however, they may be inclusive of all personal and financial losses that result as a result of the injury.

Compensation

Birth injuries can range from minor traumas such as broken bones to serious injuries that impact the child's health over the long run. Some of the most severe medical birth injuries are cerebral palsy and hypoxic ischemic Encephalopathy (HIE). When a baby is deprived of oxygen the brain and other vital tissues are unable receive the nutrients needed to function effectively. There are a variety of factors that can lead to the loss of oxygen during labor and delivery which includes a lengthy or difficult pregnancy, as well as the use of vacuum during an uneasy birth.

A Denver birth injury lawyer near me lawyer can assist victims and their families to file a lawsuit against responsible parties for the harm incurred, such as medical expenses, lost wages, and pain and suffering. A claim could also be able to pay for any equipment or therapy program that is required to treat the child.

Hiring a local attorney for birth injuries is crucial since it will help you save time and effort traveling to and from meetings, court dates, and other legal procedures. A local law firm will also be more familiar with the medical experts and hospitals that were involved in the birth of your child. They will be more likely to know if they have any prior issues or a past history of 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 at fault, and the worth of the injury.

A lawyer will also be competent in the preparation of the case. This is a time-consuming process that requires the testimony of doctors and other professionals. A lawyer can also ensure that the statutes of limitation are met and that all the necessary medical records are collected prior to filing a lawsuit.

The earlier you get in touch with the Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney can get to work on investigating your claim and gathering the evidence to establish a convincing case for compensation. Medical documents and expert witness testimony and other evidence is necessary to prove that the harm your child sustained was caused by a doctor's negligence. Schedule a consultation with an experienced Colorado birth injury lawyer today to learn how much your case is worth.