A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a child is a joyous event. However, medical errors during the labor and delivery process can cause serious birth injuries. These injuries can have lasting effects and can be costly for families.

A Denver birth injury lawyer can assist parents in obtaining the compensation they owe their child for his or her lifetime medical needs. A claim can be made at any time prior Denver Birth injury attorney to the minor's eighth birthday.

Causes of Birth Injury

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 could result in astronomical medical expenses as well as the loss of income and inability to meet the basic needs of your child, is one of the most preventable birth injuries. An experienced Denver birth injury lawyer such as Laura Brown can help you fight for your child's right to compensation.

Anoxia is among the most common birth injuries. This type of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also trigger developmental delays, impulsive behaviors and learning issues.

Another kind of birth injury is nerve damage. This includes nerve damage in the brachialplexus which run from the spine to the arm, shoulder and neck. These injuries can result in an impairment in the hands, arms, and fingers. These injuries can also lead to Erb's palsy. These injuries are usually caused by a condition that occurs during the birth process known as shoulder dystocia, in which the baby is stuck in the birth canal and forces are used to bring the baby out. This can be caused by the nurse, doctor or midwife not properly handling the situation and causing injuries to the brachialplexus.

Other injuries include a lack of blood flow to the fetus low oxygen levels during labor and delivery and intubation that is not properly done or an obstruction of the airway, elevated levels of bilirubin, and distress in the fetus. Fetal distress is often detected through a simple test called the Apgar score, which measures a newborn's muscle tone, breath as well as heart rate and skin color after childbirth.

Certain birth injuries require immediate medical attention, while other injuries might not be discovered until months or even years after the baby's birth. Injuries such as subgaleal hemorrhages or skull fractures are obvious, however many other birth injuries remain undiagnosed. For instance brain imaging may reveal the presence of 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 doctor, nurse 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 help parents in constructing a strong case by looking over the medical records of a patient and hiring expert witnesses. Medical professionals will give evidence to show how a healthcare provider's actions or inactions harmed the patient.

These experts in medicine often provide evidence that a doctor's the actions of a healthcare professional fell below the standards of care they provide for their particular area. They also offer their opinion on injuries that a healthcare professional could have prevented. The attorney will then use this information to bargain with the hospital or doctor for a settlement.

In many cases the hospital or doctor will settle the matter prior to a trial. They wish to avoid negative publicity and could accept a settlement to protect their reputations. If the hospitals or doctors refuse to settle, a lawyer can file a medical malpractice lawsuit in court.

When a lawsuit has been filed, the parents are plaintiffs, while nurses, doctors, and other medical professionals are defendants. Lawyers will start the process of discovery that involves sharing all the evidence that can support the case. They also will take sworn statements, or depositions.

The attorneys will argue the defendants were negligent in not adhering to a certain standard of care in their work, and that this negligence caused injury to the child. They will seek compensation for the costs incurred due to injuries including medical bills as well as lost wages and other expenses. A judge or jury could award additional damages, including non-economic losses like pain and suffering. In some cases, juries or judges may also award punitive damages that are designed to penalize the defendants for their recklessness or apathy.

A Denver birth injury attorney alamogordo nm injury lawyer can assist parents in understanding and asserting their rights and fight for fair settlement that covers medical costs therapy fees, as well as other injury-related costs. 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 medical professionals fail to provide a baby or mother with the appropriate standard of medical attention during labor, and delivery, and the resulting injuries cause life-altering effects the victims may file a lawsuit. A birth injury attorney can assist families in establishing an argument that is strong enough to win compensation for medical expenses, lost wages (if the parent has to leave work to take care of their child), and other damages.

A birth injury lawyer is essential to contact as soon as you can in the event of a medical mistake during the birth process. The law of the state stipulates deadlines that victims must meet. An experienced lawyer can help clients understand the timelines to make a claim, and also effectively argue for extensions, if necessary.

After a lawyer has taken on a case, they can begin constructing a strong argument to justify the claim for damages by gathering the needed evidence. This could include medical records of the mother as well as the child, along with the testimony of experts. Experts can explain the standard of care in this type of situation, and demonstrate how the medical provider's actions differed from the norm.

Depending on the severity of the victim's injuries, the lawyer can also argue for compensation damages. These may include non-economic as well as economic damages, like the cost of suffering and emotional distress, loss of enjoyment of life, and more. In some instances lawyers can seek punitive damages to penalize the defendant as well as serve as a warning to others.

birth injury attorney california injury victims typically have multiple claims, such as against nurses, doctors, and midwives. The lawyers at 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 can be awarded compensation up to the maximum amount. The amount awarded in a successful medical malpractice lawsuit is limited only by the laws of the state, but they can be inclusive of all personal and financial losses that result as a result of the injury.

Compensation

A birth injury can range from minor injuries like broken bones to more serious ones that affect a child's long-term health. Some of the most severe medical birth injuries include cerebral palsy and hypoxic ischemic cerebrovascular disease (HIE). When a baby is deprived of oxygen, their brain and other vital tissues are not able to get the nutrients they require to function properly. The deficiency in oxygen can be caused by a variety of causes during labor and delivery. 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 families and victims make a claim to obtain compensation, including medical expenses, lost wages and suffering. A claim could also cover the cost of any special equipment or therapy programs that are required to treat the child.

Finding a local attorney for birth injuries is important since it will help you save time traveling to and from meetings, 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 previous issues or had a past history of negligence or malpractice.

Medical malpractice claims can be extremely difficult and costly, and many insurance companies attempt to avoid liability by blaming the victim for the incident. A birth injury lawyer with expertise in investigating cases can identify what happened, the parties responsible, and the worth of the injury.

A lawyer is also able to take on the task of preparing the case, which is often very time-consuming and requires expert testimony from doctors and other trained professionals. Additionally, a lawyer can ensure that the statute of limitations is adhered to and that the correct medical records are obtained prior to filing a lawsuit.

The sooner you speak to the Denver birth injury attorney 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 build a strong case for compensation. Medical documents as well as expert witness statements and other documentation are essential to prove that your child's injury was the result of a doctor or other medical professional's negligent actions. To determine the value of your case, schedule an appointment today with an experienced Colorado birth injury lawyer.