A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child should be a joyful time. Medical mistakes during delivery and labor can lead to serious birth injuries. These injuries can have lifelong consequences and significant financial cost for families.

A Denver birth injury lawyer in Denver can help parents receive compensation for the ongoing care of their child. A claim can be made at any time prior to the child's 8th birthday.

Causes of Birth Injuries

Medical malpractice occurs when a physician or health care professional stray from the accepted medical guidelines and results in injury or death. Certain birth injuries can be prevented, and medical negligence during childbirth could result in astronomical medical costs, lost income, and inability to provide for 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, however one of the most prevalent involves oxygen deprivation (anoxia). This type of birth injury could cause irreparable brain damage and affect the child's mental, physical and emotional performance. It can also cause developmental delays, impulsive behavior, and learning difficulties.

Another form of birth injury is nerve damage. This includes nerve damage in the brachialplexus that extend from the spine to the arm, shoulder and neck. These injuries can result in a loss of function in the hands, arms and fingers. These injuries can also cause 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 birth the baby. A nurse, doctor, or midwife may mismanage 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, high bilirubin levels and fetal stress. Fetal distress can be detected through a simple test known as the Apgar score. The test evaluates the color of a newborn's skin, breathing, muscle tone, and heart rate after birth.

Certain birth injuries require immediate medical attention whereas others are not detected until months or even years following the baby's birth. For example, subgaleal hemorrhages or skull fractures are immediately obvious, but many other birth injuries are not recognized. Brain imaging can reveal issues like cerebral palsy or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Many birth injuries are the result of medical malpractice or negligence. These lawsuits assert that a doctor, nurse or other healthcare provider breached their obligation to take care of the mother and child through their actions or failure to act.

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 to prove that a healthcare professional's actions, or lack thereof, harmed a patient.

Often, these medical experts will testify that the doctor's or healthcare provider's actions were below the standards of care that are required in their specialty. They also provide opinions on the injuries that medical professionals should have been able to prevent. The lawyer 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 want to avoid negative publicity, and may accept a settlement to ensure their reputations. If the doctors or hospitals refuse to accept a settlement, a lawyer could make a claim for medical malpractice in court.

If a lawsuit is filed, parents will become plaintiffs and the doctors, nurses and other medical professionals will become defendants. Lawyers will begin the process of discovery. This includes sharing all the information that support the case. They will also take depositions, or sworn statements.

The lawyers will argue that the defendants acted in a negligent manner by not adhering to a standard of care for their profession and that the negligence caused the child's injuries. They will ask for compensation for the costs incurred due to injuries including medical bills, lost wages and other expenses. A jury or judge may award additional damages, including non-economic losses, like pain and suffering. In some egregious cases, juries or judges may also award punitive damages, which are intended to punish the defendants for their extreme carelessness or apathy.

A Denver birth injury lawyer can assist parents to understand and assert their rights and fight for fair compensation for medical expenses, therapy fees and other related costs to an injury. They can help families determine the full worth of their losses and make a claim for medical malpractice against the negligent healthcare providers.

Statute of limitations

If a medical professional fails to provide a baby or mother with the standards of medical care during labor and delivery, and the resulting injuries lead to life-altering consequences victims can file an action. A birth injury attorney near me injury attorney can help families to build a strong case to recover compensation for medical expenses, lost wages (if parents have to take time off to care for their child) as well as other damages.

A birth injury lawyer is important to contact as soon as possible in the event of a medical mistake during the delivery process. The law of the state has deadlines that victims must meet. An experienced lawyer will help clients understand the timelines to make a claim, and also argue effectively for extensions if required.

Once a lawyer takes on a case, they are able to 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. These experts can explain to the court the standard of care in this kind of situation, and also explain why the medical provider's actions did not conform to 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, like suffering and pain, emotional distress, disability as well as loss of enjoyment life, and Denver Birth Injury Attorney so on. In certain cases lawyers can seek punitive damages to penalize the defendant and act as a warning for others.

Birth injury victims usually have multiple claims, which can include against nurses, doctors and midwives. A birth injury law firm can conduct an investigation to determine who is responsible for the malpractice and who is accountable. They can then pursue maximum compensation for the victim and their family. The total amount of damages granted in a successful medical malpractice lawsuit is governed by state laws, but they can include all the personal and financial losses that have occurred as a result of the accident.

Compensation

Birth injuries can range from minor injuries like broken bones to serious injuries that impact the child's health in the long-term. Some of the most serious medical birth injuries are cerebral palsy and hypoxic Encephalopathy (HIE). If a child experiences oxygen deprivation, it prevents their brain and other vital organs from receiving the nutrients they require to function properly. A variety of factors can cause oxygen deprivation during labor and delivery which includes a lengthy or complicated pregnancy and the use of the vacuum during the birth process.

A Denver birth injury lawyer can help families and victims bring a lawsuit against accountable parties for the damages caused by the accident, such as medical bills, lost wages and suffering and pain. A lawsuit could also pay for any special equipment or therapy program that is required to treat the child.

Employing a local attorney to deal with birth injuries is crucial because it can save you time and effort traveling to and from meetings, court dates, and other legal proceedings. A local law firm is also more familiar with the medical specialists and hospitals involved in the birth of your child. They will be more likely to know if they have had any previous issues or had a previous history of negligence or malpractice.

Medical malpractice cases are complicated and costly, and Denver birth injury attorney insurance companies often attempt to minimize liability by blaming victims for accidents. A birth injury lawyer with expertise in investigating cases can identify what transpired, who was at fault, and the worth of the injury.

A lawyer will also be capable of handling the preparation of the case. This is a lengthy process that requires the testimony of doctors and other experts. Additionally, a lawyer can ensure that the statute of limitations is met and that the proper medical records are gathered prior to filing a lawsuit.

The sooner you contact a Denver birth injury attorney the sooner you can contact a Denver birth injury attorney pittsburgh injury attorney. The lawyer will investigate your claim and gather the evidence required to establish a solid claim for compensation. 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 the medical professional's negligent acts. Contact an experienced Colorado birth injury lawyer today to determine what your case's worth.