A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child should be a joyous occasion. Birth complications and medical errors during labor can result in serious birth injuries. These injuries can have lasting effects and can be costly for families.

A Denver birth injury lawyer can help parents recover compensation for their child's lifelong care needs. The claim can be filed at any time prior to the minor's eighth birthday.

Causes of birth injuries

Medical malpractice occurs when doctors or other health care professionals deviate from the accepted medical guidelines which can result in injury or death. Medical negligence during childbirth, which could result in massive medical expenses, lost income and the inability to provide for your child's basic needs, is one of the most preventable birth injuries. An experienced Denver birth injury attorney like Laura Brown can help you fight for your child's right to compensation.

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

Another form of birth trauma is nerve damage. This includes the brachial plexus which are nerves that run from the upper spine to the shoulder, neck, and arm. These injuries can lead to an impairment in the fingers, hands and arms. These injuries may also lead to Erb's palsy. These injuries are usually caused by a condition that occurs during delivery called shoulder dystocia, in which the baby is stuck in the birth canal and forces are applied in order to bring the baby out. A nurse, doctor, or midwife may mismanage this situation and injure the brachial plexus.

Other injuries include a deficiency of blood flow to the fetus, low oxygen levels during labor and delivery, improper intubation or obstruction to the airway, high levels of bilirubin, and distress of the fetus. Fetal distress can be diagnosed through a simple test known as the Apgar score. This test assesses a newborn's skin color and muscle tone, breathing, and heart rate after birth.

Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby is born. Injuries such as subgaleal hemorrhages or skull fractures are easily identifiable, but many other birth injuries remain undiagnosed. Brain imaging can identify conditions like cerebral palsy or hypoxic-ischemic brain encephalopathy.

Medical Malpractice

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

A lawyer can aid parents in building a strong case by looking over the medical records of the patient and hiring experts to testify. Medical professionals can provide evidence to prove that the actions of a healthcare professional, or inactions, hurt the patient.

Medical experts typically testify that a doctor's or other healthcare professional's actions were below the standards of care for their speciality. They can also provide their opinions on the injuries that medical professionals could have been able to avoid. The attorney will then use this information to negotiate with the hospital or doctor to reach a settlement.

In many instances the hospital or doctor will offer a settlement before the trial. They are trying to avoid negative publicity and may be willing to settle to protect their reputations. If the hospital or doctor refuse to accept a settlement, an attorney may bring a medical negligence lawsuit in court.

If a lawsuit has been filed, the parents are plaintiffs, and the doctors, nurses and denver birth Injury Attorney other medical professionals are defendants. Lawyers will start the process of discovery that involves sharing all information that can support the case. They will also make depositions or sworn statements.

The attorneys will argue the defendants committed negligence by not adhering to a certain standard of care in their work, and that this negligence caused the injury to the child. They will request compensation for the injury-related losses that include medical bills, lost earnings and other expenses. A judge or jury could decide to award additional damages, which could include economic losses, such as pain and suffering. In certain instances, juries and judges can also award punitive damages which is meant to punish defendants for their recklessness or disregard.

A Denver birth injury lawyer can help parents understand and assert their rights and fight for fair compensation that covers medical costs as well as therapy costs and other costs related to injuries. They can assist families in determining their losses to the fullest extent and bring a lawsuit against negligent healthcare providers.

Statute of limitations

If a medical professional fails to provide an infant or mother with the established standards of care during pregnancy, labor, and delivery, and the injuries result in life-altering consequences, victims can bring a lawsuit. A birth injury lawyer can help families file a successful claim to obtain compensation for medical expenses and lost wages (if the parent has to be absent from work to take care of the child) and much more.

Since state law establishes deadlines for when victims can make an action, it's important to contact a birth injury attorney immediately following the occurrence of a medical error in the birth process. An experienced lawyer can help clients understand the timelines to make a claim, and also successfully argue for extensions if required.

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 can include the mother's and child's medical records, as well as the testimony of experts. Experts are able to explain to the court the proper standard of care in this kind of scenario and explain how the actions of the medical practitioner did not conform to the standard of care.

Based on the severity of the victim's injuries, the lawyer may also be able to argue for compensation damages. This could include non-economic as well as economic damages, like the cost of suffering and disability, emotional distress and loss of enjoyment of life, and so on. In certain cases, the lawyer can even demand punitive damages to punish the defendant and act as a deterrent to others.

Birth injury victims typically have multiple claims against various defendants, such as doctors, nurses, midwives and other medical professionals. The lawyers at a birth injury attorney washington county injury firm will conduct an exhaustive investigation to determine which defendants are accountable for the lapses and who is liable. They can then seek the maximum compensation for the victim and their family. The state laws limit the total amount of damages that can be awarded in a medical negligence lawsuit, but it can include all financial and personal losses as a result.

Compensation

Birth injuries can be anything from minor, like broken bones to more serious ones that impact a child's health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant experiences oxygen deprivation, it prevents their brain and other vital organs from receiving the nutrients they need to function properly. Many factors can cause deficiency of oxygen during labor and birth such as a prolonged or complicated pregnancy and the use of vacuum during an uneasy birth.

A Denver birth injury lawyer in Denver can help victims and families make a claim to obtain compensation, including medical expenses, lost wages and pain and suffering. A claim may also cover the cost of any special equipment or therapy programs that are required for the child's treatment.

It is essential to work with an attorney who is local to your area as it will cut down on the amount of time that has to be spent traveling between appointments as well as 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 any prior issues, malpractice or negligence.

Medical malpractice cases are complicated and costly insurance companies frequently try to avoid liability by blaming the victims for injuries. A experienced birth injury lawyer will investigate the case and determine what happened, who is at fault, and how much the damage is worth.

A lawyer is also able to take on the burden of preparing the case, which can be lengthy and requires expert testimony from doctors and other experts. A lawyer will also ensure that the statutes of limitation are met and that all necessary medical records are collected prior to filing an action.

The sooner you speak to an Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The lawyer will investigate your claim and gather the evidence needed to build a strong claim for compensation. Medical records and expert witness testimony and other documentation is essential to prove that the harm your child sustained was the result of a doctor's negligence. Schedule a consultation with an experienced Colorado birth injury lawyer today to find out what your case's worth.