A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child is a joyful event. Mistakes in medical care during delivery and labor can cause serious birth injuries. These injuries can have lasting effects and can be costly for families.

A Denver birth injury lawyer can help parents recover the compensation they owe their child for his or her lifetime care needs. A claim can be filed any time before a minor's eighth birthday.

Birth Injury Causes

Medical malpractice happens when a doctor or health care professional stray from accepted medical standards and causes injury or death. Some birth injuries are preventable and medical negligence during childbirth can cause astronomical medical expenses or loss of income, as well as the inability to meet your child's needs. A seasoned Denver dallas birth injury attorney injury lawyer like Laura Brown can help you fight for your child's right to compensation.

Anoxia is among the most frequent birth injuries. This type of birth trauma can cause irreparable brain damage and alter a child's cognitive and physical functioning. It can also cause developmental delays, impulsive behavior and learning difficulties.

Another form of birth injury involves 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 result in the condition known as Erb's Palsy. These injuries are usually caused by a problem during the birth process known as shoulder dystocia, in which the baby is stuck in the birth canal and forces are applied in order to deliver the child. A doctor, nurse or midwife may mismanage this situation, causing injury to the brachial plexus.

Other injuries can include a deficiency in blood flow to the foetus, inadequate oxygenation during labor and birth, improper intubation, airway obstructions high bilirubin levels and stress in the fetus. Fetal distress is usually detected through a simple test called the Apgar score, which measures the newborn's breath, muscle tone as well as heart rate and skin color after birth.

Some birth injuries need immediate medical attention while others are not detected until months or even years following the baby's birth. The injuries like skull fractures or subgaleal hemorrhages are immediately obvious, but many other birth injuries are not recognized. Brain imaging can reveal conditions like cerebral palsy or hypoxic-ischemic encephalopathy.

Medical Malpractice

Medical negligence or malpractice is the main cause of birth injuries. These lawsuits assert 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 in constructing a strong case by looking over the medical records of a patient and obtaining experts to testify. Medical professionals can offer evidence to prove that a healthcare professional's actions, or inactions, hurt the patient.

In most cases, these medical experts will confirm that the doctor's or healthcare provider's actions were below the standard of care required for their specialty. They will also offer opinions regarding the injuries a healthcare provider could have done more to prevent. The lawyer will then use this information to negotiate with the doctor or hospital to reach a settlement.

In many instances doctors or hospitals will offer a settlement prior the trial. They wish to avoid negative publicity and may accept a settlement to ensure their reputations. If the hospital or doctors refuse to settle, an attorney can file a medical negligence lawsuit in court.

When the lawsuit is filed, parents will become plaintiffs, and the doctors, nurses and other medical professionals will become defendants. Lawyers will start the process of discovery, which involves sharing all information that can support the case. They will also make depositions, or sworn statements.

The attorneys will argue the defendants acted negligently by not adhering to a standard of care in their work and that this negligence caused the injury to the child. They will demand compensation for injury-related expenses like medical bills as well as lost wages and other expenses. A judge or jury can also award additional damages that include economic loss, like suffering and pain. In certain cases, juries and judges can also award punitive damages, which is meant to punish defendants for their extreme negligence or inattention.

An experienced Denver birth injury lawyer can assist parents to understand their rights and fight for fair compensation to cover medical costs as well as therapy costs and other related expenses. They can help families assess their full losses 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 standard of medical care during labor and delivery, and the injuries result in life-altering consequences, victims can pursue a lawsuit. A birth injury attorney can help families to build an effective case to seek compensation for medical expenses, lost wages (if the parent has to leave work to take care of their child) as well as other damages.

A birth injury lawyer is crucial to contact as soon as you can following a suspected medical mistake during the delivery process. The law of the state has deadlines for victims to meet. An experienced lawyer can help clients understand the timeline for filing a claim, and can also effectively argue for extensions if needed.

A lawyer can begin constructing an argument for damages that is strong after they have taken over the case. They will collect the evidence needed. This can include the medical records of the mother and child and the testimony of experts. Experts are able to explain to the court the standards of care for this type of situation, and also explain why the medical provider's actions weren't in accordance with the norm.

Based on the severity of the victim's injuries, a lawyer can also advocate for compensation damages. These could include non-economic and economic damages, including pain and suffering, disability, emotional distress, loss of enjoyment of life, and more. In some instances lawyers may seek punitive damages to penalize the defendant and act as a warning for others.

Birth injury victims typically have multiple claims against various defendants, such as doctors, nurses, midwives and other medical professionals. The lawyers of a birth injury firm can conduct a thorough investigation to determine which defendants are accountable for the lapses and who is accountable. The victim and his family can then be compensated up to the maximum. The total amount of damages granted in a successful medical malpractice lawsuit is limited only by the state laws, but they can include all the financial and personal losses that occur as a result of the injury.

Compensation

Birth injuries can range from minor injuries like broken bones to serious ones that affect a child's long-term health. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When an infant is deficient in oxygen, their brain and other vital tissues are unable to receive the nutrients needed to function properly. A variety of factors can cause oxygen deprivation during labor and delivery which includes a lengthy or complicated pregnancy as well as the use of a vacuum during a difficult birth.

A Denver birth injury lawyer can help families and victims to file a lawsuit against accountable parties for the damages incurred, such as medical bills, lost wages and suffering and pain. A claim may also pay for any special equipment or therapy program that is required for the child's treatment.

Employing a local attorney to deal with 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 specialists and hospitals that were involved in the birth of your child. They are more likely to be aware of any prior problems or issues with malpractice or negligence.

Medical malpractice claims can be extremely complex and expensive, and a lot of insurance companies attempt to avoid responsibility by blaming the victim for the incident. A experienced birth injury lawyer can investigate the case and determine what transpired, who is at fault, and how much the damage is worth.

A lawyer can also take on the burden of preparing the case which is often very time-consuming and requires expert testimony from doctors and other qualified professionals. Additionally, a lawyer can ensure that the statute of limitations is followed and that all the necessary medical records are obtained prior to filing an action.

The sooner you speak to a Denver birth injury lawyer the faster. The attorney can get to work on investigating your claim and gathering the evidence needed to build a strong case for compensation. Medical documents and expert witness testimony and other evidence are essential to prove that the injury the child suffered was the result of a doctor's negligence. To find out the value of your case, schedule an appointment with an experienced Colorado birth injury lawyer.