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 lead to serious birth injuries. These injuries can have long-lasting effects and can be costly for families.

A Denver birth injury lawyer can assist parents in obtaining compensation for their child's lifelong care needs. The claim can be filed anytime prior to the minor's 8th birthday.

The causes of birth injuries

Medical malpractice occurs when doctors or other health professionals stray from accepted medical practices which can result in best injury lawyers or death. Medical negligence during childbirth, which could result in massive medical expenses as well as the loss of income and inability to provide for your child's basic needs, is one of the most avoidable birth injuries. A skilled Denver birth injury lawyer such as Laura Brown can help you fight for 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 trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also trigger delay in development, impulsive behavior and learning difficulties.

Another form of birth trauma is nerve damage. This includes injuries to the brachial nerve which are nerves that run from the upper spine to the neck, shoulder and arm. These injuries can cause a loss of functionality in the fingers, hands and arms. They may also cause an illness known as Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition where the baby becomes stuck in the birth canal and force is applied to help deliver the baby. This can be caused by nurses, doctors or midwife not properly handling the situation and injuring 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 of the fetus. Fetal distress is often detected through a simple test known as the Apgar score, which evaluates the baby's muscle tone, breath as well as heart rate and the color of the skin after birth.

Some birth injuries require immediate medical attention, while others aren't apparent until months or even years after the baby's birth. The injuries like skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injuries remain undiagnosed. Brain imaging can reveal issues like cerebral palsy or hypoxic-ischemic brain encephalopathy.

Medical Malpractice

Medical malpractice or negligence is the cause of many birth injuries. These lawsuits claim that doctors, nurses or midwife or any another healthcare professional violated their duty to care for the mother and child through their actions or inability to act.

A lawyer can assist parents in constructing a strong case by analyzing the medical records of the patient and obtaining expert witnesses. Medical professionals can provide evidence to show the way in which a healthcare professional's actions or lack of action harmed the patient.

These experts in medicine often declare that a doctor's or another healthcare provider's actions fell below the standards of care they provide for their particular area. They can also provide their opinions regarding the injuries the healthcare provider could have done more to avoid. The attorney will then utilize this information to negotiate with the doctor or hospital to reach a settlement.

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

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

The attorneys will argue that the defendants acted in a negligent manner by failing to adhere to the standards of care that they must adhere to in their work and that the negligence caused the child's injuries. They will demand compensation for injury law firm-related expenses like medical bills or lost wages, among other expenses. A judge or jury may award additional damages, such as non-economic losses like pain and suffering. In certain cases of adversity, juries or judges may also award punitive damages which are designed to punish the defendants for their recklessness or apathy.

An experienced Denver birth injury attorney can assist parents to understand their rights and advocate for fair settlement to cover medical expenses, therapy expenses and other related expenses. They can assist families in determining the full worth of their losses and file a medical malpractice lawsuit against the negligent healthcare providers.

Statute of limitations

If a medical professional fails to provide a baby or mother with the standard of medical care during labor, and birth, and the injuries cause life-altering effects the victims may bring an action. An attorney for birth injuries can assist families in establishing a strong case to recover compensation for medical expenses, lost wages (if the parent needs to leave work to take care of their child) as well as other damages.

Since state law establishes deadlines for when victims can file claims, it is important to contact an attorney for birth injuries as soon as possible after a suspected medical error during the birth process. An experienced lawyer will help clients understand the timelines to file a claim and also argue effectively for extensions if needed.

A lawyer can begin constructing a strong case for damages after they have decided to take on the case. They will collect the necessary evidence. This could include medical records of the mother and child, as well 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.

Based on the severity of a victim's injuries, the lawyer can also advocate for compensatory damages. These may include non-economic as well as economic damages, like pain and suffering, disability, emotional distress as well as loss of enjoyment life, and more. In certain cases lawyers may seek punitive damages in order to penalize the defendant and act as a deterrent for other people.

Birth injuries victims often have multiple claims against various defendants, including doctors, midwives, nurses and other medical professionals. A birth injury law firm can conduct an investigation to determine who is responsible for negligence and who is accountable. They can then seek the maximum compensation for the victim and their family. The laws of the state restrict the amount of damages that can be awarded in a medical malpractice lawsuit, but it could 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 can 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. If a child is deficient in oxygen their brain and other vital tissues are unable receive the nutrients required to function properly. The deficiency in oxygen can be caused by a range of causes during labor and delivery. These include a long or complex pregnancy, and the use of a vacuum during a particularly difficult birth.

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

Finding a local attorney for birth injuries is important because it can save you time traveling to and from meetings, court dates and other legal proceedings. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. They are more likely to be aware of whether they have had any previous issues or had a history of malpractice or negligence.

Medical malpractice cases are complicated and expensive, and insurance companies often try to avoid liability by blaming victims for the accidents. A experienced birth injury lawyer can investigate the case and determine what occurred which party is responsible and what the damage is worth.

A lawyer is also able to take on the task of preparing the case, which is usually extremely time-consuming and requires expert testimony from doctors and other qualified professionals. A lawyer can also ensure that the statutes of limitations are observed and that all medical records are obtained prior to filing an action.

The earlier you get in touch with an attorney in Denver the sooner you can get in touch with an attorney in Denver. The attorney will review your claim and gather the evidence necessary to establish a solid compensation case. The medical records, expert witness statements, and other evidence are crucial to prove that your child's injuries were caused by an medical professional's negligent actions. Contact an experienced Colorado birth injury lawyer today to learn how much your case is worth.