A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby should be a joyful time. However, medical mistakes during the labor and delivery process can cause serious birth injuries. These injuries can have long-lasting consequences and a significant financial burden for families.

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

Causes of Birth Injury

Medical malpractice occurs when doctors and other health professionals stray from accepted medical practices, causing injury or death. Certain birth injuries can be prevented, 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. Laura Brown, an experienced Denver birth injury lawyer can help you fight to ensure your child's right to compensation.

Anoxia is among the most frequent birth injuries. This type of birth good injury lawyers near me can cause irreparable brain damage and impact the child's physical, mental and emotional performance. It can also cause delay in development, impulsive behavior and learning difficulties.

Another form of birth trauma is nerve damage. This includes injuries to nerves in the brachialplexus that run from the spine to the arm, shoulder and neck. These injuries can cause the loss of function in the hands, fingers, and arms. They can also result in a condition known as Erb's Palsy. These injuries are caused by shoulder dystocia. This is a condition in which the baby becomes stuck in the birth canal and force is used to deliver the baby. A nurse, doctor or midwife may mismanage this situation and cause injury to the brachial plexus.

Other injuries can include a lack of blood flow to the fetus poor oxygenation during labor and birth and intubation that is not properly done or an airway obstruction, elevated bilirubin levels, and fetal distress. Fetal distress is often detected with a quick test, known as the Apgar score, which measures a newborn's muscle tone, breath heart rate, breathing, and the color of the skin after childbirth.

Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby's birth. For example, skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injuries go undiagnosed. For instance brain imaging can show 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 assert that the doctor, nurse or midwife or any other healthcare provider breached their duty to look after the mother and child by their actions or failure to act.

A lawyer can help parents build a strong case against a healthcare professional through reviewing the patient's medical records and obtaining experts to testify. Medical professionals can offer evidence to prove that a healthcare professional's actions, or inactions, hurt a patient.

Often, these medical experts will affirm that the doctor's or healthcare provider's actions fell below the standard of care required for their specialty. They also provide their opinions on injuries that medical professionals could have prevented. The lawyer will utilize this information to negotiate a settlement with the hospital or doctor.

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

When a lawsuit is filed the parents will become the plaintiffs, and the nurses, doctors and other medical professionals will become defendants. Lawyers will begin the discovery process. This involves sharing all the evidence that can support the case. They also will take depositions which are sworn declarations.

The lawyers will argue that the defendants committed a crime in not adhering to the standard of care for their profession and that their negligence resulted in the child's injury attorneys near me. They will seek compensation for the costs incurred due to injuries like medical bills, lost wages and other expenses. A judge or jury could 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 designed to punish the defendants for their recklessness or inattention.

An experienced Denver birth injury attorney can assist parents in understanding their rights and fight for fair compensation to cover medical costs, therapy expenses and other injury attorney lawyer-related expenses. They can help families assess their total losses and bring a lawsuit against negligent healthcare providers.

Statute of Limitations

If medical professionals fail to provide a baby or mother with the established standard of care during pregnancy, labor, and delivery, and the resulting injuries result in life-altering consequences, victims can file a lawsuit. An attorney injury Lawyer for birth injuries can help families to build an effective case to seek compensation for medical expenses and lost wages (if the parent needs to leave work to care for their child) and other damages.

A birth injury attorneys lawyer is important to contact as quickly as is possible in the event of a medical mistake during the delivery process. The law of the state has deadlines for victims to meet. A skilled lawyer can help clients understand the timeframe for filing a claim and can also effectively argue for extensions when needed.

A lawyer can begin to build an effective case for damages after they have taken over the case. They will collect the evidence required. This can include the mother's and child's medical records, as well as the testimony of experts. These experts can explain to the court the standards of care in this type of scenario and explain how the actions of the medical practitioner weren't in accordance with the norm.

The lawyer can also pursue compensation damages, based on the degree of the victim's injuries. These could include both non-economic and economic damages, such as suffering and pain, emotional distress as well as loss of enjoyment life, and many more. In some instances, a lawyer may even seek punitive damage to punish the defendant as well as serve as a warning to others.

Birth injury victims typically have multiple claims against a variety of defendants, including doctors, midwives, nurses, and other medical professionals. The lawyers of a firm that handles birth injuries can conduct an exhaustive investigation to determine which defendants are accountable for the lapses and who is liable. They can then seek maximum compensation for the victim and their family. The amount that can be awarded in a successful medical malpractice lawsuit is limited by state laws, but they can include all personal and financial losses that have occurred due to the injury.

Compensation

Birth injuries can be anything from minor, like broken bones to more serious injuries that impact a child's health. Some of the most serious medical birth injuries include cerebral palsy and hypoxic Encephalopathy (HIE). When a baby is deprived of oxygen, their brain and other vital tissues are unable get the nutrients they require to function effectively. The lack of oxygen can be caused by a range of causes during labor and birth. This includes a prolonged or complex pregnancy, and the use a vacuum during a particularly difficult birth.

A Denver birth injury lawyer can help families and victims file a lawsuit against the responsible parties for the damages that result from the injury, including medical bills, lost wages and suffering and pain. A lawsuit can also assist in the payment of equipment and therapy programs that might be required for the child's care.

It's important to hire an attorney for birth injuries in your area since it will decrease the amount of time needed to be spent traveling between meetings with court dates, court dates, and other legal procedures. A local law firm will also be more familiar with the medical experts and hospitals that were involved in your child's birth. They will be more likely to know if they have had prior issues or a history of malpractice or negligence.

Medical malpractice claims are complex and expensive insurance companies typically try to avoid liability by blaming the victims for injuries. An experienced lawyer for birth injuries can investigate the case and determine what happened and who was at fault and what the injury is worth.

A lawyer is also able to take on the burden of preparing the case which is often very time-consuming and requires expert testimony from doctors and other trained professionals. A lawyer will also ensure that the statutes of limitation are adhered to and that all the necessary medical records are collected prior to filing a lawsuit.

The earlier you get in touch with an attorney in Denver the earlier you contact an attorney in Denver, the better. The attorney will begin to work on investigating your claim and gathering the evidence needed to present a compelling case for compensation. Medical records as well as expert witness testimony and other evidence are essential to prove that the harm the child suffered was caused by a doctor's negligence. Contact an experienced Colorado birth injury lawyer today to learn how much your case is worth.