A Denver Birth Injury Attorney Can Help You File a Claim
Birthing a child is a joyful experience. Medical mistakes during delivery and labor can cause serious birth injuries. These injuries can have lifelong consequences and a significant financial burden for families.
A Denver birth injury lawyer can assist parents to recover compensation for their child's lifetime requirements for care. A claim can be made anytime prior to the child's 8th birthday.
Causes of Birth Injury
Medical malpractice occurs when a doctor or health professional deviates from accepted medical standards and results in injury or death. Medical negligence during childbirth, which may result in massive medical expenses as well as the loss of income and inability to meet the basic needs of your child, is one of the most preventable birth injuries. An experienced Denver birth injury lawyer such as Laura Brown can help you fight for your child's right to compensation.
Anoxia is among the most commonly occurring birth injuries. This kind of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also lead to developmental delays and impulsive behavior as well as learning disabilities.
Another form of birth injury involves nerve damage. This includes injuries to the brachial nerve, which are nerves that run from the upper spine to the shoulder, neck and arm. These injuries can lead to the loss of function in the hands, arms and fingers. They may also cause the condition called Erb's palsy. These injuries are typically caused by a problem during the birth process known as shoulder dystocia, where the baby becomes 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 can include a deficiency in blood flow to the foetus, inadequate oxygenation during birth and labor, improper intubation, airway obstructions, high bilirubin levels and fetal stress. Fetal distress can be diagnosed by a simple test called the Apgar score. This test assesses a newborn's skin color and breathing, muscle tone and heart rate following birth.
Some birth injuries require immediate medical attention, whereas others may not be detected until months or even years after the baby is born. The injuries like skull fractures or subgaleal hemorrhages are immediately obvious, but many other birth injuries are not recognized. For instance brain imaging can show the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Medical negligence or malpractice is the reason for many birth injuries. These lawsuits assert that a nurse or doctor or midwife or another healthcare provider failed in their duty of care to the mother and child by their actions or inaction.
A lawyer can assist parents make a convincing case against a healthcare professional by studying the patient's medical records and obtaining experts to testify. These medical professionals will provide evidence that demonstrates how the actions of a healthcare professional or lack of action harmed the patient.
These medical experts often declare that a doctor's or the actions of a healthcare professional fell short of the standards of care they provide for their particular area. They can also provide their opinions on the harms that the healthcare provider could have been able to prevent. The attorney will then use this information to negotiate with the hospital or doctor to settle the matter.
In many instances the hospital or doctor will offer a settlement before the trial. They might settle to protect their reputation and avoid negative publicity. If the hospital or doctor refuse to settle, an attorney could make a claim for medical negligence in court.
When a lawsuit has been filed, the parents are plaintiffs, and doctors, nurses and other medical professionals become defendants. Lawyers will begin the discovery process, which involves sharing all information that can support the case. They also will take depositions which are sworn statements.
The attorneys will argue the defendants were negligent in not adhering to a standard of care in their profession and that this negligence caused injury to the child. They will request compensation for the losses resulting from the injury, which include medical bills, lost earnings and other expenses. A judge or jury can award additional damages, including economic loss, like suffering and pain. In some cases juries and judges may also award punitive damage, which is intended to punish defendants for their recklessness or disregard.
A Denver birth injury lawyer in Denver can help parents understand and assert their rights and fight for fair compensation for medical expenses as well as therapy costs and other costs related to injuries. They can assist families in determining their losses to the fullest extent and make a claim against negligent healthcare providers.
Statute of Limitations
If a medical professional fails to provide a baby or mother with the appropriate standards of medical attention during labor and birth, and the injuries result in life-altering consequences the victims may bring an action. A birth injury lawyer can help families file a successful claim to get compensation for medical bills and lost wages (if a parent must leave work to take care of the child) and more.
A birth injury lawyer is essential to contact as soon as you can following a suspected medical mistake during the delivery process. State law has deadlines that victims must meet. An experienced lawyer will assist clients in understanding the timeframe to make a claim, and also effectively argue for extensions if needed.
When a lawyer is assigned a case, they can begin constructing a strong argument to support the claim for damages by gathering the necessary evidence. This may include the medical records of the mother and child, as well as the testimony of expert witnesses. These experts can provide an explanation of the standard of care in this particular scenario, and explain how the medical professional's actions deviated from the standard.
The lawyer can also seek compensation for damages, based on the degree of the victim's injuries. This could include non-economic and economic damages, such as the cost of suffering and emotional distress, disability and loss of enjoyment of life, and more. In certain cases the lawyer may demand punitive damages to punish the defendant and act as a deterrent for others.
Birth injuries victims often have multiple claims against various defendants, such as doctors, nurses, midwives and other medical professionals. A birth injury law firm can conduct an investigation to determine who is responsible for the malpractice and who is liable. The victim and his family will be awarded compensation up to the maximum. The amount granted in a successful medical malpractice lawsuit is governed only by the laws of the state, but they can include all the financial and personal losses that result as a result of the accident.
Compensation
A birth injury can range from minor injuries like broken bones to serious ones that can affect a child's long-term health. Some of the most severe medical birth injuries include cerebral palsy as well as hypoxic ischemic encephalopathy (HIE). When a baby is deprived of oxygen, their brain and other vital tissues are unable receive the nutrients needed to function properly. chicago birth injury attorneys of oxygen can be caused by a range of causes during labor and delivery. This can be caused by a long or complex pregnancy, as well as the use of a vacuum during a difficult birth.
A Denver birth injury lawyer can help victims and families bring a lawsuit in order to recover damages, such as medical expenses, lost wages and suffering. A claim may also pay for any specialized equipment or therapy programs necessary to treat the child.
Employing a local attorney to deal with birth injuries is essential because it can save you time travelling to and from 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 be aware of whether they have had any prior issues or history of malpractice or negligence.
Medical malpractice claims can be complicated and expensive, and insurance companies often attempt to minimize liability by blaming victims for accidents. An experienced lawyer for birth injuries can investigate the case and determine what transpired and who was at fault and what the injury is worth.
A lawyer will also be capable of handling the preparation of the case. This is a very time-consuming process that requires testimony of doctors and other professionals. Additionally, a lawyer can ensure that the statute of limitations is adhered to and that the correct medical records are collected before filing a lawsuit.
The sooner you speak to an Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The attorney will review your claim and gather the evidence needed to create a strong claim for compensation. Medical records and expert witness statements and other documentation are essential to show that your child's injuries were the result of the medical professional's negligence. To determine the value of your case, schedule a consultation today with an expert Colorado birth injuries lawyer.