Denver Birth Injury Attorney Tips That Will Change Your Life

A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child is a joyful event. However, medical mistakes during the birth process can result in serious birth injuries. These injuries can have long-lasting consequences and a significant financial burden for families.

A Denver birth injury lawyer can assist parents in obtaining compensation for the lifetime care of their child. An action is possible at any time prior to a minor’s eighth birthday.

Causes of Birth Injuries

Medical malpractice is when doctors or other health professionals deviate from accepted medical standards which can result in injury or death. Medical negligence during childbirth, which can 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. Laura Brown, an experienced Denver birth injury lawyer, can assist you in fighting to ensure your child’s right to compensation.

Anoxia is among the most commonly occurring birth injuries. This type of birth injury can cause irreparable brain damage and impact the child’s mental, physical and emotional performance. It can also trigger developmental delays, impulsive behaviors and learning issues.

Another type of birth injury 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 lead to the loss of function in the hands, arms, and fingers. They can also lead to a condition called Erb’s palsy. These injuries are typically caused by a problem that occurs during delivery called shoulder dystocia, where the baby becomes stuck in the birth canal and forces are applied in order to bring the baby out. A doctor, nurse or midwife could fail to manage this situation and cause injury to the brachial plexus.

Other injuries include a lack blood flow to the foetus inadequate oxygenation during birth, inadequate intubation, airway obstructions, elevated bilirubin levels, and stress in the fetus. Fetal distress is often detected through a simple test called the Apgar score, which assesses the baby’s breathing, muscle tone, heart rate, and skin color after childbirth.

Certain birth injuries require immediate medical attention, while other injuries might not be discovered until months or even years after the baby’s birth. Injuries such as subgaleal hemorrhages and skull fractures are obvious, however many other birth injuries are not recognized. Brain imaging can reveal conditions such as cerebral palsy or hypoxic-ischemic brain encephalopathy.

Medical Malpractice

Many birth injuries are the result of negligence or medical malpractice. These lawsuits claim that doctors, nurses or other healthcare provider violated their duty to care for the mother and child by their actions or inability to act.

A lawyer can assist parents in constructing a solid case by looking over the medical records of the patient and retaining experts to testify. Medical professionals will give evidence to show the way in which a healthcare professional’s actions or inactions harmed the patient.

Medical experts typically declare that a doctor’s or other healthcare professional’s actions were short of the standards of care they provide for their particular area. They also offer their opinions on injuries that medical professionals should have been able to prevent. The lawyer will use this information to negotiate a settlement with the hospital or doctor.

In many cases the hospital or doctor will settle the matter prior to an investigation. They want to avoid negative publicity and may be willing to settle to protect their reputations. If the hospitals or doctors refuse to settle, a lawyer can bring a medical malpractice lawsuit in the court.

If a lawsuit is filed, the parents become plaintiffs, while doctors, nurses, and other medical professionals are defendants. Lawyers will begin the discovery process that involves sharing all information that supports the case. They also will take depositions, or sworn statements.

The lawyers will argue that the defendants committed a crime in not adhering to the standard of care that they must adhere to in their work and that their negligence led to the child’s injury. They will ask for compensation for injury-related expenses including medical bills as well as lost wages and other expenses. A judge or jury can award additional damages, including economic loss, like pain and suffering. In some egregious cases juries or judges can also award punitive damages, which are designed to punish the defendants for their recklessness or disregard.

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

Statute of limitations

If medical professionals fail to provide an infant or mother with the established standard of medical care during labor and birth, and the injuries lead to life-altering consequences the victims may bring an action. A birth injury lawyer can help families build a strong claim to get compensation for medical bills as well as lost wages (if the parent has to take time off work to care for the child) and much more.

Since the law in each state sets deadlines for when a victim can make an action, it’s essential to speak with a birth injury attorney as soon as you can after an alleged medical error that occurred during the birth process. A skilled lawyer can help clients understand the timeframe for filing a claim and also argue for extensions if required.

After a lawyer has taken on a case, they can begin to construct a strong argument to justify the claim for damages by gathering the necessary evidence. This could include medical documents of the mother and child, along with the testimony of experts. These experts can explain the standard of care in this type of situation, as well as explain how the medical professional’s actions differed from the norm.

The lawyer can also pursue compensatory damages, depending on the severity of the victim’s injuries. These damages could include economic and non-economic damages including pain and suffering, emotional distress, disability, AccidentInjuryLawyers and loss of enjoyment of life. In some instances, a lawyer may even seek punitive damages to penalize the defendant and act as a warning for others.

Birth injuries victims often have multiple claims against various defendants, including doctors, midwives, nurses and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for negligence and who is liable. They can then seek maximum compensation for the victim and their family. The total amount of damages awarded in a successful medical malpractice lawsuit is limited by state laws, but they can include all the financial and personal losses that occur due to the injury.

Compensation

Birth injuries can range from minor injuries 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 experiences oxygen deprivation, it prevents their brain and other vital organs from receiving the nutrients they need to function effectively. A variety of factors can lead to the loss of oxygen during labor and birth, including a long or complicated pregnancy and the use of a vacuum during an uneasy birth.

A Denver birth injury lawyer in Denver can assist families and victims make a claim to obtain compensation, including medical expenses as well as lost wages, suffering and pain. A claim could also be able to pay for any specialized equipment or therapy program that is required for the child’s treatment.

Finding a local attorney for birth injuries is essential because it can save you time travelling to and from meetings, court dates, and other legal proceedings. A local law firm will also be more familiar with the medical experts and hospitals that were involved in the birth of your child. They will be more likely to know whether they have had any prior issues or a past history of negligence or malpractice.

Medical malpractice claims can be complicated and costly, and insurance companies often try to avoid liability by blaming victims for accidents. A birth injury lawyer who has years of experience in investigating cases can determine the circumstances, who was at fault, and the worth of the injury.

A lawyer can also take on the task of preparing the case, which can be lengthy and requires expert testimony from doctors and other trained experts. Additionally, a lawyer can ensure that the statute of limitations is followed and that all the necessary medical records are obtained 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 investigate your claim and gather the evidence needed to create a strong compensation case. Medical records as well as expert witness testimony and other evidence are essential to prove that the injury your child sustained was caused by the negligence of a doctor. Contact an experienced Colorado birth injury lawyer today to determine the amount your case is worth.