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Denver Birth Injury Attorney Can Help You File a Claim
Birthing a baby is a joyful event. Birth complications and medical errors during labor can lead to serious birth injuries. These injuries can have long-lasting effects and be costly for families.
A Denver birth injury lawyer can assist parents in obtaining compensation for their child's lifetime care needs. A claim can be filed at any time before a minor's eighth birthday.
The causes of birth injuries
Medical malpractice occurs when a doctor or health care professional stray from accepted medical standards and causes injury or death. Certain birth injuries can be prevented and medical negligence during childbirth could lead to astronomical medical bills as well as lost income and inability to meet your child's requirements. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to defend your child's rights to compensation.
Anoxia is one of the most common
birth injury medical malpractice attorney injuries. This kind of
fort smith birth injury attorneys injury can cause irreparable brain damage and affect the child's physical, mental and emotional performance. It can also trigger developmental delays, impulsive behavior, and learning difficulties.
Another form of birth trauma is nerve damage. This includes injuries to the brachial nerve which are nerves that extend 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. These injuries can also cause Erb's Palsy. These injuries are usually caused by a condition that occurs during the birth process known as shoulder dystocia, in which the baby is stuck in the birth canal and forces are applied to try to deliver the child. This can result from the nurse, doctor or midwife not properly handling the situation, causing injury to the brachialplexus.
Other injuries include a lack of blood flow to the fetus inadequate oxygenation during labor and birth as well as airway obstruction, elevated levels of bilirubin, and distress of the fetus. Fetal distress can be identified through a simple test known as the Apgar score. This test measures the newborn's skin color, muscle tone, breathing, and heart rate following birth.
Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby's birth. The injuries like skull fractures or subgaleal hemorrhages are obvious, however many other birth injuries go undiagnosed. Brain imaging can identify conditions like cerebral palsy, or hypoxic-ischemic encephalopathy.
Medical Malpractice
Medical malpractice or negligence is the reason for many birth injuries. These lawsuits assert that a doctor or nurse or midwife or another healthcare provider breached their obligation to care for the mother and child by their actions or inaction.
A lawyer can help parents build a strong case against a healthcare professional through studying the patient's medical records and hiring experts to testify. These medical professionals will provide evidence to show how a healthcare provider's actions or inactions hurt the patient.
Often, these medical experts will affirm that the doctor's or healthcare provider's actions were below the standards of care that are required in their area of expertise. They can also provide their opinions on the injuries that medical professionals could have done more to prevent. The attorney will then utilize this information to negotiate with the doctor or hospital for a settlement.
In many cases, the doctor or hospital will offer a settlement prior to an investigation. They wish to avoid negative publicity, and may be willing to settle to safeguard their reputations. If the hospital or doctor refuse to settle, an attorney can make a claim for medical negligence in court.
When a lawsuit has been filed, the parents are plaintiffs, while nurses, doctors, and other medical professionals are defendants. Lawyers will start the process of discovery that involves sharing all the evidence that supports the case. They will also conduct depositions, which are sworn statements.
The lawyers will argue that the defendants acted negligently by not adhering to a certain standard of care within their field and that their negligence caused injury to the child. They will request compensation for the losses resulting from the injury that include medical bills, lost earnings and other expenses. A jury or judge can also award additional damages that include non-economic loss, such as pain and suffering. In certain cases juries and judges can also award punitive damages, which is meant to punish defendants for their recklessness or inattention.
A Denver birth injury lawyer can assist parents to understand and assert their rights and fight for fair compensation that covers medical costs therapy fees, as well as other costs related to injuries. They can help families assess the total value of their losses, and pursue a medical malpractice lawsuit against negligent healthcare providers.
Statute of limitations
Victims are able to bring a lawsuit when a medical professional fails in their duty to provide a baby, or mother, with the care established during pregnancy, labour, and delivery. Injuries have life-altering effects. A birth injury lawyer can help families build a strong claim to recover the cost of medical bills and lost wages (if the parent has to take time off work to care for the child) and more.
A birth injury lawyer is essential to contact as soon as possible following a suspected medical mistake during the birth process. The law of the state stipulates deadlines that victims must adhere to. An experienced lawyer can help clients understand the timelines to make a claim, and also successfully argue for extensions if required.
Once a lawyer takes on the case, they will begin constructing a strong argument to justify the claim for damages by gathering the required evidence. This could include medical records of the mother as well as the child, as well as the testimony of experts. Experts are able to explain to the court the standards of care in this kind of scenario and explain how the medical provider's actions did not conform to the standard of care.
Depending on the severity of a victim's injuries, the lawyer can also argue for compensation damages. These damages could include economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment of the life. In some cases lawyers can seek punitive damages to penalize the defendant and serve as a warning to others.
Birth injuries victims often have multiple claims against a variety of defendants, including doctors midwives, nurses, and other medical professionals. The lawyers at a birth injury firm can conduct an exhaustive investigation to determine who are accountable for the lapses and who is liable. They can then seek the maximum compensation for the victim and their family. The total amount granted in a successful medical malpractice lawsuit is governed only by the laws of the state but they are able to include all the personal and financial losses that have occurred due to the accident.
Compensation
Birth injuries can range from minor traumas like broken bones to serious injuries that can affect a child's health in the long run. Some of the most severe medical birth injuries include cerebral palsy and hypoxic ischemic cerebrovascular disease (HIE). When an infant experiences oxygen deprivation, this stops their brain and other vital organs from receiving the nutrients they require to function properly. The lack of oxygen can be caused by a range of factors during labor and delivery. This can be caused by a long or complex pregnancy, and the use a vacuum during an especially difficult birth.