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A Denver Birth Injury Attorney Can Help You File a Claim
The birth of a child is a joyful experience. However, medical mistakes during the birth process can cause serious birth injuries. These injuries can have long-lasting repercussions and significant financial costs for families.
A Denver birth injury lawyer can assist parents in obtaining the compensation they owe their child for his or her lifetime medical needs. An action is possible at any time before a minor's eighth birthday.
The causes of birth injuries
Medical malpractice happens when a doctor or health professional deviates from accepted medical practices and causes injury or death. Certain birth injuries can be prevented, and medical negligence during childbirth could result in astronomical medical costs as well as lost income and inability to provide for your child's requirements. A seasoned Denver birth injury lawyer like Laura Brown can help you fight for your child's rights to compensation.
There are many types of birth injuries, but one of the most prevalent involves oxygen deprivation (anoxia). This kind of birth injury attorney pittsburgh 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 georgia birth injury attorneys injury is nerve damage. This includes nerve damage in the brachialplexus, which run from the spine to the shoulder, arm and neck. These injuries can cause a loss of functionality in the hands, fingers, and arms. These injuries can also cause Erb's palsy. These injuries are typically caused by a problem that occurs during delivery called shoulder dystocia, where the baby gets stuck in the birth canal and forces are applied in order to deliver the child. This could be due to the nurse, doctor, or midwife mishandling the situation and causing injuries to the brachialplexus.
Other injuries include a lack of blood flow to the fetus, inadequate oxygenation during labor and delivery, improper intubation or obstruction of the airway, elevated levels of bilirubin, and distress of the fetus. Fetal distress can be detected by a quick test called the Apgar score. The test evaluates a newborn's skin color, breathing, muscle tone and heart rate following birth.
Some birth injuries need immediate medical attention while others might not be discovered until months or years after the baby's birth. For example, subgaleal hemorrhages or skull fractures are obvious, however many other birth injury attorney washington county injuries remain undiagnosed. For instance, brain imaging can reveal the presence of certain conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
Medical Malpractice
Many birth injuries are the result of negligence or medical malpractice. These lawsuits assert that doctors, nurses or midwife or any another healthcare professional violated their duty to look after the mother and child through their actions or failure to act.
A lawyer can assist parents build a strong case against a healthcare professional through studying the patient's medical records and obtaining expert witnesses. Medical professionals can provide evidence to demonstrate how the actions of a healthcare professional, or lack thereof, harmed a patient.
In most cases, these medical experts will testify that the doctor's or healthcare provider's actions were below the standards of care that are required in their area of expertise. They will also offer opinions regarding the injuries the healthcare provider should have been able to prevent. The lawyer will then use this information to bargain with the hospital or doctor for a settlement.
In many cases the hospital or doctor will offer a settlement prior to a trial. They may settle to protect their reputation and avoid negative publicity. If the doctors or hospital refuse to settle, an attorney can make a claim for medical negligence in court.
If a lawsuit has been filed, the parents become plaintiffs, and the nurses, doctors and other medical professionals become defendants. Lawyers will begin the process of discovery. This involves sharing all the evidence that supports the case. They will also take depositions or sworn statements.
The attorneys will argue that the defendants acted in a negligent manner by not adhering to the standards of care in their field and that their negligence resulted in 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 could award additional damages, including non-economic losses like suffering and pain. In some cases, juries or judges may 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 to understand their rights and fight for fair settlement to cover medical expenses, therapy costs and other expenses related to injuries. They can assist families in determining the full value of their losses, and make a claim for medical malpractice against the negligent healthcare providers.
Statute of Limitations
Victims can file a lawsuit in the event that a medical professional is not in their duty to provide an infant or mother with the care that is required during labour, pregnancy, and delivery. The injuries can have life-altering consequences. A birth injury lawyer can assist families in establishing an effective case to seek compensation for medical expenses and lost wages (if the parent has to be absent to take care of their child), and other damages.
Because state law sets deadlines for when victims are able to make claims, it is essential to speak with an attorney for birth injuries as soon as you can after a suspected medical error during the birth process. A skilled lawyer can help clients understand the timelines for filing a claim, and can also effectively argue for extensions if needed.
When a lawyer is assigned a case, they are able to begin constructing a strong argument to support the claim for damages by gathering the needed evidence. This can include medical documents of the mother and child, along with the testimony of experts. Experts can explain the standard of care in this type of scenario, and explain how the medical professional's actions differed from the norm.
The lawyer can also pursue compensation for damages, based on the extent of the injury. This could include non-economic as well as economic damages, like pain and suffering, emotional distress and loss of enjoyment of life, and so on. In certain cases lawyers may seek punitive damages to penalize the defendant and act as a warning for others.
Birth injury victims typically have multiple claims against different defendants, including 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 accountable. They can then seek the maximum compensation for the victim and their family. The total amount of damages granted in a successful medical malpractice suit is determined only by the state laws however, they may include all the financial and personal losses that result due to the accident.
Compensation
Birth injuries can range from minor abrasions such as broken bones to serious injuries that impact the child's health in the long-term. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When a baby suffers from oxygen deprivation, it blocks their brain and other vital organs from getting the nutrients they require to function properly. Many factors can cause oxygen deprivation during labor and delivery which includes a lengthy or difficult pregnancy, as well as the use of a vacuum during the birth process.
A Denver birth injury lawyer can assist families and victims file a lawsuit to get compensation for damages, including medical expenses, lost wages and pain and suffering. A claim could also help cover the cost of equipment and therapy programs that could be required to provide care for the child.
Employing a local attorney to deal with birth injuries is important because it will save you time traveling to and from meetings, court dates and other legal proceedings. Local law firms will also have a better understanding of the medical professionals involved in the birth of your child. They are more likely to know whether they have had any prior issues or a history of malpractice or negligence.
Medical malpractice claims can be complicated and expensive, and insurance companies often attempt to minimize liability by blaming the victims for injuries. A skilled birth injury lawyer can look into the situation and determine what occurred which party is responsible, and how much the damage is worth.
A lawyer will also be competent in the preparation of the case. This is a very lengthy process that requires the testimony of doctors and other experts. Additionally, a lawyer can ensure that the statute of limitations is met and that the proper medical records are collected before filing a lawsuit.
The sooner you speak to the Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The attorney will begin to work in investigating your claim and gathering the evidence to present a compelling claim for compensation. Medical documents as well as expert witness testimony and other evidence is necessary to prove that the injury the child suffered was caused by a doctor's negligence. To find out the value of your case, book a a consultation today with an expert Colorado birth injuries lawyer.