Families anticipate the birth of a child with excitement and high hopes. A birth injury affecting the mother or baby can dash those hopes and completely change the family’s vision for the future. A
Westminster personal injury lawyer from Postman Law can provide personal support and the legal leadership needed to get justice for a preventable injury.
The National Trial Lawyers has named Postman Law among the “Top 100.” When you partner with a birth injury lawyer in Westminster, you get top-quality service and representation. We truly want the best for your family.
When You May Have Grounds for a Medical Malpractice Claim
When medical professionals take you on as a patient, they also take on a legal obligation. This obligation is called a duty of care. They must provide care that meets the standards and quality reasonably expected of others in their field.
These reasonable expectations include listening to patients and not dismissing them. Staying current with medical developments, explaining treatment options and risks with transparency, and properly diagnosing, monitoring, and treating patients are additional examples. Of course, medical teams taking pregnant mothers and babies through the birth process share this obligation.
Regarding duty of care and medical negligence, what patients need to know is that care providers can fail to uphold their duty. If they do, patients can hold them accountable. A birth injury attorney in Westminster can fight for compensation for mothers or babies injured during birth.
For a free legal consultation with a birth injury lawyer serving Westminster, call 844-767-8626
Birth Injuries Can Affect Mothers and Babies
Giving birth is a natural process, but it can also come with high risks. Medical teams must monitor the mother and fetus throughout labor and must be prepared to deal with potential complications properly and safely should they arise.
In its information on birth trauma, the National Library of Medicine (NLM) defines it as physical and/or psychological injuries the person giving birth or the neonate experiences during the birth process. Maternal injuries include damage to pelvic organs, tears or lacerations that can lead to long-term complications, and life-threatening hemorrhaging.
Neonates can suffer scalp swelling, intracranial hemorrhaging, and broken bones. Babies can also sustain brachial plexus injuries or lack of oxygen to the brain. Both of these occurrences can have permanent effects on mobility and physical and cognitive development.
Westminster Birth Injury Lawyer Near Me 844-767-8626
How Negligence Can Cause Birth Injuries
It’s very important to understand the role of medical negligence during childbirth and to know your rights. Those affected deserve compensation for their medical costs and suffering. An injured mother or child might need continuing care, and your family should not face financial ruin to cover care expenses.
Postman Law will handle your case with respect and legal insight. A Westminster birth injury attorney will show you compassion while working aggressively to discover practitioners’ failures and hold them accountable. Often, birth injuries result from:
- Failing to recognize fetal distress
- Using medical equipment improperly
- Delaying C-sections
- Performing unnecessary C-sections
- Making errors when administering medications, such as those to induce labor
- Failing to provide adequate prenatal care
We’re here to help you get the financial justice you need to face the future with confidence.
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A Birth Injury Attorney in Westminster Can Fight for Justice
By partnering with us quickly, you give us the opportunity to collect evidence while it is still accessible. We can speak to witnesses, perhaps nurses or others who witnessed a care provider’s misconduct, before their memories fade or they face possible institutional pressure to remain silent.
Our team will collect thorough medical documentation and review care logs and consent forms. We will consult with medical experts and explore all additional sources of evidence as we build your claim. Medical malpractice is a type of personal injury claim, but there is a difference between personal injury and medical malpractice.
Specifically, you need to show the doctor-patient relationship existed and that the practitioner deviated from the standard of care others in their field would have demonstrated. An experienced Westminster birth injury lawyer knows how to meet these legal requirements.
Damages for a Medical Malpractice Claim
We fight to maximize damages. Economic damages compensate you for medical expenses and other financial costs. For example, you may need extended time off from work to recover. You may not be able to return to employment at all because of the injuries. We can fight for lost wages and lost future earnings. The injured party may need ongoing care, and economic damages can cover those costs.
Non-economic damages provide financial recognition of your physical and emotional pain and diminished quality of life. The other side will work to minimize your losses, but we will oppose their attempts and demand a full accounting.
Legal Deadlines and Special Procedures for Medical Malpractice Claims
There is a two–year deadline for filing most medical malpractice lawsuits in Colorado. Failing to meet this statute of limitations could cost you the opportunity for justice. Some situations warrant deadline extensions, so don’t assume you are without recourse on your own. We can review your case for free and determine if there is a way forward.
Birth injury and other medical malpractice claims require additional legal filings. You must submit a Certificate of Review within 60 days of filing your malpractice claim. This document must certify that a medical expert has reviewed your claim and believes it has legal merit. Colorado Civil Jury Instructions in Chapter 15: Professional Liability explain additional procedures.
If your claim is against a government-run facility, the window for filing is shorter, per the Colorado Government Immunity Act (CGIA). You have only 182 days to file a notice of claim, and then two years to file an actual lawsuit. The best way to avoid missing filing deadlines is to connect with an attorney quickly.
We Deliver on Our Promises
Many law firms promise results. At Postman Law, we don’t just promise. We deliver the best claim outcome possible. Contact us to schedule your free case consultation. A Westminster birth injury attorney from our team is here for you. We are on your side and ready to fight.