When a child suffers from hypoxic-ischemic encephalopathy (HIE), it impacts the entire family. You may be entitled to compensation for the costs associated with your child’s specialized care, which could provide financial relief. Working with a Thornton birth injury lawyer can make pursuing the compensation you may be entitled to much less complicated.
Medical Malpractice
All medical care providers have a duty to provide a reasonable standard of care to their patients. When they fail to provide this level of care, they are considered negligent. If this negligence results in injury to a patient, the patient may be entitled to compensation through a medical malpractice claim.
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Types of HIE Medical Malpractice Compensation in Colorado
When an infant’s brain is deprived of oxygen, even for a short time, this can lead to permanent damage, which can impact their entire life, making it vital to seek compensation for their injuries. Damages refer to monetary compensation you can receive due to an HIE medical malpractice claim.
In Colorado, the damage cap for overall damages is $1 million, with a $300,000 cap on noneconomic damages.
Compensatory Damages
Compensatory damages aim to put you in the position you would have been in if the malpractice had not happened. There are two types of compensatory damages:
- Economic damages include past and future medical bills, treatments, therapy, equipment for specialized care, and loss of earnings. These damages are easily quantifiable.
- Noneconomic damages include pain, suffering, reduced quality of life, and loss of future earning capacity. These damages are more difficult to quantify.
Punitive Damages
Punitive damages refer to an additional amount that the court can impose as punishment for the gross negligence that caused an injury. In Colorado, there is a cap on punitive damages, but the amount also cannot exceed the amount of any “actual damages” you are awarded.
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A Birth Injury Lawyer Consults a Network of Experts
One benefit of working with a Thornton hypoxic ischemic encephalopathy attorney is that they can consult a network of experts who can provide guidance regarding the potential future costs of medical care and treatment to assist you in valuing your claim. Specialists can help you determine the monetary value of your child’s lost ability to provide for themselves in the future. There are several professionals that your lawyer may consult before deciding on the amount of compensation to pursue:
Medical and Rehabilitation Experts
These experts are critical to your Thornton medical malpractice claim because they help determine the approximate level of future care and rehabilitation needed. Additionally, the Colorado code states that all medical malpractice suits must be accompanied by a certificate of merit, which must be signed by a medical expert in the same field as the defendant and state the reasonable grounds upon which your malpractice accusations are based.
Quality-of-Life Experts
Quality-of-life experts help place a monetary value on the future difficulties your child may face that can reduce their quality of life. These experts can help determine their specialized educational needs, the frequency of care they will require, and their future ability to work and earn money to support themselves. The quality-of-life specialists your Thornton hypoxic ischemic encephalopathy attorney may call on include:
- Special Education Experts to help you determine if your child will require specialized educational accommodations, or if they will be able to attend school.
- Vocational Experts to assist in assessing the financial impact of your child’s potential future inability to work and financially support themselves, which can reduce their quality of life.
- Economic Experts to adjust the claim value to account for inflation.
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The Time Limit to File Is State Regulated
In Colorado, most personal injury claims must be filed within two years and medical malpractice claims within three years. When a birth injury claim is filed on behalf of a child who was injured at birth, the statute of limitations may be extended. Speak to a lawyer to learn what time limit applies to your claim.
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Why It Is Important to File a Malpractice Claim
If your child suffered HIE due to the negligence of a medical care provider, it is important to file a medical malpractice suit to hold the medical care provider accountable for their negligence. These claims also remind medical care providers that they owe a legally binding duty to provide a reasonable standard of care to their patients.
A Thornton Hypoxic Ischemic Encephalopathy Lawyer Can Help Ease Your Burden
The parents of a child who suffered HIE must dedicate their time to caring for the child while balancing their responsibilities to the household and paying medical bills. The demands of a medical malpractice investigation and the required filing deadlines can quickly become overwhelming. An HIE attorney can offer some relief from these daunting and complex tasks.
If your child is permanently injured because of HIE due to a medical provider’s negligence, contact us for a free consultation with a birth injury lawyer to receive guidance specific to your claim. When you hire a Thornton, CO, hypoxic-ischemic encephalopathy attorney, representation will be on a contingency basis, so we do not get paid unless you do.
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