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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child should be a joyous occasion. However, medical errors during the labor and delivery process can result in serious birth injuries. These injuries can cause lifelong repercussions and significant financial costs for families.

A Denver birth injury lawyer can help parents receive compensation for the ongoing care of their child. A claim can be made anytime prior to the minor's eighth birthday.

Causes of Birth Injury

Medical malpractice occurs when a physician or health professional deviates from accepted medical practices and causes injury or death. Some birth injuries are preventable, and medical negligence during childbirth could lead to astronomical medical bills or loss of income, as well as inability to provide for your child's requirements. A skilled Denver birth injury attorney like Laura Brown can help you fight for your child's rights to compensation.

There are a variety of birth injuries, however one of the most prevalent is oxygen deprivation (anoxia). This type of birth injury can cause irreparable brain damage that can affect the child's physical, mental, and emotional functioning. It can also cause the development of a child, impulsive behavior, and learning disabilities.

Another kind of birth injury is nerve damage. This includes the brachial plexus, 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 result in an illness called Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition that occurs when the baby gets stuck in the birth canal, and force is applied to deliver the baby. This could be due to the nurse, doctor or midwife not properly handling the situation, causing injury to the brachialplexus.

Other injuries can include a lack of blood flow to the fetus low oxygen levels during labor and delivery, improper intubation or obstruction to the airway, high levels of bilirubin, and distress in the fetus. Fetal distress can be identified by a quick test called the Apgar score. This test measures the newborn's skin color and breathing, muscle tone, and heart rate following birth.

Some birth injuries require immediate medical attention, while others may not be detected until months or even years after the baby's birth. Injuries such as subgaleal hemorrhages or skull fractures are immediately obvious, but many other birth injuries are not recognized. Brain imaging can reveal issues like cerebral palsy or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Medical negligence or malpractice is the main cause of birth injuries. These lawsuits claim that doctors, nurses, midwife or other healthcare provider breached their duty to care for the mother and child by their actions or failure to act.

A lawyer can assist parents make a convincing case against a healthcare professional through looking over the medical records of the patient and hiring experts to testify. These medical professionals will provide evidence to show the way in which a healthcare professional's actions or inactions harmed the patient.

Medical experts typically testify that a doctor's or the actions of a healthcare professional fell short of the standards of care for their speciality. They also provide opinions on the harms that medical professionals could have been able to avoid. The lawyer will make use of this information to negotiate a settlement with the hospital or doctor.

In many instances doctors or hospitals will offer a settlement before a trial. They want to avoid negative publicity, and may accept a settlement to protect their reputations. If hospitals or doctors refuse to accept a settlement, a lawyer could file a medical malpractice lawsuit in court.

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

The lawyers will argue that the defendants committed malpractice in not adhering to a standard of care in their field and that their negligence resulted in the child's injury. They will demand compensation for injuries-related expenses, such as medical bills, lost wages and other expenses. A judge or jury could award additional damages, such as non-economic losses, like suffering and pain. In certain cases juries and judges can also award punitive damage, which is intended to punish defendants for their recklessness or inattention.

A Denver birth injury lawyer in Denver can help parents understand and assert their rights and fight for fair compensation that covers medical costs, therapy fees and other injury attorneys near me-related costs. They can help families determine their total losses and make a claim against negligent healthcare providers.

Statute of Limitations

If a medical professional fails to provide an infant or mother with the standards of care during pregnancy, labor and delivery, and the injuries cause life-altering effects, victims can pursue an action. A birth injury attorney can assist families in building a strong case to recover compensation for medical expenses, lost wages (if the parent has to take time off to take care of their child), and other damages.

Since state law establishes deadlines for when victims can file a claim, it is essential to speak with an attorney for birth injuries as soon as you can after an alleged medical error that occurred during the delivery process. An experienced lawyer will help clients understand the timelines to file a claim and also successfully argue for extensions if required.

Once a lawyer takes on a case, they can begin to construct a strong argument to support the claim for damages by gathering the needed evidence. This may include the medical records of the mother and child as well as the testimony of experts. Experts are able to explain to the court the standards of care for this type of situation, and also explain why the actions of the medical professional weren't in accordance with the standard of care.

The lawyer can also pursue compensation damages, based on the extent of the injury. These damages may include economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment of the life. In certain cases lawyers may seek punitive damages to penalize the defendant and serve as a warning to others.

Victims of birth injuries often have multiple claims against different defendants, such as doctors, nurses, midwives and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for negligence and who is accountable. The victim and his family will then be compensated to the maximum amount. The amount awarded in a successful medical malpractice suit is determined only by the state laws, but they can be inclusive of all financial and personal losses that have occurred as a result of the injury.

Compensation

Birth injuries can range from minor injuries such as broken bones to serious injuries that can affect a child's health in the long run. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When a baby suffers from oxygen deprivation, it prevents their brain and other vital organs from getting the nutrients they need to function effectively. The deficiency in oxygen can be caused by a variety of factors during labor and birth. This includes a prolonged or complex pregnancy, and the use a vacuum during a particularly difficult birth.

A Denver birth injury attorneys lawyer in Denver can help victims and families bring a lawsuit in order to obtain compensation, including medical expenses, lost wages and suffering. A lawsuit can also help cover the cost of equipment and therapy programs that could be necessary for the care of the child.

Employing a local attorney to deal with birth injuries is essential because it can save you time traveling to and from meetings, court dates and other legal procedures. A local law firm will also be more familiar with the medical specialists and hospitals involved in your child's birth. They are more likely to be aware of any prior issues or malpractice or negligence.

Medical malpractice claims can be extremely difficult and expensive, and a lot of insurance companies attempt to avoid liability by blaming the victim for the incident. An experienced lawyer injury near me for birth injuries will investigate the case and determine what occurred which party is responsible and what the injury is worth.

A lawyer can also handle the burden of preparing the case which is often lengthy and requires expert testimony from doctors and other qualified experts. Additionally, a lawyer can ensure that the statute of limitations is met and that the proper medical records are gathered prior to filing a lawsuit.

The sooner you speak to an attorney in Denver the earlier you contact an attorney in Denver, the better. The attorney will review your claim and gather the evidence necessary to create a strong compensation case. The medical records and expert witness statements and other documentation are essential to show the injury suffered by your child was caused by the medical professional's negligent acts. To learn more about the worth of your case, set up a a consultation today with an experienced Colorado birth Injury Attorney Lawyer lawyer.