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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby is a joyful event. However, medical errors during the birth process can result in serious birth injuries. These injuries can have long-lasting consequences and significant financial cost for families.

A Denver birth injury attorney can assist parents in obtaining compensation for their child's lifetime requirements for care. A claim can be filed at any time before a minor's eighth birthday.

The causes of birth injuries

Medical malpractice happens when a doctor or health care professional stray from accepted medical practices and results in injury or death. Certain birth injuries can be prevented, and medical negligence during childbirth can result in astronomical medical costs or loss of income, as well as the inability to meet your child's needs. Laura Brown, an experienced Denver birth injury attorneys bronx injury lawyer can help you fight to protect your child's rights to compensation.

There are many kinds of birth injuries, but one of the most frequent is one that causes oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable damage to the brain and affect a child's mental and physical functioning. It can also lead to developmental delays, impulsive behavior, and learning difficulties.

Another form of birth injury is nerve damage. This can include nerve injuries in the brachialplexus that run from the spine to the shoulder, arm and neck. These injuries can result in a loss of function in the hands, arms, and fingers. They can also lead to the condition known as Erb's Palsy. These injuries result from shoulder dystocia. This is a condition in which the baby becomes stuck in the birth canal, and force is applied to help deliver the baby. A doctor, nurse or midwife might not be able to handle this situation, causing injury to the brachial plexus.

Other injuries include a lack of blood flow to the fetus inadequate oxygenation during labor and birth and intubation that is not properly done or an obstruction of the airway, skilled birth injury lawyer elevated levels of bilirubin and distress in the fetus. Fetal distress can be detected by a simple test called the Apgar score. This test assesses the newborn's skin color, breathing, muscle tone, and heart rate after birth.

Certain birth injuries require immediate medical attention, while other injuries may not be detected for months or even years following the baby's birth. The injuries like subgaleal hemorrhages or skull fractures are easily identifiable, but many other birth injuries go undiagnosed. For example brain imaging may reveal the presence of conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.

Medical Malpractice

Medical negligence or malpractice is the reason for many birth injuries. These lawsuits assert that doctors, nurses, midwife or other healthcare provider violated their duty to care for the mother and child through their actions or failure to act.

A lawyer can assist parents in constructing a strong case by reviewing the medical records of the patient and obtaining expert witnesses. Medical professionals will give evidence that demonstrates how a healthcare provider's actions or inactions hurt the patient.

Most often, these experts will testify that the doctor or other healthcare provider's actions are not the standards of care that are required in their specialty. They will also give their opinions on injuries that a healthcare professional could have prevented. The lawyer will then use this information to negotiate with the doctor or hospital to reach a settlement.

In many cases the hospital or doctor will settle prior to the trial. They might settle to ensure their reputation and to avoid negative publicity. If the hospital or doctor refuse to accept a settlement, an attorney may make a claim for medical negligence in court.

If a lawsuit is filed the parents will become the plaintiffs, and the nurses, doctors and other medical professionals become defendants. Lawyers will begin the discovery process. This involves providing all the information that supports the case. They will also conduct depositions which are sworn declarations.

The attorneys will argue that the defendants were negligent in not adhering to a standard of care in their work, and that this negligence led to the injury of the child. They will ask for compensation for injury-related expenses, such as medical bills or lost wages, among other expenses. A judge or jury could decide to award additional damages, which could include non-economic losses, like pain and suffering. In certain cases juries and judges can also award punitive damages, that is intended to penalize defendants for their utter negligence or omission.

A Denver birth injury lawyer can assist parents in understanding and asserting their rights and fight for fair compensation that covers medical costs as well as therapy costs and other related costs to an injury. They can assist families in determining their total losses and file a lawsuit against negligent healthcare providers.

Statute of limitations

If a medical professional fails to provide a baby or mother with the established standard of care during pregnancy, labor and delivery, and the injuries lead to life-altering consequences the victims may file a lawsuit. A birth injury lawyer can help families to file a claim to obtain compensation for medical expenses, lost wages (if the parent has to leave work to take care of the child) and much more.

Since the law in each state sets deadlines for when victims can file claims, it is important to contact a birth injury attorney immediately following an alleged medical error that occurred during the birth process. An experienced lawyer can assist clients understand the timelines to file a claim and also argue for extensions if required.

When a lawyer is assigned the case, they will begin to build a convincing argument to support the claim for damages by gathering the required evidence. This may include the medical records of the mother and child, as well as the testimony of expert witnesses. These experts can explain the standards of care that apply in this particular scenario, and show how the medical professional's actions deviated from the standard.

Based on the severity of the victim's injuries, a lawyer may also be able to argue for compensatory damages. These could include non-economic and economic damages, including pain and suffering, disability, emotional distress and loss of enjoyment of life, and so on. In certain cases, the lawyer can even seek punitive damages in order to penalize the defendant and act as a deterrent for other people.

Victims of birth injuries often have multiple claims against different defendants, including doctors midwives, nurses and other medical professionals. The lawyers at a firm that handles birth injuries can conduct a thorough investigation to determine who are accountable for the lapses and who should be held accountable. They can then seek the maximum compensation for the victim and their family. The state laws limit the total amount of damages that can be awarded in a medical malpractice lawsuit, but it can include all personal and financial loss resulting from.

Compensation

Birth injuries can range from minor abrasions such as broken bones to more serious injuries that can affect a child's health over the long run. Some of the most serious medical birth injuries include cerebral palsy and hypoxic cerebrovascular disease (HIE). When an infant experiences oxygen deprivation, this stops their brain and other vital organs from getting the nutrients they require to function properly. A variety of factors can cause oxygen deprivation during labor and birth which includes a lengthy or complicated pregnancy as well as the use of vacuum during an uneasy birth.

A Denver birth injury lawyer can help families and victims bring a lawsuit in order to recover damages, such as medical expenses loss of wages, suffering and pain. A claim could also be able to pay for any special equipment or therapy programs that are required for the child's treatment.

It is essential to work with a local birth injury attorney since it will decrease the amount of time that has to be spent driving back and forth for meetings as well as court dates and other legal procedures. Local law firms will also have a better understanding of the medical experts involved in the birth of your child. They are more likely to be aware of any previous issues or malpractice or negligence.

Medical malpractice claims can be complicated and expensive insurance companies typically try to avoid liability by blaming victims for accidents. A skilled birth injury lawyer can investigate the case and determine what occurred and who was at fault and what the injury is worth.

A lawyer can also handle the task of preparing the case which is usually lengthy and requires expert testimony from doctors and other trained experts. A lawyer will also ensure that the statutes of limitation are adhered to and that all the necessary medical records are collected prior to filing an action.

The sooner you speak to an attorney in Denver the earlier you contact an attorney in Denver, the better. The attorney will begin to work investigating your claim and gathering the evidence needed to present a compelling claim for compensation. Medical documents as well as expert witness testimony and other documentation is essential to prove that the harm the child suffered was the result of the negligence of a doctor. Schedule a consultation with an experienced Colorado birth injury lawyer today to learn the amount your case is worth.