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A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a child is a joyful event. However, medical errors during labor and delivery can result in serious birth injuries. These injuries can have long-lasting consequences and significant financial cost for families.

A Denver birth injury lawyer can help parents get compensation for the ongoing care of their child. An action can be filed at any time before a minor's eighth birthday.

Causes of Birth Injuries

Medical malpractice occurs when a physician or health care professional deviates from accepted medical standards and causes injury or death. Medical negligence during childbirth, which can cause astronomical medical costs and loss of income, as well as the inability to meet your child's basic needs is among the most preventable birth injuries. An experienced Denver birth injury attorney like Laura Brown can help you fight for your child's right to compensation.

There are many types of birth injuries, but one of the most prevalent is one that causes oxygen deprivation (anoxia). This kind of birth injury can cause irreparable brain damage and impact the child's mental, physical and emotional performance. It can also lead to developmental delays, impulsive behavior, and learning difficulties.

Another form of birth 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 result in the loss of function in the arms, hands and fingers. They can also result in the condition called Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition where the baby gets stuck in the birth canal, and force is applied to help deliver the baby. A doctor, nurse or midwife may mismanage this situation and cause injury to the brachial plexus.

Other injuries include a deficiency of blood flow to the fetus, inadequate oxygenation during labor and delivery and intubation that is not properly done or an obstruction to the airway, denver Birth injury attorney high bilirubin levels, and distress of the fetus. Fetal distress can be detected through a simple test known as the Apgar score. This test measures the newborn's skin color as well as breathing, muscle tone and heart rate following birth.

Some birth injuries need immediate medical attention while others may not be detected for months or even years following the baby's birth. Injuries such as subgaleal hemorrhages or skull fractures are obvious, however 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 malpractice or negligence is the main cause of birth injuries. These lawsuits assert that doctors, nurses or Denver Birth Injury Attorney other healthcare provider breached their obligation to take care of the mother and child through their actions or inability to act.

A lawyer can help parents build a strong case against a healthcare professional by looking over the medical records of the patient and hiring experts to testify. Medical professionals can provide testimony that shows how the actions of a healthcare professional or inactions harmed the patient.

Medical experts typically declare that a doctor's or the actions of a healthcare professional fell short of the standards of care in their field. They also provide opinions regarding the injuries medical professionals could have been able to avoid. The attorney will use this information to negotiate a settlement with the hospital or doctor.

In many cases the hospital or doctor will settle the matter prior to a trial. They wish to avoid negative publicity and may be willing to settle to ensure their reputations. If the doctors or hospital refuse to accept a settlement, an attorney may file a medical negligence lawsuit in the court.

If a lawsuit is filed, the parents will become the plaintiffs, and the doctors, nurses and other medical professionals will become defendants. Lawyers begin the discovery process. This includes providing all the information that can support the case. They also will take sworn statements, or depositions.

The attorneys will argue that the defendants committed malpractice by failing to adhere to the standard of care that they must adhere to in their work and that their negligence led to the child's injury. They will seek compensation for the injury-related losses including medical expenses loss of earnings, as well as other expenses. A judge or jury could decide to award additional damages, which could include economic losses, such as suffering and pain. In some egregious cases, juries or judges may also award punitive damages that are designed to penalize the defendants for their carelessness or inattention.

A Denver birth injury lawyer can assist parents to understand and assert their rights and fight for fair settlement that covers medical costs as well as therapy costs and other costs related to injuries. They can help families assess the true worth of their losses and pursue a medical malpractice lawsuit against negligent healthcare providers.

Statute of limitations

If a medical professional fails to provide an infant or mother with the established standard of medical care during labor, and birth, and the injuries cause life-altering effects, victims can pursue an action. A birth injury attorney can help families to build a strong case to recover compensation for medical expenses as well as lost wages (if the parent has to leave work to take care of their child) and other damages.

Since state law establishes deadlines for when a victim can make a claim, it is essential to speak with an attorney for birth injuries as soon as you can after a suspected medical error during the delivery process. An experienced lawyer can assist clients understand the timeframe for filing a claim and also argue for extensions if needed.

A lawyer can begin to build an effective case for damages after they have taken over the case. They will collect the necessary evidence. This could include the mother's and child's medical records as well as the testimony of expert witnesses. These experts can explain the standard of care in this type of situation, and explain how the medical professional's actions were different from the norm.

The lawyer can also pursue compensation for damages, based on the extent of the injury. These damages could include economic and non-economic damages including pain and suffering, emotional distress, disability and loss of enjoyment in life. In some cases the lawyer may seek punitive damages in order to punish the defendant and serve as a deterrent for other people.

Birth injuries victims often have multiple claims against a variety of defendants, such as doctors, nurses, midwives and other medical professionals. The lawyers of a firm that handles birth injury attorneys injuries can conduct an exhaustive investigation to determine which defendants are accountable for the lapses and who should be held liable. The victim and his family will then be compensated up to the maximum. The total amount that can be awarded in a successful medical malpractice lawsuit is governed only by the state laws but they are able to include all financial and personal losses that occur as a result of the injury.

Compensation

Birth injuries can range from minor traumas like broken bones to serious injuries that can affect a child's health over the long run. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When a baby is deprived of oxygen, their brain and other vital tissues are unable get the nutrients they require to function properly. There are a variety of factors that can cause oxygen deprivation during labor and delivery such as a prolonged or complicated pregnancy and the use of vacuum during the birth process.

A Denver birth injury attorney can assist families and victims file a lawsuit to recover damages, such as medical expenses loss of wages, pain and suffering. A lawsuit can also assist in the payment of specialized equipment and therapy programs that might be necessary for the child's care.

It's important to hire an attorney for birth injuries in your area as it will cut down on the amount of time that must be spent travelling between meetings as well as court dates and other legal procedures. A local law firm is also more familiar with the medical specialists and hospitals involved in your child's birth. They are more likely to be aware of any previous issues, negligence or malpractice.

Medical malpractice cases are complicated and costly, and insurance companies often try to avoid liability by blaming the victims for injuries. A birth injury lawyer who has expertise in investigating cases can identify what happened, the parties responsible, and the value of the injury.

A lawyer can also be capable of handling the preparation of the case. This is a very time-consuming process that requires the testimony of doctors and other professionals. A lawyer can also ensure that the statutes of limitations are met and that all medical records are gathered prior to filing lawsuits.

The sooner you contact the Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney can get to work in investigating your claim and gathering the evidence to establish a convincing claim for compensation. The medical records as well as expert witness statements and other evidence are crucial to show the injury suffered by your child was caused by an medical professional's negligence. To determine the value of your case, book a an appointment today with an experienced Colorado birth injuries lawyer.