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A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a baby is a joyful event. Mistakes in medical care during delivery and labor can cause serious birth injuries. These injuries can have long-lasting consequences and a significant financial burden for families.

A Denver birth injury lawyer in Denver can assist parents in obtaining compensation for the ongoing care of their child. The claim can be filed anytime prior to the child's 8th birthday.

Birth Injuries: Causes

Medical malpractice happens when a doctor or health care professional deviates from accepted medical standards and results in injury or death. Certain birth injuries can be prevented, and medical negligence during childbirth can result in astronomical medical costs, lost income, and the inability to meet your child's needs. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to defend your child's rights to compensation.

There are many kinds of birth injuries, however one of the most common is one that causes oxygen deprivation (anoxia). This type of birth injury can result in irreparable brain damage and affect the child's physical, mental and emotional performance. It can also cause developmental delays, impulsive behavior, and learning disabilities.

Another form of birth injury involves nerve damage. This includes the brachial plexus which are nerves that extend from the upper spine to the shoulder, neck, and arm. These injuries can lead to an impairment in the arms, hands and fingers. These injuries can also cause Erb's palsy. These injuries are often caused by a condition that occurs during the birth process known as shoulder dystocia, in which the baby is stuck in the birth canal and forces are applied in order to get the baby out. A nurse, doctor, or midwife could fail to manage this situation, causing injury to the brachial plexus.

Other injuries include a lack of blood flow to the fetus low oxygen levels during labor and delivery and intubation that is not properly done or an obstruction of the airway, elevated levels of bilirubin and distress of the fetus. Fetal distress is often detected through a simple test known as the Apgar score, which assesses the newborn's breathing, muscle tone heart rate, breathing, and the color of the skin after childbirth.

Some birth injuries require immediate medical attention, whereas others may not be detected until months or even years after the baby's birth. Injuries such as skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injuries remain undiagnosed. For instance brain imaging can show the presence of certain conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.

Medical Malpractice

Many birth injuries are the result of negligence or medical malpractice. These lawsuits claim that doctors, nurses, midwife or other healthcare provider violated their duty to look after the mother and child by their actions or Accident Injury Lawyers inability to act.

A lawyer can assist parents in building a strong case by analyzing the medical records of a patient and obtaining experts to testify. Medical professionals can provide testimony to show how the actions of a healthcare professional or lack of them, have harmed the patient.

In most cases, these medical experts will testify that the doctor or other healthcare provider's actions were below the standards of care that are required in their specialty. They can also provide their opinions on the injuries that a healthcare provider should have been able to prevent. The attorney will then utilize this information to bargain with the doctor or hospital to settle the matter.

In many instances, the hospital or doctor will settle prior to an investigation. They may settle to safeguard their reputation and avoid negative publicity. If the hospital or doctor refuse to settle, an attorney can make a claim for medical negligence in the court.

When the lawsuit is filed, the parents will become the plaintiffs, while nurses, doctors and other medical professionals become defendants. Lawyers will begin the discovery process that involves sharing all the evidence that support the case. They also will take depositions, or sworn statements.

The lawyers will argue that the defendants were negligent in not adhering to a standard of care within their field and that this negligence caused the injury to the child. They will demand compensation for injuries-related expenses like medical bills or lost wages, among other expenses. A judge or jury may award additional damages, such as non-economic losses like pain and suffering. In some cases juries or judges could also award punitive damages that are designed to penalize the defendants for their extreme carelessness or disregard.

A Denver birth injury lawyer can assist parents in understanding and asserting their rights and fight for fair compensation for medical expenses therapy fees, as well as other injury-related costs. They can help families determine their losses to the fullest extent and file a lawsuit against negligent healthcare providers.

Statute of limitations

If medical professionals fail to provide a baby or mother with the appropriate standard of care during pregnancy, labor and delivery, and the injuries lead to life-altering consequences, victims can bring a lawsuit. An attorney for birth injuries can assist families in establishing a strong case to recover compensation for medical expenses, lost wages (if parents have to leave work to take care of their child) as well as other damages.

A birth injury lawyer is important to contact as quickly as is possible after a medical error is suspected during the birth process. State law has deadlines that victims must adhere to. A skilled lawyer can help clients understand the timelines to file a claim and can also effectively argue for extensions if needed.

A lawyer can begin to build an argument for damages that is strong after they have taken over the case. They will collect the evidence needed. This can include medical records of the mother and child, as well the testimony of experts. Experts can explain the standard of care in this type of situation, and explain how the medical professional's actions differed from the norm.

The lawyer may also seek compensatory damages, depending on the severity of the victim's injuries. These damages could include economic and non-economic damages including emotional distress, disability and loss of enjoyment in life. In some cases lawyers can demand punitive damages to punish the defendant and act as a warning for others.

Victims of birth injuries often have multiple claims against different defendants, such as doctors, nurses, midwives, and other medical professionals. The lawyers at a birth injury firm will conduct a thorough investigation to determine which defendants are accountable for the lapses and who should be held liable. They can then seek maximum compensation for the victim and their family. The total amount of damages granted in a successful medical malpractice lawsuit is limited only by the laws of the state however, they may include all the personal and financial losses that have occurred as a result of the Accident Injury Lawyers.

Compensation

A birth injury can be anything from minor, like broken bones to more serious injuries that can affect a child's long-term health. Some of the most serious medical birth injuries include cerebral palsy as well as hypoxic ischemic cerebrovascular disease (HIE). If a child experiences oxygen deprivation, it prevents their brain and other vital organs from getting the nutrients they require to function effectively. A variety of factors can cause deficiency of oxygen during labor and delivery which includes a lengthy or complicated pregnancy and the use of the vacuum during a difficult birth.

A Denver birth injury lawyer can help families and victims bring a lawsuit against accountable parties for the damages that result from the injury, including medical bills, lost wages and pain and suffering. A claim may also pay for any specialized equipment or therapy programs necessary to treat the child.

Finding a local attorney for birth injuries is essential because it can save you time traveling to and from court dates, and other legal proceedings. Local law firms will also have a better understanding of the medical professionals involved in the birth of your child. They will be more likely to be aware of whether they have had prior issues or previous history of negligence or malpractice.

Medical malpractice cases are complicated and expensive insurance companies typically attempt to minimize liability by blaming victims for accidents. A birth injury lawyer who has years of experience in investigating cases can determine what happened, the parties who were at fault, as well as the value of the injury.

A lawyer will also be able to handle the preparation of the case. This is a very time-consuming process that requires testimony of doctors and other professionals. A lawyer will also ensure that the statutes of limitation are adhered to and that all necessary medical records are collected prior to filing a lawsuit.

The earlier you get in touch with a Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney will begin to work investigating your claim and gathering the evidence needed to build a strong case for compensation. The medical documents and expert witness statements and other documentation are essential to prove that your child's injuries were caused by a doctor or other medical professional's negligent acts. To find out the value of your case, schedule an appointment today with an expert Colorado birth injuries lawyer.