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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 mistakes during the labor and delivery process can cause serious birth injuries. These injuries can cause long-lasting damage and be costly for families.

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

Causes of Birth Injury

Medical malpractice is when doctors or other health professionals stray from the accepted medical guidelines and cause injury or even death. Certain birth injuries can be prevented and medical negligence during childbirth could result in astronomical medical costs as well as lost income and the inability to meet your child's needs. An experienced Denver birth injury lawyer like Laura Brown can help you fight for your child's rights to compensation.

Anoxia is among the most frequent birth injuries. This kind of birth trauma can cause irreparable brain damage and impact a child's mental and physical functioning. It can also trigger developmental delays, impulsive behavior and learning issues.

Another form of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus that extend from the spine to the shoulder, arm and neck. These injuries can cause a loss of function in the arms, hands, and fingers. They may also cause a condition known as Erb's palsy. These injuries result from shoulder dystocia. This is a condition where the baby becomes stuck in the birth canal, and force is applied to help deliver the baby. A doctor, nurse or midwife could fail to manage this situation and cause 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, elevated levels of bilirubin, and distress of the fetus. Fetal distress is usually identified by a quick test called the Apgar score, which assesses the baby's muscle tone, breath heart rate, breathing, and skin color after childbirth.

Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby's birth. Injuries such as subgaleal hemorrhages and skull fractures are obvious, however many other birth injuries go undiagnosed. For example, brain imaging can reveal 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 assert that a nurse or doctor, midwife, or other healthcare provider violated their duty of care to the mother and child by their actions or inaction.

A lawyer can aid parents in constructing a solid case by reviewing the medical records of the patient and hiring expert witnesses. These medical professionals can provide evidence to prove that the actions of a healthcare professional, or lack of them, have harmed a patient.

These experts in medicine often provide evidence that a doctor's another healthcare provider's actions fell below the standard of care in their field. They also offer their opinions on injuries a healthcare professional could have prevented. The lawyer will utilize this information to negotiate an agreement with the hospital or doctor.

In many instances, the hospital or doctor will settle prior to an investigation. They may agree to settle to ensure their reputation and to avoid negative publicity. If the doctors or hospitals refuse to accept a settlement, a lawyer could bring a medical malpractice lawsuit in court.

When a lawsuit has been filed, the parents are plaintiffs, while doctors, nurses, and other medical professionals are defendants. Lawyers will start the discovery process, which involves sharing all information that supports the case. They will also take depositions or sworn statements.

The attorneys will argue that the defendants acted in a negligent manner by failing to adhere to a standard of care for their profession and that the negligence caused the child's injuries. They will request compensation for the losses resulting from the injury claim lawyer including medical expenses as well as lost earnings and other expenses. A judge or jury can award additional damages, including economic loss, like suffering and pain. In certain cases of adversity, juries or judges may also award punitive damages, which are designed to punish the defendants for their carelessness or apathy.

An experienced Denver birth injury injurys attorney near me can help parents understand their rights and fight for fair compensation to cover medical expenses, therapy costs and other injury-related expenses. They can help families assess their losses to the fullest extent and make a claim 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 result in life-altering consequences victims can file an action. An attorney for birth injuries can assist families in building an argument that is strong enough to win compensation for medical expenses, lost wages (if parents have to take time off to care for their child) as well as other damages.

Since state law establishes deadlines for when victims can make claims, it is critical to contact a birth injury attorney as soon as you can after the occurrence of a medical error in the birth process. An experienced lawyer can assist clients in understanding the timeframe to make a claim, and also effectively argue for extensions, if necessary.

After a lawyer has taken on a case, they can begin constructing a strong argument to justify the claim for damages by gathering the required evidence. This could include medical documents of the mother and child, along with the testimony of experts. Experts are able to explain to the court the proper standard of care for this type of situation and show how the actions of the medical practitioner did not conform to the standard of care.

Depending on the severity of the victim's injuries, the lawyer can also argue for compensation damages. These damages can include both economic and non-economic damages, including emotional distress, disability, and loss of enjoyment of the life. In certain cases, the lawyer can even demand punitive damages to punish the defendant and act as a deterrent to others.

Birth injury victims typically have multiple claims, including against nurses, doctors, and midwives. The lawyers at a birth injury firm will conduct an extensive 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 total amount that can be awarded in a successful medical malpractice lawsuit is governed only by the state laws, but they can include all the personal and financial losses that occur as a result of the accident.

Compensation

Birth injuries can range from minor traumas like broken bones to serious injuries that affect the child's health over the long term. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. If a child is deficient in oxygen the brain and other vital tissues are unable to receive the nutrients required to function effectively. The deficiency in oxygen can be caused by a variety of causes during labor and delivery. This can be caused by a long or complicated pregnancy, as well as the use a vacuum during an especially difficult birth.

A Denver birth injury law firm lawyer in Denver can help families and victims file a lawsuit against the accountable parties for the damages that result from the injury, including medical bills, lost wages and pain and suffering. A lawsuit could also pay for any equipment or therapy programs necessary for the child's treatment.

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

Medical malpractice cases are complicated and costly insurance companies typically attempt to minimize liability by blaming victims for accidents. A skilled birth injury lawyer can look into the situation and determine what transpired, who is at fault, and how much the injury lawsuit is worth.

A lawyer is also able to take on the burden of preparing the case, which is usually very time-consuming and requires expert testimony from doctors and other trained experts. A lawyer can also ensure that the statutes of limitations are met and that all the necessary medical records are collected prior to filing an action.

The sooner you speak to a Denver birth injury attorney the sooner you can contact a Denver birth injury attorney injury lawyer. The attorney will begin to work on investigating your claim and gathering the evidence needed to present a compelling case for compensation. Medical documents as well as expert witness testimony and other evidence is necessary to prove that the harm your child sustained was the result of the negligence of a doctor. To determine the value of your case, schedule an appointment with an expert Colorado birth injuries lawyer.