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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child is a joyful event. Medical mistakes during delivery and labor can cause serious birth injuries. These injuries can cause lifelong consequences and a significant financial burden for families.

A Denver birth injury lawyer in Denver can assist parents in obtaining compensation for the lifetime care of their child. An application for compensation can be made anytime prior to the child's 8th birthday.

Causes of Birth Injury

Medical malpractice occurs when a physician or health care professional deviates from accepted medical standards and can result in death or injury. Some birth injuries are preventable and medical negligence during childbirth can lead to astronomical medical bills, lost income, and inability to provide for your child's needs. A seasoned Denver birth injury attorney like Laura Brown can help you fight for your child's right to compensation.

Anoxia is one of the most common birth injuries. This type of birth injury can cause irreparable brain damage and impact the child's mental, physical and emotional functioning. It can also cause developmental delays and impulsive behavior as well as learning disabilities.

Another type of birth injury is nerve damage. This includes injuries to the brachial nerve which are nerves that extend from the upper spine to the shoulder, neck and arm. These injuries can result in the loss of function in the hands, arms and fingers. These injuries can also lead to 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 birth the baby. This can be caused by a doctor, nurse or midwife not properly handling the situation and causing injuries to the brachialplexus.

Other injuries include a lack of blood flow to the foetus inadequate oxygenation during birth, inadequate intubation, airway obstructions high bilirubin levels and stress in the fetus. Fetal distress can be diagnosed by a quick test called the Apgar score. The test evaluates the color of a newborn's skin, muscle tone, breathing, and heart rate following birth.

Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby is born. For example, skull fractures or subgaleal hemorrhages are obvious, however many other birth injuries go undiagnosed. Brain imaging can reveal conditions such as cerebral palsy or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Many birth injuries result of medical malpractice or negligence. These lawsuits claim that the doctor, nurse or midwife or any other healthcare provider violated their duty to care for the mother and child through their actions or inability to act.

A lawyer can help parents build a strong case against a healthcare professional through studying the patient's medical records and hiring experts to testify. These medical professionals will provide evidence that demonstrates the way in which a healthcare professional's actions or inactions harmed the patient.

These medical experts often declare that a doctor's or the actions of a healthcare professional fell short of the standards of care in their field. They will also give their opinions on injuries medical professionals should have been able to prevent. The attorney will use this information to negotiate an agreement with the hospital or doctor.

In many cases, the doctor or hospital will offer a settlement prior to an investigation. They may agree to settle to protect their reputation and avoid negative publicity. If the doctors or hospitals refuse to settle, a lawyer can file a medical malpractice lawsuit in court.

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

The attorneys injurys will argue that the defendants were negligent in not adhering to a certain standard of care in their profession and that their negligence caused injury to the child. They will seek compensation for injuries-related expenses, such as medical bills, lost wages and other expenses. A jury or judge can also award additional damages that include economic loss, like pain and suffering. In certain instances juries and judges can also award punitive damages which is intended to punish defendants for their extreme negligence or disregard.

An experienced Denver birth injury attorney can assist parents to understand their rights and fight for fair compensation to cover medical costs, therapy expenses and other expenses related to injuries. They can assist families in determining the full value 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 standards of care during pregnancy, labor and birth, and the injuries lead to life-altering consequences, victims can file a lawsuit. A birth injury lawyer can assist families file a successful claim to get compensation for medical expenses and lost wages (if a parent must be absent from to care for the child) and more.

Since state law establishes deadlines for when victims can make a claim, it is essential to speak with a birth injury attorney as soon as possible after a suspected medical error during the birth process. An experienced lawyer can help clients understand the timelines to make a claim, and also argue effectively for extensions if required.

A lawyer can start building an argument for damages that is strong after they have taken over the case. They will gather the necessary evidence. This can include the medical records of the mother and child as well as the testimony of expert witnesses. These experts can explain to the court the proper standard of care in this type of situation and show how the medical provider's actions were not in line with the standard.

Depending on the severity of a victim's injuries, a lawyer can also advocate for compensation damages. This could include non-economic as well as economic damages, such as the cost of suffering and emotional distress, disability and loss of enjoyment of life, and so on. In some instances lawyers may seek punitive damage to punish the defendant as well as act as a warning for others.

Birth injury victims typically have multiple claims, which can include against nurses, doctors, and midwives. A birth injury law firm can conduct an investigation to determine who is accountable for the malpractice and who should face liability. The victim and his family can then be compensated up to the maximum. The total amount of damages granted in a successful medical malpractice suit is determined only by the laws of the state but they are able to be inclusive of all personal and financial losses that have occurred as a result of the injury.

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 and hypoxic ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When an infant is deprived of oxygen, their brain and other vital tissues are unable receive the nutrients needed to function properly. There are a variety of factors that can lead to the loss of oxygen during labor and birth, including a long or complicated pregnancy as well as the use of a vacuum during the birth process.

A Denver birth injury lawyer can assist victims and their families bring a lawsuit against accountable parties for the damages caused by the accident, such as medical expenses, lost wages, and suffering and pain. A lawsuit can also be used to pay for the cost of specialized equipment and therapy programs that might be necessary for the care of the child.

It's important to hire a local birth injury attorney since it will decrease the amount of time that has to be spent traveling between meetings with court dates, court dates, and other legal procedures. A local law firm is also more familiar with the medical experts and hospitals involved in your child's birth. They are more likely to be aware of any previous issues, negligence or malpractice.

Medical malpractice claims are complex and costly insurance companies frequently attempt to minimize liability by blaming victims for accidents. A experienced birth injury claims lawyers lawyer will investigate the case and determine what happened which party is responsible and what the injury is worth.

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

The sooner you speak to an attorney in Denver the sooner you can get in touch with an attorney in Denver. The lawyer will investigate your claim and gather the evidence necessary to create a strong compensation case. Medical documents, expert witness statements, and other evidence are crucial to prove the injury suffered by your child was caused by an medical professional's negligent actions. Consult an experienced Colorado birth injury lawyer today to learn what your case's worth.