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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby should be a joyful time. Birth complications and medical errors during labor can result in serious birth injuries. These injuries can have long-lasting repercussions and significant financial costs for families.

A Denver birth injury lawyer injury in Denver can assist parents in obtaining compensation for the ongoing care of their child. The claim is possible at any time prior to the minor's eighth birthday.

Causes of Birth Injury

Medical malpractice happens when a doctor or health care professional deviates from accepted medical practices and causes injury or death. Medical negligence during childbirth, which could cause astronomical medical costs, lost income and the inability to meet your child's basic needs, is one of the most avoidable birth injuries. A seasoned Denver birth injury lawsuits lawyer such as Laura Brown can help you fight for your child's rights to compensation.

Anoxia is one of the most frequent birth injuries. This kind of birth injury can result in irreparable brain damage and affect the child's physical, mental and emotional performance. It can also lead to the development of a child, impulsive behavior, and learning disabilities.

Another form of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus that connect the spine to the arm, shoulder and neck. These injuries can lead to a loss of functionality in the fingers, hands and arms. These injuries may also lead to Erb's Palsy. These injuries are typically caused by a problem during the birth process known as shoulder dystocia, where the baby gets stuck in the birth canal and forces are applied in order to bring the baby out. This can result from a doctor, nurse or midwife who is not handling the situation and causing injuries to the brachialplexus.

Other injuries can include a lack of blood flow to the fetus inadequate oxygenation during labor and delivery as well as obstruction of the airway, elevated levels of bilirubin, and fetal distress. Fetal distress can be detected through a simple test known as the Apgar score. This test measures a newborn's skin color and muscle tone, breathing, and heart rate following birth.

Some birth injuries need immediate medical attention while others may not be detected for months or years after the baby's birth. The injuries like subgaleal hemorrhages or skull fractures are obvious, however many other birth injuries are not recognized. Brain imaging can reveal conditions like cerebral palsy, or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Medical malpractice or negligence is the cause of many birth injuries. These lawsuits claim that a nurse or doctor or midwife, or any other healthcare provider failed in their duty of care to the mother and child through their actions or inaction.

A lawyer can aid parents in constructing a strong case by looking over the medical records of a patient and hiring expert witnesses. Medical professionals can provide testimony that shows the way in which a healthcare professional's actions or inactions hurt the patient.

In most cases, these medical experts will testify that the doctor's or healthcare provider's actions are not the standards of care that are required in their specialty. They also offer their opinions on injuries that the healthcare professional 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 hospital or doctor will offer a settlement before an investigation. They might settle to safeguard their reputation and avoid negative publicity. If the doctors or hospitals refuse to settle, a lawyer can file a medical malpractice lawsuit in court.

When the lawsuit is filed, parents will become plaintiffs, while 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 also will take depositions which are sworn declarations.

The lawyers will argue that the defendants committed a crime by not adhering to the standard of care that they must adhere to in their work and that their negligence resulted in the child's injury. They will seek compensation for the losses resulting from the injury including medical expenses, lost earnings and other expenses. A jury or judge can award additional damages, including non-economic losses, like pain and suffering. In certain instances juries and judges can also award punitive damage, which is meant to punish defendants for their utter negligence or disregard.

A Denver birth injury lawyer can assist parents in understanding and asserting 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 determine their losses to the fullest extent and make a claim against negligent healthcare providers.

Statute of limitations

Victims may file a lawsuit when a medical professional fails in their obligation to provide a baby, or mother, with the standards of care that is required during labour, pregnancy, and delivery and the injuries can have life-altering consequences. A birth injury lawyer can assist families build a strong claim to obtain compensation for medical expenses, lost wages (if a parent must take time off work to care for the child) and much more.

Because state law sets deadlines for when victims are able to make claims, it is essential to speak with an attorney for birth injuries immediately following a suspected medical error during the delivery process. A skilled lawyer can help clients understand the timelines to file a claim and also argue effectively for extensions if required.

A lawyer can begin to build an argument for damages that is strong once they have taken on the case. They will gather the evidence needed. This can include medical documents of the mother and child, as well as the testimony of experts. These experts can explain the standards of care that apply in this type of situation, as well as explain how the medical professional's actions deviated from the standard.

Based on the severity of the victim's injuries, the lawyer can also advocate for compensatory damages. These damages can include both economic and non-economic damages, including pain and suffering, emotional distress, disability and loss of enjoyment of life. In some cases lawyers may seek punitive damages to penalize the defendant as well as act as a warning for others.

Birth injury victims typically have multiple claims against various defendants, such as doctors, nurses, midwives, and other medical professionals. A birth injury law firm can conduct an investigation to determine who is responsible for negligence and who is accountable. They can then seek maximum compensation for the victim and their family. The total amount of damages awarded in a successful medical malpractice lawsuit is limited by state laws however, they may include all personal and financial losses that occur due to the injury.

Compensation

Birth injuries can range from minor traumas such as broken bones to more serious injuries that impact the child's health over the long-term. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. If a child experiences oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they need to function effectively. The deficiency in oxygen can be caused by a range of factors during labor and delivery. These include a long or complex pregnancy, as well as the use of a vacuum during a particularly difficult birth.

A Denver birth injury lawyer in Denver 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 suffering and pain. A lawsuit can also help cover the cost of special 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 because it will reduce the amount of time that must be spent travelling back and forth for meetings, court dates, and other legal proceedings. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. They are more likely to be aware of any previous issues, negligence or malpractice.

Medical malpractice claims can be extremely complicated and expensive, and many insurance companies attempt to avoid responsibility by blaming the victim the accident. A birth injury lawyer who has expertise in investigating cases can identify what transpired, who was at fault, and the worth of the injury.

A lawyer is also able to handle the preparation of the case. This is a very lengthy process that requires the testimony of doctors and other professionals. Lastly, a lawyer will ensure that the statute of limitations has been followed and that all the necessary medical records are gathered prior to filing a lawsuit.

The sooner you contact a Denver birth injury lawyer, the better. The attorney will investigate your claim and gather the evidence needed to establish a solid compensation case. The medical documents 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 negligent actions. Contact an experienced Colorado birth injury lawyer today to determine how much your case is worth.

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