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A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a baby is a joyful event. Medical mistakes during delivery and labor can result in serious birth injuries. These injuries can have lifelong consequences and significant financial cost for families.

A Denver birth injury attorney can help parents recover compensation for their child's lifelong medical needs. A claim can be made at any time prior to the minor's 8th birthday.





Causes of Birth Injury

Medical malpractice happens when a doctor or health professional deviates from the accepted medical guidelines and causes injury or death. Medical negligence during childbirth, which may result in massive medical expenses and loss of income, as well as the inability to provide for your child's basic needs is among the most preventable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to protect your child's rights to compensation.

Anoxia is one of the most frequent birth injuries. This kind of birth injury could cause irreparable brain damage and impact the child's mental, physical and emotional performance. It can also trigger delay in development, impulsive behavior and learning issues.

Another form of birth injury is nerve damage. This can include nerve injuries in the brachialplexus which connect the spine to the shoulder, arm and neck. These injuries can cause a loss of function in the hands, arms and fingers. These injuries may also lead to Erb's Palsy. These injuries are caused by shoulder dystocia. This is a condition that occurs when the baby becomes stuck in the birth canal, and force is used to help deliver the baby. This can result from nurses, doctors or midwife who is not handling the situation and injuring the brachialplexus.

Other injuries include a lack of blood flow to the fetus low oxygen levels during labor and birth as well as airway obstruction, elevated levels of bilirubin and distress of the fetus. Fetal distress is usually identified with a quick test, called the Apgar score, which measures a newborn's breathing, muscle tone as well as heart rate and skin color after childbirth.

Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby's birth. The injuries like 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 result of medical malpractice or negligence. These lawsuits assert that a doctor, nurse or midwife or another healthcare provider violated their obligation to care for the mother and child by their actions or inaction.

A lawyer can assist parents make a convincing case against a healthcare professional by studying the patient's medical records and obtaining experts to testify. Medical professionals can offer evidence to demonstrate how a healthcare professional's actions, or inactions, hurt a patient.

These medical experts often declare that a doctor's or other healthcare professional's actions were below the standards of care they provide for their particular area. They can also provide their opinions on the harms that medical professionals should have been able to avoid. The lawyer will use this information to negotiate a settlement with the doctor or hospital.

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

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

The lawyers will argue that the defendants committed malpractice in not adhering to a standard of care for their profession and that their negligence resulted in the child's injuries. They will request compensation for the injury-related losses, which include medical bills, lost earnings and other expenses. A jury or judge can also award additional damages that include economic loss, like pain and suffering. In some egregious cases, juries or judges may also award punitive damages, that are designed to penalize the defendants for their extreme carelessness or disregard.

A seasoned Denver birth injury lawyer can help parents understand their rights and advocate for fair compensation to cover medical costs, therapy costs and other injury-related expenses. They can assist families in determining the true value of their losses, and pursue a medical malpractice lawsuit against the negligent healthcare providers.

Statute of Limitations

If a medical professional fails to provide a baby or mother with the established standard of medical care during labor, and delivery, and the injuries result in life-altering consequences the victims may bring an action. A birth injury lawyer can assist families build a strong claim to get compensation for medical expenses and lost wages (if a parent must be absent from work to take care of the child) and more.

A birth injury lawyer is essential to contact as quickly as is possible after a medical error is suspected during the delivery process. The law of the state stipulates deadlines that victims must meet. An experienced lawyer can help clients understand the timelines to file a claim and can also successfully argue for extensions if required.

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 may include the mother's and child's medical records, as well as the testimony of experts. Experts can explain the standards of care that apply in this kind of situation, and demonstrate how the medical provider's actions differed from the norm.

The lawyer may also seek compensatory damages, depending on the extent of the injury. These damages could include economic and non-economic damages including emotional distress, disability and loss of enjoyment of the life. In some cases, a lawyer may even seek punitive damages to penalize the defendant as well as serve as a warning to others.

Birth injury victims usually have multiple claims, including against nurses, doctors, and midwives. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for negligence and who is liable. They can then seek the maximum compensation for the victim and their family. The total amount of damages that can be awarded in a successful medical malpractice lawsuit is governed only by the state laws, but they can include all financial and personal losses that have occurred due to the accident.

Compensation

Birth injuries can vary from minor injuries such as broken bones to more serious ones that impact a child's health. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When a baby suffers from oxygen deprivation, it prevents their brain and other vital organs from receiving the nutrients they require to function effectively. A variety of factors can cause deficiency of oxygen during labor and delivery, including a long or difficult pregnancy, as well as the use of the vacuum during a difficult birth.

A Denver birth injury lawyer in Denver can assist victims and their families file a lawsuit against the accountable parties for the damages that result from the injury, including medical bills, lost wages and suffering and pain. A claim can also help cover the cost of equipment and therapy programs that could be required for the care of the child.

It is crucial to engage an attorney for birth injuries in your area as it will cut down on the amount of time that has to be spent traveling between appointments as well as court dates and other legal procedures. Local law firms will also have a better understanding of the medical experts involved in the birth of your child. They are more likely to be aware of any prior problems or issues with negligence or malpractice.

Medical malpractice claims can be extremely difficult and costly, and many insurance companies attempt to avoid liability by blaming the victim the incident. birth injury attorney washington county who has years of experience in investigating cases can determine what transpired, who was who were at fault, as well as the value of the injury.

A lawyer can also take on the burden of preparing the case, which can be very time-consuming and requires expert testimony from doctors and other experts. A lawyer will also make sure that the statutes of limitation are met and that all necessary medical records are collected prior to filing lawsuits.

The earlier you get in touch with an attorney in Denver, the better. The lawyer can begin to work investigating your claim and gathering the evidence needed to present a compelling case for compensation. Medical documents as well as expert witness statements and other evidence are crucial to prove that your child's injuries were the result of an medical professional's negligent actions. Consult an experienced Colorado birth injury lawyer today to find out how much your case is worth.