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A Denver Birth Injury Attorney Can Help You File a Claim





The birth of a baby should be a joyous occasion. However, medical mistakes made during the birth process can cause serious birth injuries. These injuries can have lasting effects and can be costly for families.

A Denver birth injury lawyer can help parents recover compensation for their child's lifelong care needs. The claim can be filed any time before a minor's eighth birthday.

Causes of Birth Injuries

Medical malpractice occurs when doctors or other health care professionals deviate from accepted medical practices, causing injury or death. Medical negligence during childbirth, which can result in astronomical medical expenses, lost income and the inability to meet the basic needs of your child is among the most preventable birth injuries. A skilled Denver birth injury lawyer such as Laura Brown can help you fight for your child's rights to compensation.

There are a variety of birth injuries, however one of the most frequent involves oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable damage to the brain and alter a child's cognitive and physical functioning. It can also lead to developmental delays, impulsive behaviors and learning issues.

Another type of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus which extend from the spine to the shoulder, arm and neck. These injuries can lead to the loss of function in the arms, hands, and fingers. They can also result in an illness called Erb's palsy. These injuries are often caused by a problem during delivery called shoulder dystocia, where the baby becomes stuck in the birth canal and forces are used to deliver the child. This can be caused by a doctor, nurse, or midwife mishandling the situation and causing injuries to the brachialplexus.

Other injuries can include a lack of blood flow to the fetus, poor oxygenation during labor and delivery and intubation that is not properly done or an airway obstruction, elevated bilirubin levels, and fetal distress. Fetal distress can be diagnosed through a simple test known as the Apgar score. This test measures the color of a newborn's skin and breathing, muscle tone and heart rate after birth.

Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby's birth. For example, subgaleal hemorrhages and skull fractures are obvious, however many other birth injuries go undiagnosed. For example, brain imaging can reveal the presence of conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.

Medical Malpractice

Medical negligence or malpractice is the main cause of birth injuries. These lawsuits allege that a nurse or doctor or midwife or another healthcare provider failed in their obligation to care for the mother and child by their actions or inaction.

attorney birth injury pennsylvania can aid parents in constructing a solid case by reviewing the medical records of a patient and hiring experts to testify. Medical professionals will give evidence that demonstrates how a healthcare provider's actions or lack of action harmed the patient.

In most cases, these medical experts will testify that the doctor or other healthcare provider's actions fell below a standard of care for their area of expertise. They will also offer opinions on the injuries that the healthcare provider could have done more to prevent. The lawyer will use this information to negotiate a settlement with the doctor or hospital.

In many cases, the doctor or hospital will offer a settlement prior a trial. They wish to avoid negative publicity and may accept a settlement to ensure their reputations. If the hospital or doctor refuse to settle, an attorney could bring a medical negligence lawsuit in the court.

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

The attorneys will argue that the defendants acted negligently by not adhering to a certain standard of care in their profession and that their negligence led to the injury of the child. They will request compensation for the injuries-related losses, which include medical bills, lost earnings and other expenses. A jury or judge can award additional damages including non-economic loss, such as pain and suffering. In certain instances, juries and judges can also award punitive damages that is intended to penalize defendants for their extreme negligence or disregard.

A Denver birth injury lawyer in Denver can assist parents to understand and assert their rights and fight for fair settlement that covers medical costs as well as therapy costs and other injury-related costs. 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 an infant or mother with the established standard of medical attention during labor, and birth, and the injuries lead to life-altering consequences, victims can bring a lawsuit. An attorney for birth injuries can help families to build a strong case to recover compensation for medical expenses and lost wages (if the parent has to leave work to take care of their child) and other damages.

A birth injury lawyer is important to contact as soon as you can following a suspected medical mistake during the birth process. State law stipulates deadlines that victims must comply with. An experienced lawyer can assist clients understand the timeline for filing a claim, and can also effectively argue for extensions when needed.

Once a lawyer takes on a case, they are able to begin to construct a strong argument to support the claim for damages by gathering the required evidence. This can include medical documents of the mother and child, as well as the testimony of experts. Experts are able to explain to the court the standards of care in this type of situation and show how the actions of the medical practitioner did not conform to the standard.

Based on the severity of the victim's injuries, a lawyer can also advocate for compensation damages. These may include non-economic as well as economic damages, like the cost of suffering and disability, emotional distress and loss of enjoyment of life, and many more. In certain cases lawyers may seek punitive damages to punish the defendant and serve as a deterrent to others.

Birth injury victims usually have multiple claims, including against nurses, doctors and midwives. A birth injury law firm can conduct an investigation to determine who is responsible for the malpractice and who should face liability. The victim and his family can be awarded compensation up to the maximum amount. The amount that can be awarded in a successful medical malpractice lawsuit is limited only by the laws of the state however, they may include all personal and financial losses that have occurred due to the injury.

Compensation

Birth injuries can range from minor traumas such as broken bones to more serious injuries that can affect a child's health over the long term. Cerebral palsy and hypoxic ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. If a child experiences oxygen deprivation, this stops their brain and other vital organs from getting the nutrients they require to function properly. Many factors can lead to the loss of oxygen during labor and birth such as a prolonged or difficult pregnancy, as well as the use of vacuum during the birth process.

A Denver birth injury lawyer in Denver can help families and victims bring a lawsuit in order to get compensation for damages, including medical expenses loss of wages, pain and suffering. A lawsuit can also be used to pay for the cost of equipment and therapy programs that could be necessary for the child's care.

It is crucial to engage an attorney who is local to your area because it will reduce the amount of time needed to be spent traveling between appointments with court dates, court dates, and other legal procedures. A local law firm is also more familiar with the medical specialists and hospitals involved in the birth of your child. They are more likely to be aware of any previous issues, malpractice or negligence.

Medical malpractice cases are complicated and costly insurance companies typically try to avoid liability by blaming victims for accidents. A birth injury lawyer with years of experience in investigating cases can determine what happened, the parties responsible, and the value of the injury.

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

The earlier you get in touch with an Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The lawyer can begin to work on investigating your claim and gathering the evidence needed to present a compelling 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 the medical professional's negligent acts. Consult an experienced Colorado birth injury lawyer today to determine what your case's worth.