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A Denver Birth Injury Attorney Can Help You File a Claim

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

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

Causes of birth injuries

Medical malpractice occurs when doctors and other health care professionals deviate from the accepted medical guidelines and cause injury or even death. Some birth injuries are preventable, and medical negligence during childbirth could result in astronomical medical costs or loss of income, as well as the inability to meet your child's needs. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to ensure your child's right to compensation.

There are many kinds of birth injuries, however one of the most prevalent is oxygen deprivation (anoxia). This type of birth trauma can cause irreparable brain damage and alter a child's cognitive and physical functioning. It can also cause delay in development, impulsive behavior and learning issues.

Another type of birth injury involves nerve damage. This includes injuries to the brachial plexus which are nerves that extend from the upper spine to the shoulder, neck and arm. These injuries can cause a loss of function in the hands, arms, and fingers. They may also cause an illness known as Erb's Palsy. These injuries are caused by shoulder dystocia. This is a condition in which the baby gets stuck in the birth canal and force is applied to birth the baby. This can result from a doctor, nurse, or midwife mishandling the situation and injuring the brachialplexus.

Other injuries include a deficiency of blood flow to the fetus, inadequate oxygenation during labor and delivery and intubation that is not properly done or an obstruction of the airway, elevated bilirubin levels, and distress in the fetus. Fetal distress is often detected with a quick test, known as the Apgar score, which measures a newborn's muscle tone, breath heart rate, breathing, and skin color after childbirth.

Certain birth injuries require immediate medical attention whereas others may not be detected for months or even years after the baby's birth. The injuries like subgaleal hemorrhages and skull fractures are immediately obvious, but many other birth injuries are not recognized. Brain imaging can reveal conditions like cerebral palsy, or hypoxic-ischemic encephalopathy.

Medical Malpractice

Many birth injuries are the result of medical malpractice or negligence. These lawsuits claim that a nurse or doctor, midwife, or other healthcare provider failed in their duty of care to the mother and child through their actions or inaction.

A lawyer can help parents to build a convincing case against a healthcare professional by studying the patient's medical records and obtaining expert witnesses. Medical professionals can provide evidence to show the way in which a healthcare professional's actions or lack of action harmed the patient.

Often, these medical experts will confirm that the doctor or other healthcare provider's actions are not the standards of care that are required in their field of expertise. They can also provide their opinions regarding the injuries medical professionals could have done more to prevent. The attorney will utilize this information to negotiate an agreement with the hospital or doctor.

In many cases the hospital or doctor will settle the matter prior to the trial. They wish to avoid negative publicity, and may be willing to settle to protect their reputations. If the hospital or doctors refuse to accept a settlement, an attorney may file a medical negligence lawsuit in the court.





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

The lawyers will argue that the defendants committed a crime in not adhering to the standards of care that they must adhere to in their work and that the negligence caused the child's injury. They will request compensation for the injuries-related losses including medical expenses as well as lost earnings and other expenses. A judge or jury can also award additional damages that include non-economic loss, such as suffering and pain. In some egregious cases juries or judges could also award punitive damages, that are designed to penalize the defendants for their carelessness or apathy.

An experienced Denver birth injury lawyer can help parents understand their rights and fight for fair compensation to cover medical expenses, therapy costs and other expenses related to injuries. They can help families determine their losses to the fullest extent and file a lawsuit against negligent healthcare providers.

Statute of Limitations

Victims are able to file a lawsuit if a medical professional fails in their obligation to provide a child, or mother, with the standard of care established during labour, pregnancy and delivery. The injuries have life-altering effects. A birth injury lawyer can help families to build an effective case to seek compensation for medical expenses, lost wages (if the parent needs to take time off to take care of their child) and other damages.

A birth injury lawyer is important to contact as quickly as is possible after a medical error is suspected during the birth process. State law stipulates deadlines that victims must comply with. An experienced lawyer can help clients understand the timelines for filing a claim, as well as argue effectively for extensions when needed.

A lawyer can start building a strong case for damages after they have decided to take on the case. They will collect the evidence needed. This could include medical records of the mother as well as the child, as well the testimony of experts. Experts are able to explain to the court the proper standard of care in this type of situation and show how the medical provider's actions did not conform to the standard of care.

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

Birth injuries victims often have multiple claims against various defendants, including 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 liable. They can then seek the 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, but they can include all the personal and financial losses that result due to the injury.

Compensation

Birth injuries can range from minor injuries such as broken bones to more serious injuries that affect the child's health over the long term. Cerebral palsy and hypoxic ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When a baby is deficient in oxygen, their brain and other vital tissues are unable to receive the nutrients needed to function properly. There are a variety of factors that can cause deficiency of oxygen during labor and birth, including a long or complicated pregnancy and the use of 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 incurred, such as medical expenses, lost wages, and pain and suffering. A claim could also cover the cost of any equipment or therapy programs that are required for the child's treatment.

Finding a local attorney for birth injuries is crucial because it will save you time and effort traveling to and from meetings, court dates, and other legal proceedings. Local law firms will also have a better understanding of the medical professionals involved in the birth of your child. They are more likely to be aware of any previous problems or issues with malpractice or negligence.

Accident Injury Lawyers can be complicated and expensive insurance companies frequently try to avoid liability by blaming the victims for injuries. A birth injury lawyer who has expertise in investigating cases can identify what transpired, who was responsible, and the value of the injury.

A lawyer can also be able to handle the preparation of the case. This is a lengthy process that requires the testimony of doctors and other experts. A lawyer can also ensure that the statutes of limitation are met and that all the necessary medical records are gathered prior to filing a lawsuit.

The earlier you get in touch with 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 build a strong compensation case. Medical documents, expert witness testimony, and other evidence is necessary to prove that the injury the child suffered was caused by a doctor's negligence. To learn more about the worth of your case, set up a a consultation today with an experienced Colorado birth injuries lawyer.