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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby is a joyful event. However, medical mistakes made during the labor and delivery process can result in serious birth injuries. These injuries can have lifelong consequences and a significant financial burden for families.

A Denver birth injury lawyer can help parents receive compensation for the lifetime care of their child. A claim can be made at any time prior to the child's 8th birthday.





Causes of Birth Injuries

Medical malpractice occurs when doctors and other health professionals deviate from accepted medical practices and cause injury or even death. Some birth injuries are preventable, and medical negligence during childbirth can result in astronomical medical costs, lost income, and inability to meet your child's needs. A seasoned Denver birth injury attorney like Laura Brown can help you fight for your child's right to compensation.

There are a variety of birth injuries, however one of the most common is oxygen deprivation (anoxia). This kind of birth injury can result in irreparable brain damage that can affect the child's mental, physical, and emotional functioning. It can also cause the development of a child and impulsive behavior as well as learning disabilities.

Another form of birth trauma is nerve damage. This includes injuries to nerves in the brachialplexus which extend from the spine to the arm, shoulder and neck. These injuries can cause the loss of function in the hands, arms and fingers. These injuries may also lead to Erb's palsy. These injuries result from shoulder dystocia. This is a condition that occurs when the baby is stuck in the birth canal and force is used to birth the baby. A nurse, doctor, or midwife might not be able to handle this situation, causing injury to the brachial plexus.

Other injuries include a deficiency of blood flow to the fetus low oxygen levels during labor and birth and intubation that is not properly done or an obstruction of the airway, elevated bilirubin levels, and distress of the fetus. Fetal distress is usually identified with a quick test, known as the Apgar score, which assesses the newborn's breathing, muscle tone, heart rate, and skin color after childbirth.

Some birth injuries require immediate medical attention, while others may not be detected until months or even years after the baby is born. The injuries like subgaleal hemorrhages or skull fractures are easily identifiable, but many other birth injuries go undiagnosed. For instance brain imaging may reveal the presence of certain conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.

Medical Malpractice

Many birth injuries are the result of medical malpractice or negligence. These lawsuits allege that a doctor or nurse or midwife, or any other healthcare provider breached their duty of care to the mother and child through 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 will give evidence that demonstrates how the actions of a healthcare professional or lack of action harmed the patient.

Most often, these experts will affirm that the doctor's or healthcare provider's actions were below the standards of care that are required in their specialty. They will also give their opinions on injuries a healthcare professional could have prevented. The attorney will then use this information to negotiate with the doctor or hospital to settle the matter.

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

When the lawsuit is filed, the parents will become the plaintiffs, while nurses, doctors and other medical professionals will become defendants. Lawyers will begin the discovery process which involves sharing all the evidence that support the case. They also will take depositions, or sworn statements.

The attorneys will argue that the defendants committed malpractice by failing to adhere 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 injury-related losses that include medical bills as well as lost earnings and other expenses. A judge or jury can award additional damages including non-economic losses, like pain and suffering. In some cases juries and judges can also award punitive damage, which is meant to punish defendants for their utter negligence or omission.

A Denver birth injury lawyer can assist parents in understanding and asserting their rights, and fight for fair settlement that covers medical costs, therapy fees and other injury-related costs. They can help families assess the true value of their losses, and make a claim for medical malpractice against negligent healthcare providers.

Statute of limitations

Victims are able to file a lawsuit when a medical professional fails in their duty to provide a child, or mother, with the care during labour, pregnancy, and delivery. Injuries can have life-altering consequences. A birth injury lawyer can assist families build a strong claim to obtain compensation for medical bills, lost wages (if the parent has to take time off work to take care of the child) and much more.

A birth injury lawyer is essential to contact as soon as you can in the event of a medical mistake during the birth process. The law of the state has deadlines for victims to adhere to. An experienced lawyer will help clients understand the timelines to file a claim and can also successfully argue for extensions if required.

A lawyer can begin constructing a strong case for damages once they have taken on the case. They will gather the necessary evidence. This can include medical records of the mother as well as the child, as well the testimony of experts. These experts can explain to the court the proper standard of care in this kind of scenario and explain how the actions of the medical practitioner were not in line with the norm.

Depending on the severity of the victim's injuries, the lawyer may also be able to argue for compensation damages. These damages can include both economic and non-economic damages, including pain and suffering, emotional distress, disability, and loss of enjoyment of the life. In certain instances lawyers may seek punitive damages to penalize the defendant and act as a deterrent for others.

Birth injuries victims often have multiple claims against a variety of defendants, such as doctors, nurses, midwives, and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for negligence and who should face liability. They can then seek maximum compensation for the victim and their family. The amount awarded in a successful medical malpractice lawsuit is limited 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 accident.

Compensation

Birth injuries can range from minor injuries like broken bones to serious injuries that affect the child's health in the long run. 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 not able to receive the nutrients required to function properly. Many factors can lead to the loss of oxygen during labor and delivery, including a long or complicated pregnancy and the use of vacuum during the birth process.

A Denver birth injury lawyer can assist families and victims bring a lawsuit in order to recover damages, such as medical expenses, lost wages and suffering and pain. A claim could also cover the cost of any specialized equipment or therapy programs that are required for the child's treatment.

Finding a local attorney for birth injuries is crucial since it will help you save time traveling to and from court dates, and other legal procedures. A local law firm will also be more familiar with the medical specialists and hospitals that were involved in the birth of your child. They are more likely to be aware of any previous issues or negligence or malpractice.

Medical malpractice claims are complex and costly insurance companies typically attempt to minimize liability by blaming victims for accidents. A birth injury lawyer who has experience investigating cases can determine what happened, the parties who were at fault, as well as the worth of the injury.

A lawyer can also handle the task of preparing the case which can be very time-consuming and requires expert testimony from doctors and other experts. Lastly, a lawyer will ensure that the statute of limitations is followed and that all the necessary medical records are obtained prior to filing a lawsuit.

The earlier you get in touch with a Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney will begin to work in investigating your claim and gathering the evidence needed to present a compelling case for compensation. Medical records as well as expert witness testimony and other evidence is necessary to prove that the injury your child suffered was caused by a doctor's negligence. Consult www.accidentinjurylawyers.claims experienced Colorado birth injury lawyer today to determine the amount your case is worth.