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A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a baby is a joyful experience. However, medical mistakes made during the labor and delivery process can result in serious birth injuries. These injuries can cause lifelong consequences and significant financial cost for families.

A Denver birth injury lawyer in Denver can assist parents in obtaining compensation for the ongoing care of their child. An application for compensation can be made anytime prior to the minor's eighth birthday.

Causes of Birth Injuries

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

There are many types of birth injuries, but one of the most common is one that causes oxygen deprivation (anoxia). This kind of birth injury can cause irreparable brain damage and affect the child's mental, physical and emotional performance. It can also cause delay in development, impulsive behavior, and learning difficulties.

Another type of birth injury involves nerve damage. This includes injuries to the brachial nerve which are nerves that run from the upper spine to the shoulder, neck, and arm. These injuries can lead to the loss of function in the hands, fingers, and arms. They can also result in the condition known as Erb's Palsy. These injuries are usually caused by a problem that occurs during delivery called shoulder dystocia, where the baby becomes stuck in the birth canal and forces are applied in order to deliver the child. A nurse, doctor or midwife might not be able to handle this situation and injure the brachial plexus.

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

Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby is born. For example, skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injury attorney washington county injuries remain undiagnosed. Brain imaging can reveal conditions such as cerebral palsy or hypoxic-ischemic encephalopathy.

Medical Malpractice

Many birth injuries are the result of medical malpractice or negligence. These lawsuits assert that doctors, nurses or other healthcare provider breached their duty to care for the mother and child through their actions or inability to act.

A lawyer can help parents build a strong case against a healthcare professional by looking over the medical records of the patient and hiring expert witnesses. Medical professionals can provide testimony to show how a healthcare professional's actions, or inactions, hurt a patient.

Often, these medical experts will confirm that the doctor's or healthcare provider's actions were below a standard of care for their field of expertise. They can also provide their opinions on the injuries that a healthcare provider should have been able to avoid. The attorney will then use this information to bargain with the hospital or doctor to reach a settlement.

In many instances the hospital or doctor will offer a settlement prior to the trial. They may settle to protect their reputation and avoid negative publicity. If the doctors or hospitals refuse to settle, a lawyer can file a medical malpractice lawsuit in the court.

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

The attorneys will argue that the defendants committed a crime 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 demand compensation for injuries-related expenses, such as medical bills, lost wages and other expenses. A judge or jury could award additional damages, such as economic losses, such as suffering and pain. In certain cases, juries and judges can also award punitive damages which is meant to punish defendants for their extreme negligence or omission.

A Denver birth injury lawyer can assist parents in understanding and asserting their rights and fight for fair compensation that covers medical costs as well as therapy costs and other injury-related costs. They can assist families in determining the total value of their losses and file a medical malpractice lawsuit against the negligent healthcare providers.

Statute of Limitations

If medical professionals fail to provide a baby or mother with the established standard of care during pregnancy, labor, and delivery, and the injuries lead to life-altering consequences the victims may pursue an action. A birth injury lawyer can help families to file a claim to obtain compensation for medical expenses, lost wages (if parents have to be absent from work to care for the child) and more.

A birth injury attorneys in california injury lawyer is important to contact as soon as you can following a suspected medical mistake during the birth process. The law of the state has deadlines for victims to adhere to. A skilled 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 decided to take on the case. They will gather the evidence required. This can include the medical records of the mother and child, as well as the testimony of expert witnesses. Experts are able to explain to the court the proper standard of care for this type of situation, and also explain why the actions of the medical professional were not in line with the standard of care.

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

Birth injury victims usually have multiple claims, such as against doctors, nurses and midwives. The lawyers at a birth injury firm can conduct a thorough investigation to determine which defendants are accountable for the lapses and who is accountable. They can then seek maximum compensation for the victim and their family. The amount awarded in a successful medical malpractice lawsuit is governed only by the state laws however, they may include all the personal and financial losses that occur due to the accident.

Compensation

Birth injuries can range from minor injuries like broken bones to more serious injuries that affect the child's health in the long term. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical athens birth injury attorney injuries. If a child is deprived of oxygen the brain and other vital tissues are unable to receive the nutrients needed to function effectively. The deficiency in oxygen can be caused by a variety of factors during labor and delivery. This can be caused by a long or complicated pregnancy, as well as the use a vacuum during a difficult birth.

A Denver birth injury lawyer can help victims and their families file a lawsuit against the responsible parties for the harm incurred, such as medical bills, lost wages, and pain and suffering. A lawsuit can also help cover the cost of specialized equipment and therapy programs that might be required to provide care for the child.

Employing a local attorney to deal with birth injuries is essential because it can save you time and effort traveling to and from court dates and other legal procedures. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. They will be more likely to be aware of whether they have any prior issues or a history of malpractice or negligence.

Medical malpractice claims are complex and expensive insurance companies frequently try to avoid liability by blaming victims for accidents. A birth injury lawyer who has expertise in investigating cases can identify what happened, the parties who were at fault, as well as the value of the injury.

A lawyer can also take on the task of preparing the case, which is usually very time-consuming and requires expert testimony from doctors and other professionals. A lawyer will also ensure that the statutes of limitations are met and that all the necessary medical records are obtained prior to filing a lawsuit.

The sooner you contact a Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The attorney will review your claim and gather the evidence needed to establish a solid claim for compensation. Medical documents and expert witness testimony and other evidence are essential to prove that the harm your child suffered was caused by a doctor's negligence. Consult an experienced Colorado birth injury lawyer today to learn what your case's worth.