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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child is a joyful event. Mistakes in medical care during delivery and labor can lead to serious birth injuries. These injuries can cause long-lasting damage and can be costly for families.

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

Birth Injuries: Causes

Medical malpractice occurs when doctors and other health professionals deviate from accepted medical practices and cause injury or even death. Medical negligence during childbirth, which may cause astronomical medical costs as well as the loss of income and 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 defend your child's rights to compensation.

Anoxia is among the most commonly occurring birth injuries. This kind of birth trauma can cause irreparable brain damage and impact a child's mental and physical functioning. It can also lead to developmental delays and impulsive behavior as well as learning disabilities.

Another type of birth injury is nerve damage. This includes nerve damage in the brachialplexus, which connect the spine to the shoulder, arm and neck. These injuries can result in a loss of function in the arms, hands, and fingers. They may also cause an illness known as Erb's Palsy. These injuries result from shoulder dystocia. This is a condition where the baby becomes stuck in the birth canal, and force is used to help deliver the baby. A doctor, nurse or midwife might not be able to handle this situation and cause injury to the brachial plexus.

Other injuries can include a lack of blood flow to the fetus, inadequate oxygenation during labor and delivery, improper intubation or airway obstruction, elevated levels of bilirubin, and distress of the fetus. Fetal distress can be identified by a simple test called the Apgar score. This test assesses the color of a newborn's skin and breathing, muscle tone, and heart rate after birth.

Certain birth injuries require immediate medical attention whereas others are not detected until months or years after the baby's birth. For example, subgaleal hemorrhages and skull fractures are easily identifiable, but many other birth injuries are not recognized. For instance brain imaging can show the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.

Medical Malpractice

Medical malpractice or negligence is the reason for many birth injuries. These lawsuits assert that a doctor, nurse or midwife or another healthcare provider failed in their duty of care to 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 provide testimony that shows how the actions of a healthcare professional or inactions hurt the patient.

In most cases, these medical experts will affirm that the doctor's or healthcare provider's actions were below the standard of care required for their specialty. They also provide their opinion on injuries that the healthcare professional should have been able prevent. The lawyer will then use this information to negotiate with the doctor or hospital to settle the matter.

In many cases the hospital or doctor will settle prior to the trial. They want to avoid negative publicity, and may accept a settlement to ensure their reputations. If the doctors or hospital refuse to accept a settlement, an attorney may make a claim for medical negligence in court.

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

The lawyers will argue that the defendants acted negligently by not adhering to a standard of care within their field, and that this negligence led to the injury of the child. They will seek compensation for the injury-related losses that include medical bills as well as lost earnings and other expenses. A judge or jury may award additional damages, including non-economic losses like pain and suffering. In certain instances juries and judges may also award punitive damages that is intended to penalize defendants for their extreme negligence or disregard.

A seasoned Denver birth injury lawyer can assist parents to understand their rights and fight for fair compensation to cover medical costs as well as therapy costs and other injury-related expenses. They can help families assess their full losses and bring a lawsuit against negligent healthcare providers.

Statute of limitations

Victims are able to sue in the event that a medical professional is not in their obligation to provide a child or mother with the standard of care established during labour, pregnancy, and delivery. The injuries can have life-altering consequences. A birth injury lawyer can help families file a successful claim to obtain the cost of medical bills and lost wages (if parents have to be absent from work to care for the child), and more.

A birth injury lawyer is essential to contact as soon as possible following a suspected medical mistake during the delivery process. State law has deadlines for victims to adhere to. A skilled lawyer can help clients understand the timeline for filing a claim, and also argue for extensions if required.

Once a lawyer takes on a case, they are able to begin to construct a strong argument to justify the claim for damages by gathering the required evidence. This could include medical documents of the mother and child, as well the testimony of experts. Experts can explain to the court the standards of care in this type of situation, and also explain why the actions of the medical practitioner were not in line with the norm.

Based on the severity of a victim's injuries, the lawyer may also be able to argue for compensatory damages. These could include both non-economic and economic damages, such as pain and suffering, emotional distress and loss of enjoyment of life, and so on. In some instances lawyers can seek punitive damage to punish the defendant and act as a warning for others.

Birth injury victims typically have multiple claims against a variety of defendants, including doctors nurses, midwives and other medical professionals. The lawyers at a firm that handles birth injuries can conduct a thorough investigation to determine who are accountable for the lapses and who should be held liable. They can then seek the maximum compensation for the victim and their family. The total amount that can be awarded in a successful medical malpractice suit is determined by state laws however, they may include all the personal and financial losses that result due to the injury claim lawyer (wilkinson-dickens-2.blogbright.net).

Compensation

Birth injuries can range from minor traumas such as broken bones to more serious injuries that impact the child's health in the long-term. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant is deprived of oxygen, their brain and other vital tissues are unable to get the nutrients they require to function effectively. The deficiency in oxygen can be caused by a range of factors during labor and birth. This can be caused by a long or complicated pregnancy, as well as the use of a vacuum during a particularly difficult birth.

A Denver birth injury lawyer in Denver can help victims and families bring a lawsuit in order to recover damages, such as medical expenses as well as lost wages, pain and suffering. A lawsuit can also help cover the cost of equipment and therapy programs that could be necessary for the child's care.

Hiring a local attorney for birth injuries is crucial because it will save you time and effort traveling to and from 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 previous problems or issues with malpractice or negligence.

Medical malpractice claims can be complicated and costly, and insurance companies often try to avoid liability by blaming victims for accidents. A birth injury lawyer with experience investigating cases can determine what happened, the parties who were at fault, as well as the worth of the injury lawyers near me.

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 qualified professionals. A lawyer will also ensure that the statute of limitations is adhered to and that the correct medical records are collected before filing a lawsuit.

The sooner you contact the Denver birth injury lawyer, the better. The lawyer will investigate your claim and gather the evidence needed to build a strong compensation case. Medical records, expert witness testimony, and other documentation is essential to prove that the injury your child suffered was the result of a doctor's negligence. Schedule a consultation with an experienced Colorado birth injury claims lawyers lawyer today to determine how much your case is worth.