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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 during the birth process can result in serious birth injuries. These injuries can cause lifelong repercussions and significant financial costs for families.

A Denver birth injury attorney can assist parents in obtaining compensation for their child's lifelong medical needs. An application for compensation can be made anytime prior to the child's 8th birthday.

Causes of birth injuries

Medical malpractice occurs when a doctor or health care professional deviates from accepted medical standards and can result in death or injury. Some birth injuries are preventable and medical negligence during childbirth could lead to astronomical medical bills as well as lost income and inability to meet your child's needs. Laura Brown, an experienced Denver birth injury lawyer, can assist you in fighting to protect your child's rights to compensation.

There are many kinds of birth injuries, but one of the most frequent is one that causes oxygen deprivation (anoxia). This type of birth injury can result in irreparable brain damage that can affect the child's physical, mental and emotional functioning. It could also lead to 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 the brachial plexus which are nerves that flow from the upper spine to the neck, shoulder, and arm. These injuries can cause an impairment in the fingers, hands, and arms. They can also lead to the condition known as Erb's Palsy. These injuries are typically caused by a problem during the birth process known as shoulder dystocia, where the baby gets stuck in the birth canal and forces are applied to try to bring the baby out. This can result from the nurse, doctor or midwife not properly handling 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, improper intubation or obstruction of the airway, elevated bilirubin levels, and distress of the fetus. Fetal distress is often detected through a simple test known as the Apgar score, which assesses the baby's breathing, muscle tone heart rate, breathing, and skin color after childbirth.

Some birth injuries require immediate medical attention whereas others are not detected until months or even years following the baby's birth. A lot of birth injuries are not recognized, such as subgaleal haemorrhages and skull fractures. For instance brain imaging may reveal the presence of certain conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.

Medical Malpractice

Many birth injuries result of medical malpractice or negligence. These lawsuits claim that the doctor, nurse or midwife or any another healthcare professional violated their duty to look after the mother and child by their actions or failure to act.

A lawyer can help parents build a strong case against a healthcare professional through studying the patient's medical records and hiring expert witnesses. These medical professionals will provide evidence to show how the actions of a healthcare professional or inactions harmed the patient.

These medical experts often provide evidence that a doctor's the actions of a healthcare professional fell short of the standards of care they provide for their particular area. They also provide their opinions on injuries a healthcare professional could have prevented. The attorney will then use this information to bargain with the doctor or hospital to reach a settlement.

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

When a lawsuit is filed the parents will become the plaintiffs, while doctors, nurses and other medical professionals become defendants. Lawyers will start the discovery process, which involves sharing all information that support the case. They will also take depositions which are sworn declarations.

The attorneys will argue the defendants were negligent in not adhering to a certain standard of care in their work and that this negligence caused injury to the child. They will demand compensation for injuries-related expenses including medical bills as well as lost wages and other expenses. A jury or judge can award additional damages including non-economic loss, such as suffering and pain. In some cases juries and judges can also award punitive damages, which is intended to punish defendants for their extreme negligence or omission.

An experienced Denver birth injury attorney can assist parents in understanding their rights and advocate for fair compensation to cover medical expenses as well as therapy costs and other expenses related to injuries. They can assist families in determining their losses to the fullest extent and file a lawsuit against negligent healthcare providers.

Statute of limitations

If medical professionals fail to provide an infant or mother with the established standard of medical care during labor, and delivery, and the resulting injuries result in life-altering consequences victims can bring an action. A birth injury lawyer can help families build a strong claim to recover compensation for medical expenses and lost wages (if the parent has to be absent from to care for the child) and more.

Since the law in each state sets deadlines for when a victim can file an action, it's important to contact an attorney for birth injuries as soon as you can after a suspected medical error during the birth process. An experienced lawyer will assist clients in understanding the timeframe to file a claim and can also effectively argue for extensions if needed.

When a lawyer is assigned a case, they are able to begin constructing a strong argument to justify the claim for damages by gathering the required evidence. This can include the mother's and child's medical records as well as the testimony of experts. Experts can explain to the court the standard of care for this type of situation, and also explain why the actions of the medical professional weren't in accordance with the standard.

The lawyer can also seek compensatory damages, depending on the severity of the victim's injuries. These damages may include economic and non-economic damages including pain and suffering, emotional distress, disability, and loss of enjoyment in life. In some cases lawyers can seek punitive damage to punish the defendant and serve as a warning to others.

Birth injury victims often have multiple claims, including against doctors, nurses and midwives. A birth injury law firm can conduct an investigation to determine who is responsible for the malpractice and who is liable. They can then seek the maximum compensation for the victim and their family. The total amount of damages granted in a successful medical malpractice suit is determined by state laws however, they may be inclusive of all personal and financial losses that occur due to the accident.

Compensation

A birth injury can vary from minor injuries such as broken bones to serious ones that impact a child's health. Some of the most serious medical birth injuries are cerebral palsy and hypoxic cerebrovascular disease (HIE). When an infant is deficient in oxygen their brain and other vital tissues are unable to get the nutrients they require to function properly. The lack of oxygen can be caused by a variety of causes during labor and delivery. This can be caused by a long or complex pregnancy, as well as the use of a vacuum during a difficult birth.

A Denver birth injury lawyer can assist victims and their families file a lawsuit against the accountable parties for the damages caused by the accident, such as medical bills, lost wages and pain and suffering. A claim could also be able to pay for any specialized equipment or therapy programs necessary for the child's treatment.

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

Medical malpractice claims can be extremely complex and expensive, and many insurance companies attempt to avoid liability by blaming the victim for the incident. A birth injury lawyer who has expertise in investigating cases can identify what happened, the parties responsible, and the value of the injury.

A lawyer can also be capable of handling the preparation of the case. This is a lengthy process that requires the testimony of medical professionals and doctors. A lawyer can also ensure that the statutes of limitation are observed and that all necessary medical records are obtained prior to filing lawsuits.

The sooner you speak to the Denver birth good injury lawyers near me attorney, the better. The attorney will begin to work investigating your claim and gathering the evidence required to present a compelling case for compensation. Medical documents and expert witness testimony and other evidence are essential to prove that the injury lawyer near me the child suffered was caused by the negligence of a doctor. Consult an experienced Colorado birth injury lawyer today to find out how much your case is worth.