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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby should be a joyful time. Mistakes in medical care during delivery and labor can result in serious birth injuries. These injuries can have lasting effects and cost families a lot of money.

A Denver birth injury lawyer can help parents receive compensation for the care and treatment of their child. An action is possible at any time prior to a minor's eighth birthday.

Causes of Birth Injuries

Medical malpractice occurs when a physician or health professional deviates from the accepted medical guidelines and causes injury or death. Some birth injuries are preventable, and medical negligence during childbirth can lead to astronomical medical bills or loss of income, as well as inability to meet your child's requirements. Laura Brown, an experienced Denver birth injury lawyer can help you fight to protect your child's rights to compensation.

Anoxia is one of the most commonly occurring birth injuries. This kind of birth injury can cause irreparable brain damage and affect the child's mental, physical and emotional functioning. It can also cause developmental delays and impulsive behavior as well as learning disabilities.

Another type of birth injury involves nerve damage. This includes injuries to nerves in the brachialplexus that run from the spine to the shoulder, arm and neck. These injuries can result in an impairment in the hands, arms and fingers. These injuries can also cause Erb's Palsy. These injuries are caused by 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 could fail to manage this situation and cause injury to the brachial plexus.

Other injuries include a lack blood flow to the foetus, low oxygen levels during labor and birth, improper intubation, airway obstructions high bilirubin levels and stress in the fetus. Fetal distress is usually identified by a quick test known as the Apgar score, which evaluates a newborn's breath, muscle tone heart rate, breathing, and the color of the skin after childbirth.

Some birth injuries require immediate medical attention, while others aren't apparent until months or even years after the baby's birth. Many birth injuries are not identified, for instance, subgaleal haemorrhages or skull fractures. Brain imaging can reveal issues like cerebral palsy, or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Many birth injuries are the result of medical malpractice or negligence. These lawsuits claim that a doctor, nurse or midwife or any other healthcare provider violated their duty to care for the mother and child by their actions or failure to act.

A lawyer can assist parents make a convincing case against a healthcare professional through studying the patient's medical records and obtaining experts to testify. Medical professionals will give testimony that shows how the actions of a healthcare professional or inactions harmed the patient.

Often, these medical experts will testify that the doctor or other healthcare provider's actions fell below the standard of care required for their field of expertise. They also provide opinions on the harms that the healthcare provider could have done more to avoid. The lawyer will make use of this information to negotiate a settlement with the hospital or doctor.

In many cases the hospital or doctor will settle the matter prior to a trial. They are trying to avoid negative publicity, and may 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 the lawsuit is filed, parents will become plaintiffs, and the nurses, doctors and other medical professionals will become defendants. Lawyers will start the discovery process, which involves sharing all information that supports the case. They will also conduct depositions, which are sworn statements.

The attorneys will argue the defendants acted negligently by not adhering to a standard of care in their profession and that this negligence caused injury to the child. They will seek compensation for the injuries-related losses including medical expenses loss of earnings, as well as other expenses. A jury or judge 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 intended to punish defendants for their utter negligence or disregard.

A seasoned Denver birth injury lawyer can assist parents in understanding their rights and advocate for fair settlement to cover medical expenses, therapy expenses and other related expenses. They can assist families in determining the full worth of their losses and make a claim for medical malpractice against negligent healthcare providers.

Statute of Limitations

If medical professionals fail to provide a baby or mother with the standards of care during pregnancy, labor and delivery, and the injuries result in life-altering consequences the victims may pursue a lawsuit. A birth injury attorney can assist families in establishing 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) as well as other damages.

Because state law sets deadlines for when victims can make a claim, it is critical to contact a birth injury attorney as soon as possible after a suspected medical error during the fort collins birth injury attorney process. An experienced lawyer can help clients understand the timelines for filing a claim as well as argue effectively for extensions if needed.

A lawyer can begin constructing an effective case for damages after they have decided to take on the case. They will collect the evidence needed. This could include the mother's and child's medical records, as well as the testimony of expert witnesses. These experts can explain the standard of care in this type of situation, as well as show how the medical professional's actions deviated from the standard.

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

Birth injury victims typically have multiple claims against different defendants, such as doctors, nurses, midwives and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for negligence and who is liable. The victim and his family members can then be compensated to the maximum amount. The state laws restrict the amount of damages that can be awarded in a medical negligence lawsuit, however, it is possible to include all personal and financial losses as a result.

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. Some of the most serious medical birth injuries are cerebral palsy and hypoxic encephalopathy (HIE). When an infant experiences oxygen deprivation, this stops their brain and other vital organs from receiving the nutrients they require to function properly. The deficiency in oxygen can be caused by a variety of factors during labor and birth. These include a long or complicated pregnancy, as well as the use a vacuum during a difficult birth.

A Denver birth injury attorney can assist families and victims make a claim to obtain compensation, including medical expenses as well as lost wages, suffering. A claim could also pay for any special equipment or therapy program that is required for the child's treatment.

Finding a local attorney for birth injuries is important because it will save you time 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 issues or malpractice or negligence.

Medical malpractice claims can be complicated and expensive insurance companies typically try to avoid liability by blaming victims for the accidents. An experienced lawyer for birth injuries can look into the situation and determine what transpired and who was at fault and what the injury is worth.

A lawyer will also be competent in the preparation of the case. This is a very time-consuming process that requires the testimony of doctors and other experts. A lawyer can also ensure that the statutes of limitations are observed and that all the necessary medical records are obtained prior to filing lawsuits.

The sooner you contact the Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The lawyer will investigate your claim and gather the evidence needed to build a strong claim for compensation. Medical records, expert witness statements, and other documents are necessary to prove that your child's injuries were caused by a doctor or other medical professional's negligent acts. Contact an experienced Colorado birth injury lawyer today to learn the amount your case is worth.