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A Denver Birth Injury Attorney Can Help You File a Claim

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

A Denver birth injury lawyer can assist parents in obtaining compensation for the ongoing care of their child. The claim can be filed anytime prior to the minor's 8th birthday.

Causes of Birth Injury

Medical malpractice occurs when doctors or other health care professionals deviate from accepted medical practices which can result in injury lawyer near me or death. Certain birth injuries can be prevented, and medical negligence during childbirth could 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 attorneys near me lawyer, can assist you in fighting to defend your child's rights to compensation.

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

Another type of birth injury is nerve damage. This can include nerve injuries in the brachialplexus which extend from the spine to the shoulder, arm and neck. These injuries can lead to the loss of function in the hands, fingers, and arms. They can also lead to an illness called Erb's palsy. These injuries are typically caused by a condition that occurs during delivery called shoulder dystocia, in which the baby is stuck in the birth canal and forces are used 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 lack of blood flow to the fetus, low oxygen levels during labor and delivery as well as obstruction to the airway, high levels of bilirubin and fetal distress. Fetal distress can be detected through a simple test known as the Apgar score. This test assesses a newborn's skin color as well as breathing, muscle tone and heart rate following birth.

Certain birth injuries require immediate medical attention, while other injuries might not be discovered until months or even years after the baby's birth. For example, skull fractures or subgaleal hemorrhages are obvious, however many other birth injuries go undiagnosed. Brain imaging can reveal issues like cerebral palsy or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Medical negligence or malpractice is the main cause of birth injuries. These lawsuits assert that a doctor, nurse, midwife or other healthcare provider violated their duty to care for the mother and child by their actions or inability to act.

A lawyer can help parents to build a convincing case against a healthcare professional by looking over the medical records of the patient and hiring expert witnesses. These medical professionals can provide testimony to show how the actions of a healthcare professional or lack of them, have harmed a patient.

Most often, these experts will testify that the doctor or other healthcare provider's actions were below the standards of care that are required in their field of expertise. They can also provide their opinions regarding the injuries the healthcare provider could have been able to prevent. The attorney injury lawyer will then use this information to bargain with the doctor or hospital to reach a settlement.

In many cases the hospital or doctor will offer a settlement prior a trial. They wish to avoid negative publicity, and may accept a settlement to protect their reputations. If hospitals or doctors refuse to settle, a lawyer can make a claim for medical malpractice in court.

If a lawsuit is filed, the parents are plaintiffs, and the doctors, nurses and other medical professionals are defendants. Lawyers for injurys Near Me will begin the discovery process, which involves sharing all the evidence that support the case. They will also take depositions which are sworn statements.

The attorneys will argue that the defendants acted in a negligent manner by failing to adhere to the standards of care for their profession and that the negligence caused the child's injuries. They will seek compensation for the injury-related losses including medical expenses as well as lost earnings and other expenses. A judge or jury can also award additional damages that include economic loss, like pain and suffering. In some cases juries or judges can also award punitive damages that are designed to penalize the defendants for their carelessness or apathy.

A Denver birth injury lawyer in Denver can help parents understand and assert their rights, and fight for fair compensation for medical expenses therapy fees, as well as other related costs to an injury. They can help families assess the full value of their losses, and pursue 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 cause life-altering effects the victims may bring an action. A birth injury lawyer can assist families build a strong claim to recover compensation for medical bills and lost wages (if the parent has to be absent from work to care for the child) and much more.

A birth injury lawyer is important to contact as quickly as is possible following a suspected medical mistake during the birth process. State law has deadlines for victims to meet. An experienced lawyer will help clients understand the timelines to file a claim and also argue effectively for extensions if required.

A lawyer can begin constructing an effective case for damages once they have taken on the case. They will gather the evidence needed. This could include medical records of the mother as well as the child, along with the testimony of experts. Experts are able to explain to the court the standards of care for this type of situation, and also explain why the medical provider's actions did not conform to the standard of care.

Depending on the severity of a victim's injuries, a lawyer may also be able to argue for compensatory damages. These damages could include economic and non-economic damages including emotional distress, disability and loss of enjoyment in life. In certain cases lawyers may seek punitive damage to punish the defendant and act as a warning for others.

Victims of birth injuries often have multiple claims against various defendants, such as doctors, midwives, nurses and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for negligence and who should face liability. The victim and his family can then be compensated up to the maximum. The total amount of damages that can be awarded in a successful medical malpractice lawsuit is limited by state laws however, they may include all the personal and financial losses that have occurred as a result of the accident.

Compensation

Birth injuries can range from minor abrasions such as broken bones to more serious injuries that impact the child's health over the long term. Some of the most severe medical birth injuries are cerebral palsy as well as hypoxic ischemic cerebrovascular disease (HIE). When an infant experiences oxygen deprivation, it blocks their brain and other vital organs from receiving the nutrients they require to function effectively. A variety of factors can cause deficiency of oxygen during labor and birth, including a long or complicated pregnancy as well as the use of vacuum during a difficult birth.

A Denver birth injury lawyer can help victims and families file a lawsuit to obtain compensation, including medical expenses as well as lost wages, pain and suffering. A claim may also cover the cost of any equipment or therapy program that is required for the child's treatment.

Finding a local attorney for birth injuries is essential because it will save you time traveling to and from court dates, and other legal proceedings. A local law firm will also be more familiar with the medical experts and hospitals involved in your child's birth. They are more likely to be aware of any prior issues or negligence or malpractice.

Medical malpractice claims can be extremely complex and expensive, and a lot of insurance companies try to avoid responsibility by blaming the victim the accident. A experienced birth injury lawyer can look into the situation and determine what happened which party is responsible, and how much the injury is worth.

A lawyer is also able to handle the preparation of the case. This is a time-consuming process that requires testimony of medical professionals and doctors. A lawyer can also ensure that the statutes of limitations are observed and that all the necessary medical records are gathered prior to filing an action.

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 review your claim and gather the evidence necessary to build a strong compensation case. The medical documents and expert witness statements and other documentation are essential to prove the injury suffered by your child was caused by a doctor or other medical professional's negligent acts. To determine the value of your case, schedule a consultation today with an expert Colorado birth injuries lawyer.