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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child is a joyful experience. Birth complications and medical errors during labor can lead to serious birth injuries. These injuries can have lasting effects and be costly for families.

A Denver birth injury lawyer in Denver can help parents get compensation for the care and treatment of their child. The claim can be filed at any time before a minor's eighth birthday.

Causes of Birth Injury

Medical malpractice occurs when a doctor or health care professional deviates from accepted medical standards and results in injury or death. Medical negligence during childbirth, which can cause astronomical medical costs, lost income and the inability to provide for your child's basic needs, is one of the most avoidable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can help you fight to protect your child's rights to compensation.

There are many types of birth injury attorney washington county injuries, but one of the most prevalent is one that causes oxygen deprivation (anoxia). This type of birth trauma can cause irreparable damage to the brain and alter a child's cognitive and physical functioning. It can also lead to delay in development, impulsive behavior, and learning difficulties.

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 cause a loss of functionality in the fingers, hands and arms. They can also lead to a condition known as Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition in which the baby is stuck in the birth canal, and force is used to deliver the baby. A nurse, doctor, or midwife might not be able to handle this situation and injure the brachial plexus.

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

Some birth injuries require immediate medical attention, whereas others aren't apparent until months or even years after the baby's birth. For example, subgaleal hemorrhages or skull fractures are immediately obvious, but many other birth injuries remain undiagnosed. For instance brain imaging may reveal the presence of certain conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.

Medical Malpractice

Medical negligence or malpractice is the reason for many birth injuries. These lawsuits assert that a doctor, nurse or midwife or any other healthcare provider breached their duty to care for the mother and child through their actions or failure 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 obtaining expert witnesses. Medical professionals can provide evidence to show how the actions of a healthcare professional or lack of action harmed the patient.

Often, 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 opinions on injuries medical professionals should have been able prevent. The lawyer will then use this information to negotiate with the hospital or doctor for a settlement.

In many cases the hospital or doctor will settle the matter prior to the trial. They might settle to protect their reputation and avoid negative publicity. If the hospital or doctor refuse to accept a settlement, an attorney may bring a medical negligence lawsuit in the court.

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

The attorneys will argue the defendants committed negligence by not adhering to a standard of care in their profession and that this negligence caused injury to the child. They will request compensation for the losses resulting from the injury that include medical bills as well as lost earnings and other expenses. A judge or jury may award additional damages, such as non-economic losses like pain and suffering. In certain instances juries and judges can also award punitive damage, which is meant to punish defendants for their extreme negligence or omission.

A Denver birth injury lawyer can assist parents to understand and assert their rights and fight for fair compensation for medical expenses as well as therapy costs and other related costs to an injury. They can help families determine the true value of their losses, and make a claim for medical malpractice against negligent healthcare providers.

Statute of limitations

Victims may bring a lawsuit when a medical professional fails in their obligation to provide a baby or mother with the standards of care established during pregnancy, labour, and delivery and the injuries have life-altering effects. A birth injury attorney colorado springs injury lawyer can assist families to file a claim to obtain compensation for medical expenses and lost wages (if a parent must leave work to take care of the child) and much more.

Since the law in each state sets deadlines for when a victim can file a claim, it is important to contact an attorney for birth injuries as soon as possible after an alleged medical error that occurred during the birth process. A skilled lawyer can help clients understand the timeline for filing a claim and can also effectively argue for extensions if required.

After a lawyer has taken on a case, they can begin constructing a strong argument to support the claim for damages by gathering the necessary evidence. This can include medical documents of the mother and child, as well the testimony of experts. Experts are able to explain to the court the 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 a victim's injuries, the lawyer may also be able to argue for compensatory damages. This could include non-economic and economic damages, like the cost of suffering and emotional distress, loss of enjoyment of life, and so on. In some cases lawyers may demand punitive damages to punish the defendant as well as act as a warning for others.

Birth injury victims typically have multiple claims against different defendants, including doctors nurses, midwives, and other medical professionals. The lawyers at a birth injury firm will conduct an extensive investigation to determine which defendants are accountable for the negligence and who is liable. They can then pursue maximum compensation for the victim and their family. The amount that can be awarded in a successful medical malpractice lawsuit is limited only by the state laws but they are able to include all financial and personal losses that occur as a result of the accident.

Compensation

A santa fe birth injury attorney injury can range from minor injuries like broken bones to serious ones that affect a child's long-term health. Some of the most serious medical birth injuries are cerebral palsy and hypoxic ischemic cerebrovascular disease (HIE). When a baby is deficient in oxygen the brain and other vital tissues are unable receive the nutrients needed to function properly. A variety of factors can cause deficiency of oxygen during labor and delivery which includes a lengthy or difficult pregnancy, as well as the use of the vacuum during an uneasy birth.

A Denver birth injury lawyer can help families and victims bring a lawsuit against responsible parties for the harm caused by the accident, such as medical bills, lost wages and pain and suffering. A lawsuit can also help cover the cost of equipment and therapy programs that might be necessary for the child's care.

It's important to hire an attorney who is local to your area because it will reduce the amount of time that must be spent travelling back and forth for meetings with court dates, court dates, and other legal proceedings. Local law firms will also be more familiar with the medical experts involved in the birth of your child. They will be more likely to be aware of whether they have had prior issues or a past history of negligence or malpractice.

Medical malpractice claims can be extremely difficult and expensive, and a lot of insurance companies try to avoid responsibility by blaming the victim the incident. A skilled birth injury lawyer can investigate the case and determine what happened, who is at fault and what the injury is worth.

A lawyer will also be capable of handling the preparation of the case. This is a very time-consuming process that requires the testimony of doctors and other professionals. Additionally, a lawyer can 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 an Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The attorney can get to work in investigating your claim and gathering the evidence required to build a strong claim for compensation. Medical records and expert witness statements and other documents are necessary to prove that your child's injuries were the result of an medical professional's negligent actions. To learn more about the worth of your case, schedule a consultation today with an experienced Colorado birth injuries lawyer.