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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a baby is a joyful event. However, medical errors during the birth process can cause serious birth injuries. These injuries can have lifelong repercussions and significant financial costs for families.

A Denver birth injury attorney can help parents recover compensation for their child's lifelong medical needs. A claim can be made at any time prior to the minor's 8th birthday.

Birth Injury Causes

Medical malpractice occurs when a physician or health care professional deviates from accepted medical standards and results in injury or death. Medical negligence during childbirth, which may cause astronomical medical costs, lost income and the inability to provide for your child's basic needs is among the most preventable birth injuries. An experienced Denver birth injury lawyer such as Laura Brown can help you fight for your child's right to compensation.

Anoxia is one of the most frequent birth injuries. This type of birth injury could cause irreparable brain damage and affect the child's mental, physical and emotional performance. 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 the brachial plexus, which are nerves that extend from the upper spine to the shoulder, neck and arm. These injuries can result in a loss of functionality in the fingers, hands, and arms. They can also lead to the condition known as Erb's Palsy. These injuries are often caused by a condition that occurs during the birth process known as shoulder dystocia, where the baby becomes stuck in the birth canal and forces are applied in order to get the baby out. A nurse, doctor or midwife could fail to manage this situation and injure the brachial plexus.

Other injuries include a lack of blood flow to the fetus, poor oxygenation during labor and birth and intubation that is not properly done or an airway obstruction, elevated levels of bilirubin and distress in the fetus. Fetal distress can be detected by a quick test called the Apgar score. This test measures the color of a newborn's skin and breathing, Denver birth injury attorney muscle tone and heart rate following birth.

Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby's birth injury attorney near me. A lot of birth injuries are not diagnosed, such as subgaleal hemorrhages or skull fractures. For example 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 main cause of birth injuries. These lawsuits claim that the doctor, nurse or other healthcare provider breached their duty to care for the mother and child through their actions or inability to act.

A lawyer can help parents make a convincing case against a healthcare professional through studying the patient's medical records and obtaining expert witnesses. Medical professionals can provide evidence to demonstrate how a healthcare professional's actions, or inactions, hurt a patient.

In most cases, these medical experts will affirm that the doctor or other healthcare provider's actions are not a standard of care for their specialty. They will also offer opinions on the injuries that a healthcare provider should have been able to avoid. The attorney will use this information to negotiate a settlement with the doctor or hospital.

In many instances the hospital or doctor will offer a settlement prior to an investigation. They may settle to safeguard their reputation and avoid negative publicity. If the doctors or hospital refuse to settle, an attorney could make a claim for medical negligence in court.

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

The lawyers will argue that the defendants committed malpractice by not adhering to a standard of care for their profession and that their negligence resulted in the child's injuries. They will request compensation for the injury-related losses that include medical bills loss of earnings, as well as other expenses. A jury or judge 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 recklessness or inattention.

A Denver birth injury lawyer can help parents understand and assert their rights, and fight for fair compensation for medical expenses, therapy fees and other injury-related costs. They can help families assess the true value of their losses and pursue a medical malpractice lawsuit against the negligent healthcare providers.

Statute of limitations

Victims may file a lawsuit if a medical professional fails in their obligation to provide a baby or mother with the care that is required during labour, pregnancy, and delivery and the injuries can have life-altering consequences. A birth injury lawyer can assist families build a strong claim to obtain compensation for medical expenses and lost wages (if the parent has to be absent from to care for the child) and more.

Since state law establishes deadlines for when victims are able to make an action, it's critical to contact a birth injury attorney immediately following an alleged medical error that occurred during the birth process. An experienced lawyer can assist clients understand the timeline for filing a claim, as well as argue effectively for extensions if required.

A lawyer can begin to build a strong case for damages once they have taken on the case. They will collect the evidence needed. This can include medical records of the mother as well as the child, as well as the testimony of experts. Experts are able to explain to the court the standard of care for this type of situation and show how the actions of the medical practitioner weren't in accordance with the norm.

Based on the severity of the victim's injuries, the lawyer can also argue for compensation damages. This could include non-economic as well as economic damages, like the cost of suffering and emotional distress, disability and loss of enjoyment of life, and more. In certain instances lawyers may seek punitive damages in order to punish the defendant and serve as a deterrent to others.

Birth injury victims typically have multiple claims against different defendants, including doctors midwives, nurses, and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for the malpractice and who is liable. The victim and his family will be awarded compensation up to the maximum. The total amount of damages that can be awarded in a successful medical malpractice lawsuit is limited only by the state laws but they are able to include all the financial and personal losses that occur due to the injury.

Compensation

Birth injuries can range from minor traumas like broken bones to serious injuries that affect the child's health over the long term. Cerebral palsy and hypoxic ischemic Encephalopathy (HIE) are two of the most grave medical texas birth injury attorneys injuries. When an infant is deficient in oxygen their brain and other vital tissues are not able to receive the nutrients needed to function properly. Many factors can cause oxygen deprivation during labor and delivery which includes a lengthy or complicated pregnancy and the use of the vacuum during a difficult birth.

A Denver birth injury lawyer in Denver can help families and victims file a lawsuit against the responsible parties for the damages incurred, such as medical bills, lost wages, and suffering and pain. A claim could also be used to pay for the cost of equipment and therapy programs that may be necessary to provide care for the child.

It is essential to work with an attorney for birth injuries in your area because it will reduce the amount of time needed to be spent driving between meetings, court dates, and other legal procedures. Local law firms will also have a better understanding of the medical professionals involved in the birth of your child. They are more likely to know if they have any prior issues or previous history of negligence or malpractice.

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

A lawyer is also able to handle the preparation of the case. This is a very time-consuming process that requires the testimony of doctors and other experts. A lawyer will also make sure that the statutes of limitation are adhered to and that all necessary medical records are collected prior to filing lawsuits.

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