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A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child should be a joyous occasion. However, medical mistakes made during the birth process can result in serious birth injuries. These injuries can have lasting effects and can be costly for families.

A Denver birth injury lawyer in Denver can help parents receive compensation for the care and treatment of their child. A claim 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 practices and causes injury or death. Some birth injuries are preventable and medical negligence during childbirth can cause astronomical medical expenses or loss of income, as well as inability to provide for your child's needs. Laura Brown, an experienced Denver washington birth injury attorney injury lawyer, can help you fight to protect your child's rights to compensation.

There are a variety of birth injuries, however one of the most common is oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It can also cause developmental delays, impulsive behavior and learning issues.

Another type of birth injury involves nerve damage. This includes injuries to nerves in the brachialplexus which run from the spine to the arm, shoulder and neck. These injuries can cause an impairment in the arms, hands and fingers. They may also cause an illness known as Erb's Palsy. These injuries result from 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. This can be caused by a doctor, nurse or midwife not properly handling the situation and injuring the brachialplexus.

Other injuries can include a lack of blood flow to the fetus inadequate oxygenation during labor and birth as well as airway obstruction, elevated levels of bilirubin, and fetal distress. Fetal distress can be detected by a simple test called the Apgar score. The test evaluates the 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 is born. The injuries like subgaleal hemorrhages or skull fractures are obvious, however many other birth injuries go undiagnosed. Brain imaging can reveal issues like cerebral palsy or hypoxic-ischemic cerephalopathy.

Medical Malpractice

Medical malpractice or negligence is the cause of many birth injuries. These lawsuits assert that a doctor, nurse or another healthcare professional violated their duty to care for the mother and child through their actions or failure to act.

A lawyer can assist parents build a strong case against a healthcare professional by reviewing the patient's medical records and obtaining expert witnesses. Medical professionals can offer testimony to show how the actions of a healthcare professional or lack of them, have harmed a patient.

These medical experts often testify that a doctor's or the actions of a healthcare professional fell below the standards of care they provide for their particular area. They also provide their opinion on injuries that the healthcare professional could have prevented. The attorney for birth injury will use this information to negotiate an agreement with the hospital or doctor.

In many instances doctors or hospitals will offer a settlement prior the trial. They are trying to avoid negative publicity and could be willing to settle to safeguard their reputations. If the doctors or hospitals refuse to accept a settlement, a lawyer could bring a medical malpractice lawsuit in the court.

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

The lawyers will argue that the defendants were negligent in not adhering to a certain standard of care in their work and that their negligence caused the injury to the child. They will ask for compensation for injuries-related expenses like medical bills as well as lost wages and other expenses. A jury or judge can award additional damages, including non-economic loss, such as pain and suffering. In some cases juries or judges can also award punitive damages, that are designed to penalize the defendants for their recklessness or apathy.

A Denver birth injury attorney near me injury lawyer in Denver can assist parents to understand and assert their rights, and fight for fair compensation for medical expenses therapy fees, as well as other costs related to injuries. They can help families determine the full value of their losses, and pursue a medical malpractice 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 birth, and the injuries lead to life-altering consequences, victims can pursue an action. A birth injury lawyer can assist families to file a claim to obtain the cost of medical bills and lost wages (if a parent must take time off work to take care of the child), and more.

Since state law establishes deadlines for when victims can file a claim, it is important to contact an attorney for birth injuries as soon as you can after the occurrence of a medical error in the birth process. An experienced lawyer can assist clients understand the timeline to file a claim and also argue for extensions if needed.

Once a lawyer takes on 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 and the testimony of experts. These experts can explain to the court the standard of care in this type of situation and show how the actions of the medical professional did not conform to the standard.

The lawyer may also seek compensation for damages, based on the degree 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 of life. In some instances lawyers can 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, including doctors, midwives, nurses, and other medical professionals. The lawyers at a firm that handles birth injuries can conduct an extensive investigation to determine who are responsible for the malpractice and who is accountable. They can then seek maximum compensation for the victim and their family. The total amount of damages awarded in a successful medical malpractice lawsuit is governed only by the state laws however, they may include all the personal and financial losses that have occurred as a result of the injury.

Compensation

A birth injury can vary from minor injuries such as broken bones to more serious ones that can affect a child's long-term health. Some of the most severe medical birth injuries are cerebral palsy as well as hypoxic ischemic encephalopathy (HIE). If a child experiences oxygen deprivation, it prevents their brain and other vital organs from getting the nutrients they need to function effectively. Oxygen deprivation can be caused by a variety of causes during labor and delivery. These include a long or complex pregnancy, as well as the use a vacuum during an especially difficult birth.

A Denver birth injury lawyer can assist victims and their families bring a lawsuit against responsible parties for the damages caused by the accident, such as medical expenses, lost wages, and pain and suffering. A lawsuit can also help cover the cost of equipment and therapy programs that may be required for the care of the child.

It's important to hire an attorney who is local to your area as it will cut down on the amount of time that has to be spent travelling between appointments, court dates, and other legal proceedings. 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 be aware of whether they have had previous issues or had a previous history of negligence or malpractice.

Medical malpractice claims can be complicated and costly, and insurance companies often attempt to minimize liability by blaming victims for the accidents. A experienced birth injury lawyer can investigate the case and determine what occurred which party is responsible and what the damage is worth.

A lawyer can also take on the burden of preparing the case, which can be extremely time-consuming and requires expert testimony from doctors and other professionals. A lawyer will also ensure that the statute of limitations is followed 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 attorney the sooner you can contact a Denver birth injury attorney. The attorney will begin to work in investigating your claim and gathering the evidence needed to present a compelling case for compensation. Medical documents and expert witness testimony and other evidence are essential to prove that the harm your child sustained was caused by the negligence of a doctor. Contact an experienced Colorado birth injury lawyer today to determine the amount your case is worth.