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A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a baby is a joyful event. However, medical errors during the labor and delivery process can cause serious birth injuries. These injuries can cause long-lasting damage and can be costly for families.

A Denver birth injury lawyer in Denver can help parents receive compensation for the lifetime care of their child. A claim is possible at any time before a minor's eighth birthday.

Birth Injury Causes

Medical malpractice occurs when doctors and other health professionals stray from accepted medical standards, causing injury or death. Some birth injuries are preventable, and medical negligence during childbirth could cause astronomical medical expenses or loss of income, as well as the 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 common birth injuries. This kind of birth trauma can cause irreparable damage to the brain and alter a child's cognitive and physical functioning. It can also cause developmental delays, impulsive behaviors, and learning difficulties.

Another kind of birth injury involves nerve damage. This can include nerve injuries in the brachialplexus which run from the spine to the arm, shoulder and neck. These injuries can lead to a loss of function in the arms, hands, and fingers. These injuries can also cause Erb's Palsy. These injuries result from shoulder dystocia. This is a condition where the baby becomes stuck in the birth canal and force is used to birth the baby. This could be due to the nurse, doctor or midwife not properly handling the situation and injuring the brachialplexus.

Other injuries can include a lack of blood flow to the fetus, low oxygen levels during labor and delivery and intubation that is not properly done or an obstruction of the airway, elevated bilirubin levels, and fetal distress. Fetal distress is usually detected with a quick test, known as the Apgar score, which assesses the baby's muscle tone, breath as well as heart rate and the color of the skin after birth.

Certain birth injuries require immediate medical attention while others may not be detected for months or years after the baby's birth. For example, skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injuries are not recognized. For example, brain imaging can reveal the presence of certain conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy.

Medical Malpractice

Many birth injuries result of negligence or medical malpractice. These lawsuits assert that a doctor, nurse or other healthcare provider violated their duty to look after the mother and child by their actions or failure to act.

A lawyer can help parents in building a strong case by looking over the medical records of the patient and hiring experts to testify. Medical professionals can provide evidence to demonstrate how the actions of a healthcare professional, or lack thereof, harmed a patient.

Medical experts typically declare that a doctor's or other healthcare professional's actions were below the standard of care for their speciality. They will also give their opinions on injuries the healthcare professional should have been able to prevent. speaking of will then use this information to negotiate with the hospital or doctor for a settlement.





In many cases the hospital or doctor will settle before an investigation. They may agree to settle to safeguard their reputation and avoid negative publicity. If the hospitals or doctors refuse to settle, a lawyer may bring a medical malpractice lawsuit in court.

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

The attorneys will argue the defendants committed negligence by not adhering to a certain standard of care in their work, and that this negligence led to the injury of the child. They will ask for compensation for the costs incurred due to injuries, such as medical bills or lost wages, among other expenses. A judge or jury may award additional damages, including economic loss, like suffering and pain. In some cases juries or judges could also award punitive damages, which are intended to punish the defendants for their carelessness or disregard.

An experienced Denver birth injury attorney can assist parents to understand their rights and fight for fair compensation to cover medical costs as well as therapy costs and other related expenses. They can help families determine their full losses and make a claim against negligent healthcare providers.

Statute of Limitations

If medical professionals fail to provide a baby or mother with the established standards of care during pregnancy, labor and birth, and the injuries result in life-altering consequences victims can file an action. An attorney for birth injuries can assist families in establishing an effective case to seek compensation for medical expenses, lost wages (if the parent needs to leave work to take care of their child), and other damages.

Since the law in each state sets deadlines for when victims can file claims, it is essential to speak with a birth injury attorney as soon as possible after a suspected medical error during the birth process. An experienced lawyer can help clients understand the timelines to file a claim and can also effectively argue for extensions if needed.

A lawyer can begin constructing a strong case for damages once they have taken on the case. They will gather the evidence needed. This can include the medical records of the mother and child and the testimony of experts. These experts can provide an explanation of the standards of care that apply in this type of situation, as well as show how the medical professional's actions were different from the norm.

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

Birth injuries victims often have multiple claims against various defendants, including doctors nurses, midwives and other medical professionals. The lawyers of a birth injury firm will conduct an exhaustive investigation to determine which defendants are responsible for the malpractice and who is accountable. The victim and his family can then be compensated to the maximum amount. The total amount of damages that can be awarded in a successful medical malpractice lawsuit is limited by state laws but they are able to be inclusive of all financial and personal losses that result as a result of the accident.

Compensation

A birth injury can vary from minor injuries such as broken bones to serious ones that affect a child's long-term health. Some of the most severe medical birth injuries include cerebral palsy and hypoxic encephalopathy (HIE). When a baby suffers from oxygen deprivation, it prevents their brain and other vital organs from getting the nutrients they need to function properly. Many factors can cause oxygen deprivation during labor and birth such as a prolonged or difficult pregnancy, as well as the use of vacuum during the birth process.

A Denver birth injury lawyer can help victims and families file a lawsuit to recover damages, such as medical expenses, lost wages and pain and suffering. A claim may also pay for any equipment or therapy program that is required to treat the child.

It is crucial to engage a local birth injury attorney because it will reduce the amount of time needed to be spent travelling between meetings as well as court dates and other legal procedures. A local law firm will also be more familiar with the medical experts and hospitals that were involved in the birth of your child. They are more likely to be aware of any previous problems or issues with malpractice or negligence.

Medical malpractice claims can be complicated and costly, and insurance companies often try to avoid liability by blaming victims for accidents. A birth injury lawyer who has years of experience in investigating cases can determine what happened, the parties responsible, and the value of the injury.

A lawyer can also be able to handle the preparation of the case. This is a lengthy process that requires the testimony of doctors and other experts. Lastly, a lawyer will ensure that the statute of limitations has been adhered to and that the correct medical records are collected before filing an action.

The sooner you contact an attorney in Denver the earlier you contact an attorney in Denver, the better. The lawyer can begin to work on investigating your claim and gathering the evidence needed to establish a convincing claim for compensation. Medical records, expert witness testimony, and other documentation is essential to prove that the injury your child sustained was caused by a doctor's negligence. Consult an experienced Colorado birth injury lawyer today to find out what your case's worth.