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A Denver Birth Injury Attorney Can Help You File a Claim

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

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

Causes of Birth Injuries

Medical malpractice happens when a doctor or health professional deviates from the accepted medical guidelines and can result in death or injury. Medical negligence during childbirth, which may result in astronomical medical expenses and loss of income, as well as the inability to meet the basic needs of your child, is one of the most avoidable birth injuries. A seasoned Denver birth injury lawyer like Laura Brown can help you fight for your child's right to compensation.

There are many types of birth injuries, but one of the most common involves oxygen deprivation (anoxia). This type of birth injury can cause irreparable brain damage that can affect the child's physical, mental and emotional performance. It can also lead to delay in development, impulsive behavior, and learning difficulties.





Another kind of birth injury is nerve damage. This can include nerve injuries in the brachialplexus that extend from the spine to the shoulder, arm and neck. These injuries can lead to an impairment in the fingers, hands and arms. These injuries can also lead to Erb's Palsy. These injuries result from shoulder dystocia. This is a condition that occurs when the baby gets stuck in the birth canal and force is applied to birth the baby. This can result from the nurse, doctor, or midwife mishandling the situation, causing injury to 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 levels of bilirubin, and distress of the fetus. Fetal distress can be detected by a simple test called the Apgar score. This test assesses the color of a newborn's skin as well as 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. For example, skull fractures or subgaleal hemorrhages are immediately obvious, but many other birth injuries are not recognized. For example, brain imaging can reveal the presence of 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 nurse or doctor or midwife or another healthcare provider failed in their duty of care to the mother and child through their actions or inaction.

A lawyer can assist parents make a convincing case against a healthcare professional by reviewing the patient's medical records and hiring experts to testify. Medical professionals can provide evidence to demonstrate how the actions of a healthcare professional or inactions, hurt the patient.

Most often, these experts will affirm that the doctor or other healthcare provider's actions are not the standards of care that are required in their specialty. They also offer their opinions on injuries the healthcare professional should have been able to prevent. The attorney will then utilize this information to bargain with the doctor or hospital to reach a settlement.

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

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

The attorneys will argue that the defendants acted in a negligent manner in not adhering to a standard of care that they must adhere to in their work and that their negligence resulted in the child's injuries. They will seek compensation for injury-related expenses like medical bills as well as lost wages and other expenses. A judge or jury could decide to award additional damages, which could include non-economic losses, like pain and suffering. In some egregious cases, juries or judges may also award punitive damages that are designed to penalize the defendants for their carelessness or inattention.

A Denver birth injury lawyer in Denver can assist parents to understand and assert their rights and fight for fair settlement that covers medical costs therapy fees, as well as other related costs to an injury. They can assist families in determining the true value of their losses and file a medical malpractice lawsuit against the negligent healthcare providers.

Statute of limitations

If a medical professional fails to provide an infant or mother with the established standards of care during pregnancy, labor and birth, and the injuries lead to life-altering consequences victims can bring a lawsuit. A birth injury lawyer can assist families build a strong claim to recover compensation for medical expenses and lost wages (if a parent must be absent from to care for the child) and much more.

A birth injury lawyer is essential to contact as soon as you can after a medical error is suspected during the birth process. birth injury attorney bronx has deadlines that victims must meet. A skilled lawyer can assist clients in understanding the timeframe to file a claim and also argue effectively for extensions if needed.

A lawyer can begin to build a strong case for damages after they have taken over the case. They will gather the evidence needed. This can include medical records of the mother and child, as well as the testimony of experts. Experts can explain the standards of care that apply in this particular situation, as well as show how the medical professional's actions deviated from the standard.

Depending on the severity of the victim's injuries, the lawyer can also advocate for compensatory damages. These damages could include economic and non-economic damages including pain and suffering, emotional distress, disability, and loss of enjoyment in life. In certain instances lawyers may demand punitive damages to penalize the defendant and act as a deterrent for others.

Victims of birth injuries often have multiple claims against different defendants, including doctors, nurses, midwives, and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for negligence and who is accountable. The victim and his family will then be compensated to the maximum. The amount that can be awarded in a successful medical malpractice lawsuit is governed only by the state laws but they are able to be inclusive of all personal and financial losses that occur due to the injury.

Compensation

Birth injuries can range from minor injuries such as broken bones to serious injuries that impact the child's health in the long term. Some of the most serious medical birth injuries include cerebral palsy and hypoxic cerebrovascular disease (HIE). When an infant experiences oxygen deprivation, it blocks their brain and other vital organs from getting the nutrients they need to function effectively. The deficiency in oxygen can be caused by a variety of factors during labor and birth. This includes a prolonged or complex pregnancy, and the use of 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 that result from the injury, including medical bills, lost wages and pain and suffering. A claim could also assist in the payment of special equipment and therapy programs that may be required for the child's care.

It's important to hire an attorney for birth injuries in your area since it will decrease the amount of time needed to be spent travelling back and forth for meetings with court dates, 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 be aware of any previous problems or issues with malpractice or negligence.

Medical malpractice claims are complex and expensive insurance companies frequently attempt to minimize liability by blaming victims for accidents. An experienced lawyer for birth injuries will investigate the case and determine what occurred, who is at fault and what the injury is worth.

A lawyer can also take on the burden of preparing the case which is often extremely time-consuming and requires expert testimony from doctors and other experts. A lawyer will also make sure that the statutes of limitation are adhered to and that all medical records are obtained prior to filing an action.

The sooner you speak to an Denver birth injury attorney, the better. The lawyer will investigate your claim and gather the evidence necessary to create a strong claim for compensation. The medical documents as well as expert witness statements and other documentation are essential to show that your child's injury was the result of the medical professional's negligence. To determine the value of your case, schedule an appointment with an experienced Colorado birth injury lawyer.