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A Denver Birth Injury Attorney Can Help You File a Claim The birth of a child is a joyous event. Mistakes in medical care during delivery and labor can result in serious birth injuries. These injuries can have long-lasting effects and be costly for families. A Denver birth injury lawyer can help parents receive compensation for the care and treatment of their child. An action can be filed any time prior to the minor's eighth birthday. Causes of birth injuries Medical malpractice happens when a doctor or health care professional deviates from accepted medical standards and results in injury or death. Some birth injuries are preventable, and medical negligence during childbirth could lead to astronomical medical bills or loss of income, as well as inability to meet your child's needs. Laura Brown, an experienced Denver birth injury lawyer can help you fight to ensure your child's right to compensation. There are many kinds of birth injuries, however one of the most prevalent is one that causes oxygen deprivation (anoxia). This kind of birth injury can cause irreparable brain damage that can affect the child's mental, physical, and emotional functioning. It can also lead to developmental delays as well as impulsive behavior and learning disabilities. Another kind of birth injury is nerve damage. This includes injuries to the brachial nerve which are nerves that run from the upper spine to the shoulder, neck and arm. These injuries can result in an impairment in the hands, fingers, and arms. They can also result in a condition known as Erb's palsy. These injuries are often caused by a problem that occurs during the birth process, which is known as shoulder dystocia. in which the baby is stuck in the birth canal and forces are used to bring the baby out. A nurse, doctor, or midwife might not be able to handle this situation and cause injury to the brachial plexus. Other injuries include a deficiency of blood flow to the fetus, low oxygen levels during labor and birth and intubation that is not properly done or an obstruction to the airway, high levels of bilirubin, and distress in the fetus. Fetal distress is usually detected by a quick test called the Apgar score, which assesses the newborn's muscle tone, breath as well as heart rate and the color of the skin after birth. Some birth injuries require immediate medical attention, whereas others aren't apparent until months or even years after the baby's birth. The injuries like subgaleal hemorrhages and skull fractures are easily identifiable, but many other birth injuries remain undiagnosed. Brain imaging can reveal issues such as cerebral palsy or hypoxic-ischemic encephalopathy. Medical Malpractice Many birth injuries result of medical malpractice or negligence. These lawsuits claim that a nurse or doctor or midwife, or any other healthcare provider breached their duty of care to the mother and child by their actions or inaction. A lawyer can help parents to build a convincing case against a healthcare professional through looking over the medical records of the patient and obtaining experts to testify. Medical professionals will give evidence that demonstrates the way in which a healthcare professional's actions or inactions harmed the patient. These experts in medicine often declare that a doctor's or another healthcare provider's actions fell short of the standards of care for their speciality. They also provide their opinion on injuries that the healthcare professional should have been able prevent. The lawyer will utilize this information to negotiate an agreement with the doctor or hospital. In many cases the hospital or doctor will offer a settlement prior the trial. They might settle to ensure their reputation and to avoid negative publicity. If the hospitals or doctors refuse to accept a settlement, a lawyer could file a medical malpractice lawsuit in court. If the lawsuit is filed, the parents will become the plaintiffs and the nurses, doctors and other medical professionals become defendants. Lawyers will start the process of discovery that involves sharing all information that can support the case. They also will take depositions or sworn statements. The attorneys will argue the defendants were negligent in not adhering to a standard of care in their work and that their negligence caused the injury to the child. They will seek compensation for the costs incurred due to injuries like medical bills or lost wages, among other expenses. A judge or jury could award additional damages, including non-economic losses like pain and suffering. In certain cases of adversity juries or judges could also award punitive damages which are intended to punish the defendants for their extreme carelessness or disregard. A seasoned Denver birth injury attorney can assist parents to understand their rights and advocate for fair settlement to cover medical expenses as well as therapy costs and other related expenses. They can help families assess the true value of their losses, and make a claim for medical malpractice against the negligent healthcare providers. Statute of Limitations Victims may bring a lawsuit if a medical professional fails in their duty to provide a baby or mother with the care established during labour, pregnancy and delivery. The injuries have life-altering effects. A birth injury lawyer can help families to file a claim to recover compensation for medical bills as well as lost wages (if parents have to be absent from work to care for the child) and more. A birth injury lawyer is important to contact as soon as possible in the event of a medical mistake during the delivery process. The law of the state has deadlines for victims to adhere to. An experienced lawyer can help clients understand the timelines to file a claim and also argue for extensions if needed. Once a lawyer takes on a case, they can begin to construct a strong argument to support the claim for damages by gathering the needed evidence. This could include the mother's and child's medical records as well as the testimony of expert witnesses. Experts can explain to the court the standard of care for this type of scenario and explain how the actions of the medical professional weren't in accordance with the norm. The lawyer can also pursue compensatory damages, depending on the extent of the injury. These could include non-economic as well as economic damages, such as the cost of suffering and emotional distress, loss of enjoyment of life, and many more. In birth injury attorney colorado springs , the lawyer can even demand punitive damages to punish the defendant and act as a deterrent for others. Birth injuries victims often have multiple claims against various defendants, including doctors, midwives, nurses, and other medical professionals. The lawyers of a birth injury firm will conduct an extensive investigation to determine which defendants are accountable for the lapses and who should be held liable. They can then pursue maximum compensation for the victim and their family. The total amount awarded in a successful medical malpractice lawsuit is limited by state laws however, they may include all financial and personal losses that have occurred as a result of the injury. Compensation Birth injuries can range from minor injuries like broken bones to more serious injuries that impact the child's health over the long-term. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When an infant experiences oxygen deprivation, this stops their brain and other vital organs from receiving the nutrients they require to function effectively. The lack of oxygen can be caused by a range of causes during labor and delivery. This can be caused by a long or complex pregnancy, as well as the use of a vacuum during a difficult birth. A Denver birth injury lawyer in Denver can help families and victims bring a lawsuit in order to get compensation for damages, including medical expenses as well as lost wages, suffering. A claim could also be used to pay for the cost of equipment and therapy programs that could be required to provide care for the child. It's important to hire a local birth injury attorney because it will reduce the amount of time that has to be spent travelling back and forth for meetings as well as court dates and other legal proceedings. A local law firm will also be more familiar with the medical specialists and hospitals involved in your child's birth. They are more likely to know whether they have any previous issues or had a past history of negligence or malpractice. Medical malpractice claims can be extremely complicated and expensive, and many insurance companies try to avoid liability by blaming the victim the incident. A experienced birth injury lawyer can look into the situation and determine what occurred, who is at fault, and how much the injury is worth. A lawyer can also handle the task of preparing the case, which can be very time-consuming and requires expert testimony from doctors and other trained professionals. A lawyer will also make sure that the statutes of limitations are observed and that all medical records are gathered prior to filing a lawsuit. The sooner you contact a Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The lawyer will investigate your claim and gather the evidence needed to establish a solid compensation case. The medical documents and expert witness statements and other documentation are essential to show the injury suffered by your child was caused by a doctor or other medical professional's negligent acts. Consult an experienced Colorado birth injury lawyer today to determine how much your case is worth.