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A Denver Birth Injury Attorney Can Help You File a Claim The birth of a child should be a joyful time. Birth complications and medical errors during labor can result in serious birth injuries. These injuries can cause long-lasting damage and be costly for families. A Denver birth injury lawyer in Denver can assist parents in obtaining compensation for the ongoing care of their child. The claim can be filed anytime prior to the minor's 8th birthday. The causes of birth injuries Medical malpractice occurs when a physician or health care professional stray from accepted medical standards and can result in death or injury. Medical negligence during childbirth, which can result in astronomical medical expenses and loss of income, as well as the inability to meet the basic needs of your child is among the most avoidable birth injuries. A skilled Denver birth injury attorney like Laura Brown can help you fight for your child's rights to compensation. Anoxia is one of the most common birth injuries. www.accidentinjurylawyers.claims of birth trauma can cause irreparable damage to the brain and alter a child's cognitive and physical functioning. It can also lead to the development of a child and impulsive behavior as well as learning disabilities. Another form of birth injury is nerve damage. This includes injuries to the brachial plexus which are nerves that extend from the upper spine to the shoulder, neck, and arm. These injuries can lead to the loss of function in the fingers, hands, and arms. They may also cause an illness called Erb's palsy. These injuries are caused by shoulder dystocia. This is a condition in which the baby is stuck in the birth canal and force is used to deliver the baby. This could be due to the nurse, doctor, or midwife mishandling the situation and causing injuries to the brachialplexus. 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 obstruction of the airway, elevated levels of bilirubin and distress in the fetus. Fetal distress is often detected with a quick test, known as the Apgar score, which evaluates the baby's muscle tone, breath as well as heart rate and the color of the skin after birth. Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby is born. Injuries such as subgaleal hemorrhages and skull fractures are immediately obvious, but many other birth injuries remain undiagnosed. For example brain imaging may reveal the presence of certain conditions like hypoxic ischemic disorder (HIE) or cerebral palsy. Medical Malpractice Medical negligence or malpractice is the reason for many birth injuries. These lawsuits allege that a doctor, nurse or midwife, or any other healthcare provider breached their obligation to care for the mother and child through their actions or inaction. A lawyer can assist parents to build a convincing case against a healthcare professional through reviewing the patient's medical records and hiring experts to testify. Medical professionals can offer evidence to demonstrate how a healthcare professional's actions, or lack thereof, harmed a patient. Most often, these experts will testify that the doctor's or healthcare provider's actions fell below a standard of care for their field of expertise. They also provide their opinions on injuries that the healthcare professional should have been able prevent. The attorney will then use this information to negotiate with the hospital or doctor to reach a settlement. In many cases, the doctor or hospital will offer a settlement prior to an investigation. They may settle to safeguard their reputation and avoid negative publicity. If the hospitals or doctors refuse to accept a settlement, a lawyer could bring a medical malpractice lawsuit in the court. If a lawsuit has been filed, the parents are plaintiffs, and the nurses, doctors, and other medical professionals are defendants. Lawyers will begin the process of discovery, which involves sharing all the evidence that supports the case. They will also take sworn statements, or depositions. The lawyers will argue that the defendants committed malpractice by failing to adhere to a standard of care in their field and that their negligence resulted in the child's injury. They will seek compensation for injury-related expenses like medical bills, lost wages and other expenses. A judge or jury may award additional damages, including non-economic losses, like suffering and pain. In some cases juries and judges can also award punitive damages that is intended to penalize defendants for their recklessness or disregard. A seasoned Denver birth injury attorney can assist parents in understanding their rights and advocate for fair compensation to cover medical expenses as well as therapy costs and other related expenses. They can help families assess their losses to the fullest extent and file a lawsuit against negligent healthcare providers. Statute of Limitations Victims can sue if a medical professional fails in their duty to provide a baby or mother with the standard of care during pregnancy, labour, and delivery. Injuries cause permanent damage. A birth injury lawyer can help families to file a claim to get the cost of medical bills as well as lost wages (if a parent must take time off to care for the child), and more. A birth injury lawyer is essential to contact as quickly as is possible after a medical error is suspected during the delivery process. The law of the state has deadlines for victims to meet. An experienced lawyer can assist clients in understanding the timeframe to file a claim and can also argue effectively for extensions, if necessary. Once a lawyer takes on the case, they will begin constructing a strong argument to justify the claim for damages by gathering the necessary evidence. This could include the medical records of the mother and child, as well as the testimony of expert witnesses. Experts can explain to the court the standards of care in this kind of situation, and also explain why the medical provider's actions weren't in accordance with the standard. The lawyer may also seek compensatory damages, depending on the extent of the injury. These damages may include economic and non-economic damages including pain and suffering, emotional distress, disability and loss of enjoyment of the life. In some cases the lawyer may seek punitive damages in order to punish the defendant and serve as a deterrent for other people. Birth injury victims usually have multiple claims, such as against doctors, nurses and midwives. The lawyers of a birth injury firm can conduct an exhaustive investigation to determine which defendants are accountable for the lapses and who is liable. They can then seek the maximum compensation for the victim and their family. The laws of the state restrict the amount of damages that can be awarded in a medical malpractice lawsuit, however, it is possible to include all personal and financial damages resulting from. Compensation Birth injuries can vary from minor injuries such as broken bones to serious ones that can affect a child's long-term health. Some of the most severe medical birth injuries are cerebral palsy and hypoxic ischemic cerebrovascular disease (HIE). When a baby is deficient in oxygen, their brain and other vital tissues are not able to receive the nutrients needed to function effectively. Oxygen deprivation can be caused by a range of causes during labor and birth. This includes a prolonged or complicated pregnancy, as well as the use a vacuum during an especially difficult birth. A Denver birth injury attorney can help victims and families bring a lawsuit in order to obtain compensation, including medical expenses as well as lost wages, suffering and pain. A lawsuit can also help cover the cost of special equipment and therapy programs that may be required to provide care for the child. Finding a local attorney for birth injuries is important since it will help you save time travelling to and from meetings, court dates and other legal procedures. Local law firms will also have a better understanding of the medical experts involved in the birth of your child. They are more likely to be aware of any prior issues or negligence or malpractice. Medical malpractice claims can be complicated and expensive insurance companies frequently try to avoid liability by blaming the victims for injuries. A skilled birth injury lawyer will investigate the case and determine what occurred which party is responsible and what the injury is worth. A lawyer can also be capable of handling the preparation of the case. This is a time-consuming process that requires testimony of medical professionals and doctors. A lawyer can also ensure that the statutes of limitation are adhered to and that all the necessary medical records are obtained prior to filing a lawsuit. The sooner you speak to an Denver birth injury attorney the faster. The lawyer can begin to work on investigating your claim and gathering the evidence needed to present a compelling case for compensation. Medical records and expert witness testimony and other evidence are essential to prove that the harm your child suffered was the result of the negligence of a doctor. To determine the value of your case, schedule an appointment today with an expert Colorado birth injury lawyer.