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A Denver Birth Injury Attorney Can Help You File a Claim The birth of a child is a joyful experience. However, medical errors during the labor and delivery process can result in serious birth injuries. These injuries can have lifelong consequences and a significant financial burden for families. A Denver birth injury attorney can assist parents in obtaining compensation for their child's lifetime care needs. A claim can be filed any time before a minor's eighth birthday. Causes of Birth Injuries Medical malpractice occurs when doctors or other health care professionals deviate from accepted medical standards which can result in injury or death. Medical negligence during childbirth, which may cause astronomical medical costs as well as the loss of income and inability to meet your child's basic needs, is one of the most preventable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can help you fight to ensure your child's right to compensation. There are a variety of birth injuries, however one of the most frequent involves oxygen deprivation (anoxia). This type of birth trauma can cause irreparable brain damage and alter a child's cognitive and physical functioning. It can also cause the development of a child, impulsive behavior, and learning disabilities. Another form of birth injury is nerve damage. This includes injuries to the brachial nerve, which are nerves that flow from the upper spine to the neck, shoulder, and arm. These injuries can cause an impairment in the hands, fingers, and arms. They may also cause an illness known as Erb's Palsy. These injuries are usually caused by a condition that occurs during the birth process known as shoulder dystocia, where the baby gets stuck in the birth canal and forces are applied in order to deliver the child. This can result from nurses, doctors, or midwife mishandling the situation and causing injuries to the brachialplexus. Other injuries include a lack of blood flow to the foetus low oxygen levels during birth, inadequate intubation, airway obstructions, elevated bilirubin, and fetal stress. Fetal distress can be detected by a quick test called the Apgar score. This test assesses the newborn's skin color and breathing, muscle tone, and heart rate following birth. Some birth injuries require immediate medical attention whereas others may not be detected for months or years after the baby's birth. Many birth injuries aren't recognized, such as subgaleal hemorrhages or skull fractures. Brain imaging can reveal issues such as cerebral palsy or hypoxic-ischemic brain encephalopathy. Medical Malpractice Medical negligence or malpractice is the cause of many birth injuries. These lawsuits claim that a doctor, nurse, midwife or another healthcare professional violated their duty to look after the mother and child by their actions or inability to act. A lawyer can help parents in constructing a strong case by reviewing the medical records of the patient and hiring experts to testify. These medical professionals will provide evidence that demonstrates how a healthcare provider's actions or inactions harmed the patient. These medical experts often testify that a doctor's or another healthcare provider's actions fell below the standards of care in their field. They also provide their opinion on injuries that medical professionals could have prevented. The lawyer will then use this information to bargain with the hospital or doctor for a settlement. In many cases, the doctor or hospital will offer a settlement prior to an investigation. attorney birth injury pennsylvania wish to avoid negative publicity, and may be willing to settle to ensure their reputations. If the hospitals or doctors refuse to settle, a lawyer can bring a medical malpractice lawsuit in the court. If a lawsuit is filed, parents will be the plaintiffs and the nurses, doctors and other medical professionals become defendants. Lawyers will start the process of discovery which involves sharing all the information that can support the case. They will also make depositions, or sworn statements. The lawyers will argue that the defendants were negligent in not adhering to a standard of care in their profession and that this negligence caused the injury to the child. They will seek compensation for injury-related expenses, such as medical bills as well as lost wages and other expenses. A judge or jury can also award additional damages that include non-economic loss, such as pain and suffering. In some egregious cases juries or judges can also award punitive damages, which are intended to punish the defendants for their extreme carelessness or inattention. A seasoned Denver birth injury lawyer can assist parents to understand their rights and fight for fair compensation to cover medical costs, therapy costs and other expenses related to injuries. They can help families assess the full value of their losses and pursue a medical malpractice lawsuit against the negligent healthcare providers. Statute of Limitations Victims can bring a lawsuit in the event that a medical professional is not in their obligation to provide a baby, or mother, with the standards of care established during labour, pregnancy, and delivery. Injuries cause permanent damage. A birth injury lawyer can assist families to file a claim to get compensation for medical bills as well as lost wages (if the parent has to take time off to care for the child) and much more. Because state law sets deadlines for when victims are able to make a claim, it is critical to contact a birth injury attorney immediately following the occurrence of a medical error in the birth process. An experienced lawyer can assist clients understand the timelines for filing a claim, and also argue for extensions if needed. Once a lawyer takes on a case, they can begin to build a convincing argument to justify the claim for damages by gathering the necessary evidence. This could include medical documents of the mother and child, along with the testimony of experts. Experts can explain to the court the standards of care in this type of situation and show how the actions of the medical practitioner did not conform to the standard. Based on the severity of a victim's injuries, a lawyer may also be able to argue for compensation damages. These may include non-economic and economic damages, such as pain and suffering, emotional distress, loss of enjoyment of life, and many more. In some instances lawyers can seek punitive damages to penalize the defendant as well as serve as a warning to others. Birth injury victims usually have multiple claims, including against doctors, nurses and midwives. The lawyers at a birth injury firm can conduct an exhaustive investigation to determine which defendants are responsible for the malpractice and who should be held liable. The victim and his family can then be compensated up to the maximum. The laws of the state limit the total amount of damages that can be awarded in a medical malpractice lawsuit, but it could include all personal and financial loss resulting from. 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. Cerebral palsy and hypoxic ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant experiences oxygen deprivation, this stops their brain and other vital organs from getting the nutrients they require to function effectively. The deficiency in oxygen can be caused by a variety of factors during labor and birth. This includes a prolonged or complicated pregnancy, as well as the use of a vacuum during a difficult birth. A Denver birth injury lawyer can help families and victims file a lawsuit against the responsible parties for the damages that result from the injury, including medical bills, lost wages, and pain and suffering. A claim could also pay for any special equipment or therapy programs that are required to treat the child. Employing a local attorney to deal with birth injuries is crucial since it will help you save time travelling to and from court dates, and other legal procedures. A local law firm is also more familiar with the medical experts and hospitals that were involved in your child's birth. They are more likely to be aware of any previous issues or malpractice or negligence. Medical malpractice claims are complex and expensive insurance companies frequently try to avoid liability by blaming victims for the accidents. A skilled birth injury lawyer can look into the situation and determine what occurred and who was at fault and what the damage is worth. A lawyer can also take on the task of preparing the case, which is often very time-consuming and requires expert testimony from doctors and other qualified experts. Lastly, a lawyer will ensure that the statute of limitations is followed and that all the necessary medical records are obtained prior to filing an action. The earlier you get in touch with a Denver birth injury lawyer the sooner you can contact a Denver birth injury attorney. The lawyer can begin to work investigating your claim and gathering the evidence needed to establish a convincing case for compensation. Medical documents as well as expert witness testimony and other evidence are essential to prove that the harm your child suffered was caused by the negligence of a doctor. Contact an experienced Colorado birth injury lawyer today to learn what your case's worth.