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A Denver Birth Injury Attorney Can Help You File a Claim Birthing a baby is a joyful experience. However, medical errors during labor and delivery can cause serious birth injuries. These injuries can have lasting effects and be costly for families. A Denver birth injury lawyer can help parents receive compensation for the lifetime care of their child. A claim can be made anytime prior to the minor's 8th birthday. Causes of birth injuries Medical malpractice happens when a doctor or health professional deviates from accepted medical standards and causes injury or death. Medical negligence during childbirth, which may result in massive medical expenses, lost income and the inability to meet the basic needs of your child, is one of the most avoidable birth injuries. A skilled Denver birth injury lawyer like Laura Brown can help you fight for your child's right to compensation. There are many kinds of birth injuries, but one of the most prevalent is oxygen deprivation (anoxia). AccidentInjuryLawyers of birth injury can result in irreparable brain damage and impact the child's physical, mental and emotional performance. It can also trigger developmental delays, impulsive behavior and learning issues. Another form of birth trauma is nerve damage. This can include nerve injuries in the brachialplexus that connect the spine to the arm, shoulder and neck. These injuries can cause the loss of function in the arms, hands and fingers. They can also lead to an illness known as Erb's Palsy. These injuries are often caused by a condition that occurs during the birth process known as shoulder dystocia, where the baby becomes stuck in the birth canal and forces are used to get the baby out. A nurse, doctor, or midwife could fail to manage this situation, causing injury to the brachial plexus. Other injuries can include a deficiency in blood flow to the foetus, inadequate oxygenation during labor and birth, improper intubation, airway obstructions elevated bilirubin, and stress in the fetus. Fetal distress can be identified through a simple test known as the Apgar score. This test measures the newborn's skin color and breathing, muscle tone, and heart rate after birth. Certain birth injuries require immediate medical attention, while other injuries might not be discovered until months or even years after the baby's birth. Injuries such as subgaleal hemorrhages or skull fractures are easily identifiable, but many other birth injuries remain undiagnosed. For example brain imaging can show the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy. Medical Malpractice Medical negligence or malpractice is the reason for many birth injuries. These lawsuits assert that the doctor, nurse, midwife or other healthcare provider violated their obligation to take care of the mother and child by their actions or inability to act. A lawyer can assist parents build a strong case against a healthcare professional by studying the patient's medical records and obtaining experts to testify. These medical professionals will provide evidence that demonstrates how a healthcare provider's actions or lack of action harmed the patient. These experts in medicine often testify that a doctor's or other healthcare professional's actions were below the standard of care in their field. They also offer their opinions on injuries that a healthcare professional should have been able to prevent. The attorney will then use this information to bargain with the doctor or hospital to settle the matter. In many cases doctors or hospitals will offer a settlement before a trial. They may settle to safeguard their reputation and avoid negative publicity. If the doctors or hospital refuse to settle, an attorney can file a medical negligence lawsuit in the court. If a lawsuit has been filed, the parents are plaintiffs, and the doctors, nurses and other medical professionals are defendants. Lawyers will start the discovery process which involves sharing all information that supports the case. They will also take depositions or sworn statements. The attorneys will argue the defendants acted negligently by failing to adhere a standard of care within their field, and that this negligence led to the injury of the child. They will request compensation for the injury-related losses, which include medical bills loss of earnings, as well as other expenses. A jury or judge may decide to award additional damages, which could include non-economic losses, like pain and suffering. In some cases juries and judges may also award punitive damages, which is meant to punish defendants for their extreme negligence or inattention. A Denver birth injury lawyer can assist parents in understanding and asserting their rights and fight for fair compensation for medical expenses as well as therapy costs and other injury-related costs. They can help families assess the total worth of their losses and make a claim for medical malpractice against negligent healthcare providers. Statute of limitations Victims may sue if a medical professional fails in their duty to provide a baby, or mother, with the care during labour, pregnancy and delivery. The injuries cause permanent damage. A birth injury lawyer can help families build a strong claim to get the cost of medical bills as well as lost wages (if a parent must leave to care for the child), and more. A birth injury lawyer is essential to contact as soon as possible after a medical error is suspected during the birth process. The law of the state has deadlines that victims must meet. A skilled lawyer can help clients understand the timelines to file a claim and can also effectively argue for extensions if required. When a lawyer is assigned a case, they can begin to construct a strong argument to justify the claim for damages by gathering the required evidence. This may include the medical records of the mother and child as well as the testimony of experts. Experts are able to explain to the court the proper standard of care in this type of situation, and also explain why the actions of the medical practitioner were not in line with the standard of care. The lawyer can also pursue compensation damages, based on the degree of the victim's injuries. These may include non-economic and economic damages, including suffering and pain, emotional distress, disability and loss of enjoyment of life, and many more. In some cases, a lawyer may even demand punitive damages to punish the defendant and serve as a warning to others. Birth injury victims typically have multiple claims against various defendants, such as doctors, midwives, nurses and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for malpractice and who is liable. They can then pursue maximum compensation for the victim and their family. The amount awarded in a successful medical malpractice lawsuit is limited only by the state laws but they are able to include all the financial and personal losses that result as a result of the accident. 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 and hypoxic ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When an infant is deficient in oxygen the brain and other vital tissues are not able to receive the nutrients required to function properly. The deficiency in oxygen can be caused by a variety of factors during labor and delivery. This includes a prolonged or complex pregnancy, and the use a vacuum during a difficult birth. A Denver birth injury lawyer can help families and victims file a lawsuit to recover damages, such as medical expenses, lost wages and pain and suffering. A lawsuit can also be used to pay for the cost of specialized equipment and therapy programs that could be necessary for the care of the child. It is crucial to engage an attorney for birth injuries in your area since it will decrease the amount of time that has to be spent driving back and forth for meetings as well as court dates and other legal proceedings. 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 previous issues, negligence or malpractice. Medical malpractice claims can be complicated and expensive, and insurance companies often try to avoid liability by blaming victims for the accidents. A birth injury lawyer with experience investigating cases can determine the circumstances, who was responsible, and the value of the injury. A lawyer is also able to take on the burden of preparing the case which can be very time-consuming and requires expert testimony from doctors and other qualified professionals. Additionally, a lawyer can ensure that the statute of limitations has been followed and that all the necessary medical records are obtained prior to filing a lawsuit. The sooner you contact an attorney in Denver the sooner you can get in touch with an attorney in Denver. The lawyer can begin to work investigating your claim and gathering the evidence to establish a convincing case for compensation. Medical documents as well as expert witness testimony and other evidence is necessary to prove that the injury your child suffered was caused by a doctor's negligence. Schedule a consultation with an experienced Colorado birth injury lawyer today to learn the amount your case is worth.