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A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a child is a joyous event. However, medical mistakes made during the labor and delivery process can cause serious birth injuries. These injuries can have long-lasting effects and can be costly for families.

A Denver birth injury lawyer can help parents get compensation for the ongoing care of their child. The claim can be filed at any time prior to a minor's eighth birthday.

washington birth injury attorneys Injury Causes

Medical malpractice occurs when doctors or other health care professionals deviate from accepted medical standards which can result in injury or death. Certain dallas birth injury attorney injuries can be prevented and medical negligence during childbirth could result in astronomical medical costs or loss of income, as well as inability to provide for your child's needs. Laura Brown, an experienced Denver birth injury lawyer can help you fight to defend your child's rights to compensation.

There are a variety of birth injuries, however one of the most prevalent involves oxygen deprivation (anoxia). This type of birth injury can result in irreparable brain damage and affect the child's mental, physical and emotional functioning. It could also lead to developmental delays as well as impulsive behavior and learning disabilities.

Another kind of birth injury involves nerve damage. This includes nerve damage in the brachialplexus that run from the spine to the shoulder, arm and neck. These injuries can lead to an impairment in the hands, fingers, and arms. They can also lead to an illness called 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 used to deliver the baby. A nurse, doctor or midwife could fail to manage this situation, causing injury to the brachial plexus.

Other injuries include a lack of blood flow to the fetus, inadequate oxygenation during labor and delivery and intubation that is not properly done or an obstruction to the airway, high levels of bilirubin and fetal distress. Fetal distress is often detected with a quick test, called the Apgar score, which evaluates a newborn's breathing, muscle tone heart rate, breathing, and the color of the skin after childbirth.

Some birth injuries require immediate medical attention, whereas others aren't apparent until months or even years after the baby is born. Injuries such as skull fractures or subgaleal hemorrhages are easily identifiable, but many other birth injuries are not recognized. For instance, brain imaging can reveal the presence of certain conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.

Medical Malpractice

Medical malpractice or negligence is the main cause of birth injuries. These lawsuits claim that a doctor or nurse 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 aid parents in constructing a solid case by reviewing the medical records of a patient and obtaining experts to testify. Medical professionals can offer evidence to demonstrate how a healthcare professional's actions, or lack thereof, harmed the patient.

Often, these medical experts will testify that the doctor's or healthcare provider's actions fell below the standards of care that are required in their specialty. They also provide their opinions on injuries that the healthcare professional should have been able prevent. The attorney will then use this information to bargain with the hospital or doctor to settle the matter.

In many cases the hospital or doctor will settle the matter prior to a trial. They are trying to avoid negative publicity and could accept a settlement to safeguard their reputations. If hospitals or doctors refuse to accept a settlement, a lawyer could make a claim for medical malpractice in the court.

If a lawsuit is filed, the parents are plaintiffs, while nurses, doctors and other medical professionals are defendants. Lawyers will start the discovery process that involves sharing all information that can support the case. They also will take sworn statements, or depositions.

The attorneys will argue that the defendants acted negligently by failing to adhere a standard of care in their profession and that their negligence caused injury to the child. They will demand compensation for the costs incurred due to injuries including medical bills or lost wages, among other expenses. A judge or jury may also award additional damages that include non-economic losses, like suffering and pain. In certain cases juries and judges can also award punitive damages which is meant to punish defendants for their utter negligence or omission.

A Denver birth injury attorney fort collins injury lawyer can help parents understand and assert their rights and fight for fair settlement that covers medical costs, therapy fees and other costs related to injuries. They can help families assess the total value of their losses and make a claim for medical malpractice against the negligent healthcare providers.

Statute of Limitations

If medical professionals fail to provide an infant or mother with the established standards of care during pregnancy, labor and delivery, and the resulting injuries result in life-altering consequences the victims may bring a lawsuit. A birth injury lawyer can assist families file a successful claim to recover compensation for medical expenses and lost wages (if parents have to leave to care for the child), and more.

Since state law establishes deadlines for when a victim can make claims, it is critical to contact an attorney for birth injuries as soon as possible after a suspected medical error during the birth process. An experienced lawyer can assist clients understand the timeframe to file a claim and can also effectively argue for extensions if required.

After a lawyer has taken on a case, they can 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 experts. These experts can explain the standard of care in this particular situation, as well as explain how the medical professional's actions differed from the norm.

Based on the severity of a victim's injuries, the lawyer may also be able to argue for compensation damages. These damages could include economic and non-economic damages, including emotional distress, disability, and loss of enjoyment of the life. In some cases lawyers may seek punitive damage to punish the defendant as well as serve as a warning to others.

Birth injuries victims often have multiple claims against different defendants, including doctors nurses, midwives and other medical professionals. The lawyers at a birth injury attorneys injury firm will conduct an exhaustive investigation to determine who are accountable for the lapses and who is accountable. The victim and his family members can then be compensated up to the maximum amount. The amount awarded in a successful medical malpractice suit is determined only by the laws of the state however, they may be inclusive of all personal and financial losses that occur as a result of the accident.

Compensation

Birth injuries can range from minor injuries like broken bones to more serious ones that impact a child's health. Some of the most severe medical birth injuries include cerebral palsy and hypoxic ischemic Encephalopathy (HIE). If a child is deprived of oxygen their brain and other vital tissues are not able to receive the nutrients needed to function effectively. The lack of oxygen can be caused by a range of factors during labor and delivery. This can be caused by a long or complex pregnancy, and the use of a vacuum during a difficult birth.

A Denver birth injury lawyer can help victims and their families bring a lawsuit against responsible parties for the harm that result from the injury, including medical bills, lost wages and pain and suffering. A lawsuit could also be able to pay for any specialized equipment or therapy programs necessary to treat the child.

Finding a local attorney for san jose birth injury attorney injuries is essential because it can save you time travelling to and from meetings, court dates and other legal proceedings. A local law firm is also more familiar with the medical professionals and hospitals involved in your child's birth. They are more likely to be aware of whether they have had prior issues or a previous history of negligence or malpractice.

Medical malpractice claims are complex and costly, and insurance companies often attempt to minimize liability by blaming victims for accidents. A birth Trauma legal advice injury lawyer with years of experience in investigating cases can determine what happened, the parties at fault, and the value of the injury.

A lawyer is also competent in the preparation of the case. This is a lengthy process that requires the testimony of medical professionals and doctors. A lawyer will also ensure that the statutes of limitation are adhered to and that all medical records are collected prior to filing an action.

The sooner you speak to an Denver birth injury lawyer the faster. The attorney will review your claim and gather the evidence necessary to establish a solid claim for compensation. Medical records and expert witness statements and other documentation are essential to prove the injury suffered by your child was caused by an medical professional's negligent acts. Consult an experienced Colorado birth injury lawyer today to determine how much your case is worth.