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A Denver Birth Injury Attorney Can Help You File a Claim

Birthing a child is a joyful experience. However, medical mistakes made during the labor and delivery process can result in serious birth injuries. These injuries can have lifelong repercussions and significant financial costs for families.

A Denver birth injury lawyer in Denver can help parents get compensation for the ongoing care of their child. An action can be filed at any time before a minor's eighth birthday.

Birth Injury Causes

Medical malpractice occurs when a doctor or health care professional stray from the accepted medical guidelines and can result in death or injury. Medical negligence during childbirth, which could cause astronomical medical costs as well as the loss of income and inability to meet your child's basic needs is among the most preventable birth injuries. An experienced Denver birth injury attorney like Laura Brown can help you fight for your child's rights to compensation.

There are a variety 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 and impact the child's mental, physical, and emotional functioning. It can also trigger developmental delays, impulsive behavior, and learning difficulties.

Another type of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus, which run from the spine to the shoulder, arm and neck. These injuries can cause a loss of functionality in the hands, fingers, and arms. They can also lead to a condition known as Erb's palsy. These injuries result from shoulder dystocia. This is a condition that occurs when the baby is stuck in the birth canal, and force is used to help deliver the baby. A nurse, doctor, or midwife may mismanage 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 delivery and intubation that is not properly done or an airway obstruction, elevated bilirubin levels, and distress in the fetus. Fetal distress is usually detected through a simple test known as the Apgar score, which evaluates a newborn's breath, muscle tone, heart rate, and skin color after birth.

Certain birth injuries require immediate medical attention whereas others are not detected until months or even years following the baby's birth. Many birth injuries aren't diagnosed, such as subgaleal haemorrhages and skull fractures. 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 claim that doctors, nurses or midwife or any another healthcare professional violated their obligation to take care of the mother and child by their actions or inability to act.

A lawyer can help parents build a strong case against a healthcare professional by reviewing the patient's medical records and hiring expert witnesses. These medical professionals can provide testimony to show how a healthcare professional's actions, or inactions, hurt the patient.

These medical experts often declare that a doctor's or another healthcare provider's actions fell below the standards of care for their speciality. They will also give their opinions on injuries medical professionals could have prevented. The attorney will then utilize this information to bargain with the doctor or hospital to settle the matter.

In many cases, the hospital or doctor will settle the matter prior to the trial. They may agree to settle to ensure their reputation and to avoid negative publicity. If the hospital or doctor refuse to settle, an attorney could make a claim for medical negligence in the court.


If a lawsuit has been filed, the parents are plaintiffs, and doctors, nurses, and other medical professionals are defendants. Lawyers will begin the discovery process that involves sharing all the information that support the case. They also will take depositions which are sworn statements.

The attorneys will argue that the defendants committed a crime in not adhering to the standards of care in their field and that the negligence caused the child's injuries. They will ask for compensation for injuries-related expenses including medical bills, lost wages and 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, that is intended to penalize defendants for their extreme negligence or inattention.

A Denver birth injury lawyer can help parents understand and assert 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 full value of their losses, and pursue a medical malpractice lawsuit against negligent healthcare providers.

Statute of Limitations

If a medical professional fails to provide a baby or mother with the standards of medical care during labor, and delivery, and the resulting injuries lead to life-altering consequences victims can bring an action. A birth injury attorney can help families to build a strong case to recover compensation for medical expenses and lost wages (if the parent needs to leave work to care for their child) and other damages.

Because state law sets deadlines for when victims can file a claim, it is important to contact an attorney for birth injuries as soon as you can after the occurrence of a medical error in the birth process. A skilled lawyer can help clients understand the timelines to file a claim and can also effectively argue for extensions if needed.

A lawyer can begin constructing a strong case for damages once they have taken on the case. They will gather the necessary evidence. This could include the mother's and child's medical records, as well as the testimony of experts. These experts can provide an explanation of the standards of care that apply in this type of situation, as well as explain how the medical professional's actions were different from the norm.

Based on the severity of a victim's injuries, a lawyer can also advocate for compensatory damages. These may include non-economic and economic damages, like suffering and pain, emotional distress, disability and loss of enjoyment of life, and so on. In some cases lawyers may seek punitive damage to punish the defendant as well as act as a warning for others.

Victims of birth injuries often have multiple claims against a variety of defendants, including doctors, nurses, midwives, and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is accountable for the malpractice and who should face liability. The victim and his family members can then be compensated to the maximum amount. The total amount of damages granted in a successful medical malpractice lawsuit is limited only by the laws of the state but they are able to be inclusive of all financial and personal losses that have occurred due to the injury.

Compensation

A birth injury can be anything from minor, like broken bones to serious ones that affect a child's long-term health. Cerebral palsy as well as Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When an infant experiences oxygen deprivation, it prevents their brain and other vital organs from getting the nutrients they need to function effectively. The deficiency in oxygen can be caused by a range of factors during labor and delivery. This includes a prolonged or complex pregnancy, as well as the use a vacuum during a difficult birth.

A Denver birth injury lawyer can assist victims and their families file a lawsuit against the responsible parties for the damages that result from the injury, including medical bills, lost wages and suffering and pain. A claim may also be able to pay for any specialized equipment or therapy program that is required to treat the child.

Employing a local attorney to deal with birth injuries is essential since it will help you save time travelling to and from meetings, court dates, and other legal procedures. Local law firms will also be more familiar with the medical professionals involved in the birth of your child. Accident Injury Lawyers will be more likely to know whether they have any prior issues or a previous history of negligence or malpractice.

Medical malpractice claims can be complicated and expensive insurance companies frequently attempt to minimize liability by blaming victims for accidents. A skilled birth injury lawyer can investigate the case and determine what occurred which party is responsible and what the injury is worth.

A lawyer will also be competent in the preparation of the case. This is a time-consuming process that requires testimony of doctors and other experts. Additionally, a lawyer can ensure that the statute of limitations is met and that the proper medical records are obtained prior to filing a lawsuit.

The sooner you speak to an attorney in Denver the earlier you contact an attorney in Denver, the better. The attorney can get to work on investigating your claim and gathering the evidence needed to build a strong claim for compensation. Medical documents as well as expert witness statements and other evidence are crucial to prove the injury suffered by your child was the result of the medical professional's negligent actions. To determine the value of your case, schedule an appointment with an experienced Colorado birth injuries lawyer.

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Pub: 29 Apr 2024 10:31 UTC
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