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A Denver Birth Injury Attorney Can Help You File a Claim Birthing a child is a joyful experience. Medical mistakes during delivery and labor can result in serious birth injuries. These injuries can have lifelong repercussions and significant financial costs for families. A Denver birth injury attorney can assist parents to recover compensation for their child's lifetime requirements for care. The claim can be filed any time prior to a minor's eighth birthday. The causes of birth injuries Medical malpractice is when doctors or other health professionals deviate from the accepted medical guidelines, causing injury or death. Medical negligence during childbirth, which may result in massive medical expenses, lost income and the inability to meet your child's basic needs is among the most preventable birth injuries. Laura Brown, an experienced Denver birth injury lawyer, can help you fight to protect your child's rights to compensation. Anoxia is among the most frequent birth injuries. This type of birth trauma can cause irreparable brain damage and affect a child's mental and physical functioning. It could also lead to developmental delays as well as impulsive behavior and learning disabilities. Another form of birth injury is nerve damage. This includes nerve damage in the brachialplexus that extend from the spine to the arm, shoulder and neck. These injuries can cause an impairment in the fingers, hands and arms. These injuries can also cause Erb's Palsy. These injuries are usually caused by a problem that occurs during the birth process, which is known as shoulder dystocia. in which the baby is stuck in the birth canal and forces are applied in order to deliver the child. This can be caused by a doctor, nurse or midwife not properly handling the situation, causing injury to the brachialplexus. Other injuries include a deficiency of blood flow to the fetus, low oxygen levels during labor and delivery, improper intubation or airway obstruction, elevated levels of bilirubin and distress in the fetus. Fetal distress is usually identified with a quick test, known as the Apgar score, which evaluates the newborn's breath, muscle tone heart rate, breathing, and the color of the skin after childbirth. Some birth injuries require immediate medical attention, whereas others are not detectable until months or even years after the baby's birth. The injuries like 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 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 or other healthcare provider violated their duty to care for the mother and child by their actions or inability to act. A lawyer can help parents make a convincing case against a healthcare professional through studying the patient's medical records and obtaining expert witnesses. Medical professionals can offer evidence to prove that a healthcare professional's actions, or lack thereof, harmed a patient. Most often, these experts will confirm that the doctor or other healthcare provider's actions fell below the standard of care required for their area of expertise. They can also provide their opinions regarding the injuries a healthcare provider could have been able to prevent. The attorney will then use this information to negotiate with the hospital or doctor to reach a settlement. In many cases the hospital or doctor will settle prior to a trial. They want to avoid negative publicity, and may accept a settlement to protect their reputations. If the doctors or hospital refuse to settle, an attorney can make a claim for medical negligence in court. If a lawsuit is filed parents will be the plaintiffs, while nurses, doctors and other medical professionals become defendants. Lawyers will begin the process of discovery. This includes sharing all the evidence that support the case. They will also take depositions which are sworn declarations. The lawyers will argue that the defendants acted negligently by not adhering to a certain standard of care in their profession and that their negligence caused injury to the child. They will seek compensation for the injury-related losses that include medical bills loss of earnings, as well as other expenses. A judge or jury may decide to award additional damages, which could include economic losses, such as suffering and pain. In some cases juries and judges may also award punitive damages, which is intended to punish defendants for their recklessness or omission. A Denver birth injury lawyer can assist parents in understanding and asserting their rights and fight for fair settlement that covers medical costs, therapy fees and other costs related to injuries. They can assist families in determining the total value of their losses and pursue a medical malpractice lawsuit against negligent healthcare providers. Statute of Limitations Victims may bring a lawsuit in the event that a medical professional is not in their duty to provide a child or mother with the standards of care during labour, pregnancy and delivery. Injuries cause permanent damage. A birth injury lawyer can assist families to file a claim to recover the cost of medical bills and lost wages (if parents have to take time off to care for the child), and more. A birth injury lawyer is important to contact as quickly as is possible after a medical error is suspected during the birth process. The law of the state has deadlines for victims to adhere to. A skilled lawyer can help clients understand the timeframe for filing a claim, and can also effectively argue for extensions if required. Once a lawyer takes on the case, they will begin constructing a strong argument to justify the claim for damages by gathering the needed evidence. This could include medical records of the mother and child, as well as the testimony of experts. These experts can provide an explanation of the standard of care in this kind of scenario, and explain how the medical professional's actions deviated from the standard. The lawyer can also seek compensation for damages, based on the degree of the victim's injuries. These could include both non-economic and economic damages, such as the cost of suffering and emotional distress, disability, loss of enjoyment of life, and many more. In some cases lawyers may seek punitive damages in order to punish the defendant and act as a deterrent to others. Birth injuries victims often have multiple claims against different defendants, such as doctors, nurses, midwives, and other medical professionals. The lawyers of a birth injury firm will conduct an exhaustive investigation to determine which defendants are responsible for the malpractice and who should be held liable. The victim and his family members can then be compensated up to the maximum. The total amount granted in a successful medical malpractice lawsuit is limited only by the laws of the state, but they can be inclusive of all financial and personal losses that result as a result of 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. Some of the most severe medical birth injuries are cerebral palsy and hypoxic Encephalopathy (HIE). If a child experiences oxygen deprivation, it blocks their brain and other vital organs from getting the nutrients they need to function effectively. Many factors can cause oxygen deprivation during labor and birth such as a prolonged or difficult pregnancy, as well as the use of a vacuum during an uneasy birth. A Denver birth injury attorney can assist families and victims file a lawsuit to obtain compensation, including medical expenses loss of wages, pain and suffering. A claim could also help cover the cost of specialized equipment and therapy programs that could be required for the care of the child. It is crucial to engage an attorney for birth injuries in your area as it will cut down on the amount of time that must be spent driving between appointments with court dates, court dates, and other legal procedures. Local law firms will also have a better understanding of the medical professionals 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 extremely complicated and expensive, and many insurance companies attempt to avoid responsibility by blaming the victim for the accident. Accident Injury Lawyers who has expertise in investigating cases can identify the circumstances, who was at fault, and the worth of the injury. A lawyer can also be able to handle the preparation of the case. This is a very time-consuming process that requires the 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 gathered prior to filing an action. The earlier you get in touch with an attorney in Denver the earlier you contact an attorney in Denver, the better. The attorney will review your claim and gather the evidence required to build a strong compensation case. Medical records and expert witness testimony and other evidence are essential to prove that the injury your child suffered was the result of the negligence of a doctor. Contact an experienced Colorado birth injury lawyer today to determine the amount your case is worth.