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A Denver Birth Injury Attorney Can Help You File a Claim The birth of a child should be a joyous occasion. However, medical errors during the labor and delivery process can cause serious birth injuries. These injuries can have long-lasting effects and be costly for families. A Denver birth injury lawyer can help parents get compensation for the lifetime care of their child. A claim is possible at any time before a minor's eighth birthday. The causes of birth injuries Medical malpractice is when doctors or other health care professionals deviate from accepted medical standards and cause injury or even death. Medical negligence during childbirth, which may result in astronomical medical expenses as well as the loss of income and inability to meet your child's basic needs is among the most preventable birth injuries. Laura Brown, an experienced Denver birth injury lawyer can assist you in fighting to protect your child's rights to compensation. There are many types of birth injuries, but one of the most common is oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable brain damage and impact a child's mental and physical functioning. It can also cause developmental delays, impulsive behaviors, and learning difficulties. Another form of birth trauma is nerve damage. This includes the brachial plexus, which are nerves that flow from the upper spine to the shoulder, neck, and arm. These injuries can result in the loss of function in the fingers, hands and arms. These injuries may also lead to Erb's palsy. These injuries are usually caused by a condition that occurs during the birth process, which is known as shoulder dystocia. where the baby gets stuck in the birth canal and forces are applied to try to get the baby out. This can be caused by the nurse, doctor 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 birth as well as obstruction of the airway, elevated bilirubin levels, and fetal distress. Fetal distress is often detected through a simple test known as the Apgar score, which measures the newborn's breathing, muscle tone, heart rate, and skin color after birth. Some birth injuries need immediate medical attention whereas others might not be discovered until months or even years following the baby's birth. For example, skull fractures or subgaleal hemorrhages are obvious, however many other birth injuries remain undiagnosed. For instance brain imaging may reveal the presence of certain conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy. Medical Malpractice Many birth injuries result of negligence or medical malpractice. These lawsuits claim that doctors, nurses or another healthcare professional violated their duty to look after the mother and child by their actions or inability to act. A lawyer can assist parents in constructing a strong case by looking over the medical records of the patient and obtaining expert witnesses. Medical professionals can provide evidence that demonstrates how the actions of a healthcare professional or lack of action harmed the patient. Often, these medical experts will affirm that the doctor's or healthcare provider's actions fell below a standard of care for their field of expertise. They also provide opinions on the injuries that the healthcare provider could have been able to avoid. 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 offer a settlement prior the trial. They want to avoid negative publicity, and may accept a settlement to ensure their reputations. If the hospital or doctors refuse to accept a settlement, an attorney may file a medical negligence lawsuit in court. If a lawsuit is filed, the parents become plaintiffs, while nurses, doctors and other medical professionals are defendants. Lawyers will begin the discovery process that involves sharing all information that support the case. They will also take depositions, or sworn statements. The lawyers will argue that the defendants committed malpractice by not adhering to the standard of care in their field and that their negligence led to the child's injury. They will seek compensation for injuries-related expenses, such as medical bills as well as lost wages and other expenses. A judge or jury can award additional damages, including non-economic loss, such as suffering and pain. In certain instances juries and judges may also award punitive damages which is intended to punish defendants for their utter negligence or omission. A seasoned Denver birth injury attorney can assist parents to understand their rights and fight for fair compensation to cover medical costs, therapy expenses and other injury-related expenses. They can assist families in determining the full worth of their losses and make a claim for medical malpractice against negligent healthcare providers. Statute of Limitations If a medical professional fails to provide an infant or mother with the appropriate standard of medical attention during labor and delivery, and the injuries result in life-altering consequences the victims may file a lawsuit. A birth injury lawyer can help families to build a strong case to recover compensation for medical expenses, lost wages (if the parent needs to take time off to care for their child), and other damages. Since the law in each state sets deadlines for when victims can file a claim, it is essential to speak with an attorney for birth injuries immediately following a suspected medical error during the birth process. A skilled lawyer can assist clients in understanding the timeframe to file a claim and also argue effectively for extensions if required. A lawyer can begin to build an argument for damages that is strong after they have decided to take on the case. They will gather the evidence needed. This could include medical records of the mother and child, as well the testimony of experts. These experts can explain to the court the proper standard of care for this type of situation, and also explain why the actions of the medical practitioner were not in line with the norm. Depending on the severity of a victim's injuries, a lawyer may also be able to argue for compensatory damages. These damages can include both economic and non-economic damages including pain and suffering, emotional distress, disability and loss of enjoyment in life. In some cases, a lawyer may even 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 different defendants, including doctors midwives, nurses and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is accountable for negligence and who is accountable. They can then pursue maximum compensation for the victim and their family. The amount granted in a successful medical malpractice lawsuit is governed by state laws but they are able to be inclusive of all personal and financial losses that occur due to the accident. Compensation A birth injury can be anything from minor, like broken bones to serious ones that can 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. If albuquerque birth injury attorney is deficient in oxygen the brain and other vital tissues are unable to receive the nutrients needed to function properly. There are a variety of factors that can lead to the loss of oxygen during labor and birth which includes a lengthy or complicated pregnancy and the use of a vacuum during the birth process. A Denver birth injury lawyer can help victims and families file a lawsuit to recover damages, such as medical expenses loss of wages, suffering and pain. A lawsuit could also be able to pay for any equipment or therapy programs necessary for the child's treatment. It is essential to work with an attorney for birth injuries in your area as it will cut down on the amount of time that has to be spent traveling back and forth for meetings, court dates, and other legal proceedings. 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 problems or issues with malpractice or negligence. Medical malpractice claims can be extremely complex and expensive, and many insurance companies attempt to avoid liability by blaming the victim the accident. A birth injury lawyer who has experience investigating cases can determine what transpired, who was responsible, and the value of the injury. A lawyer can also take on the burden of preparing the case, which is usually extremely time-consuming and requires expert testimony from doctors and other trained experts. A lawyer will also ensure that the statute of limitations is followed and that all the necessary medical records are gathered prior to filing an action. The earlier you get in touch with an attorney in Denver the sooner you can get in touch with an attorney in Denver. The attorney can get to work in investigating your claim and gathering the evidence to build a strong case for compensation. Medical records and expert witness testimony and other documentation is essential to prove that the injury your child suffered was caused by the negligence of a doctor. To learn more about the worth of your case, set up a an appointment with an experienced Colorado birth injury lawyer.