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A Denver Birth Injury Attorney Can Help You File a Claim The birth of a child is a joyful event. Mistakes in medical care during delivery and labor can cause serious birth injuries. riverside birth injury attorneys can cause lifelong repercussions and significant financial costs for families. A Denver birth injury lawyer can assist parents to recover compensation for their child's lifelong medical needs. An application for compensation can be made anytime prior to the minor's eighth birthday. Birth Injuries: Causes Medical malpractice occurs when doctors or other health care professionals deviate from accepted medical standards, causing injury or death. Some birth injuries are preventable, and medical negligence during childbirth could lead to astronomical medical bills, lost income, and inability to provide for your child's requirements. A seasoned Denver birth injury lawyer such as Laura Brown can help you fight for your child's right to compensation. Anoxia is among the most frequent birth injuries. This kind of birth trauma can cause irreparable damage to the brain and affect a child's mental and physical functioning. It can also trigger developmental delays, impulsive behavior and learning difficulties. Another form of birth trauma is nerve damage. This includes nerve damage in the brachialplexus, which extend from the spine to the shoulder, arm and neck. These injuries can lead to a loss of functionality in the hands, fingers, and arms. They may also cause a condition called Erb's palsy. These injuries result from shoulder dystocia. This is a condition where the baby gets stuck in the birth canal and force is used to deliver the baby. A nurse, doctor or midwife may mismanage this situation, causing injury to the brachial plexus. Other injuries include a deficiency of blood flow to the fetus poor oxygenation during labor and birth as well as airway obstruction, elevated bilirubin levels, and distress in the fetus. Fetal distress is usually identified with a quick test, known as the Apgar score, which evaluates the newborn's muscle tone, breath heart rate, breathing, and skin color after childbirth. Some birth injuries need immediate medical attention, while other injuries are not detected until months or even years after the baby's birth. Many birth injuries aren't identified, for instance, subgaleal haemorrhages and skull fractures. For example brain imaging may reveal the presence of conditions such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy. Medical Malpractice Many birth injuries are the result of negligence or medical malpractice. These lawsuits assert that a nurse or doctor or midwife or another healthcare provider failed in their duty of care to the mother and child through their actions or inaction. A lawyer can help parents in constructing a solid case by looking over the medical records of a patient and obtaining experts to testify. Medical professionals can offer evidence to prove that a healthcare professional's actions, or inactions, hurt a patient. Often, these medical experts will affirm that the doctor's or healthcare provider's actions fell below the standards of care that are required in their specialty. They can also provide their opinions regarding the injuries the healthcare provider should have been able to avoid. The lawyer will then use this information to bargain with the doctor or hospital to settle the matter. In many instances the hospital or doctor will offer a settlement prior a trial. They want to avoid negative publicity and may be willing to settle to safeguard their reputations. If the hospital or doctors refuse to settle, an attorney can file a medical negligence lawsuit in court. When a lawsuit is filed, parents will be the plaintiffs and the doctors, nurses and other medical professionals will become defendants. Lawyers begin the discovery process. This includes providing all the information that support the case. They will also take depositions, or sworn statements. The lawyers will argue that the defendants acted negligently by failing to adhere a standard of care in their profession and that this negligence caused the injury to the child. They will seek compensation for injury-related expenses including medical bills or lost wages, among 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 or judges could also award punitive damages, which are intended to punish the defendants for their carelessness or inattention. A Denver birth injury lawyer in Denver can assist parents to understand and assert their rights and fight for fair compensation for medical expenses, therapy fees and other related costs to an injury. They can help families assess the full value of their losses, and pursue a medical malpractice lawsuit against negligent healthcare providers. Statute of limitations Victims can bring a lawsuit when a medical professional fails in their duty to provide an infant, or mother, with the standards of care established during labour, pregnancy and delivery and the injuries have life-altering effects. A birth injury lawyer can help families build a strong claim to get compensation for medical bills, lost wages (if the parent has to take time off to care for the child) and much more. A birth injury lawyer is important to contact as soon as you can after a medical error is suspected during the birth process. State law stipulates deadlines that victims must meet. An experienced lawyer will assist clients in understanding the timeframe to make a claim, and also effectively argue for extensions, if necessary. Once a lawyer takes on the case, they will begin to construct a strong argument to support the claim for damages by gathering the necessary evidence. This can include the medical records of the mother and child and the testimony of expert witnesses. Experts are able to explain to the court the standard of care in this type of situation, and also explain why the actions of the medical professional were not in line with the norm. Based on the severity of a victim's injuries, a lawyer can also advocate for compensatory damages. These may include both non-economic and economic damages, such as the cost of suffering and emotional distress, loss of enjoyment of life, and many more. In some cases lawyers can seek punitive damage to punish the defendant as well as serve as a warning to others. Victims of birth injuries often have multiple claims against different defendants, such as doctors, nurses, midwives, and other medical professionals. The lawyers at a firm that handles birth injuries can conduct a thorough investigation to determine who are accountable for the lapses and who should be held accountable. The victim and his family will then be compensated up to the maximum. The amount awarded in a successful medical malpractice lawsuit is governed by state laws but they are able to include all personal and financial losses that result due to the injury. Compensation Birth injuries can range from minor injuries like broken bones to serious injuries that affect the child's health in the long run. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When an infant is deficient in oxygen their brain and other vital tissues are unable get the nutrients they require to function effectively. There are a variety of factors that can cause oxygen deprivation 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 their families bring a lawsuit against responsible parties for the damages that result from the injury, including medical bills, lost wages, and suffering and pain. A claim could also be used to pay for the cost of equipment and therapy programs that may be required for the care of the child. It is crucial to engage a local birth injury attorney because it will reduce the amount of time that has to be spent travelling between meetings with court dates, court dates, and other legal proceedings. A local law firm is also more familiar with the medical professionals and hospitals involved in the birth of your child. They will be more likely to know whether they have had prior issues or history of malpractice or negligence. Medical malpractice claims can be extremely difficult and expensive, and a lot of insurance companies try to avoid responsibility by blaming the victim the accident. A skilled birth injury lawyer can investigate the case and determine what happened which party is responsible, and how much the damage is worth. A lawyer is also able to take on the task of preparing the case, which is often extremely time-consuming and requires expert testimony from doctors and other qualified experts. A lawyer will also make sure that the statutes of limitation are observed and that all necessary medical records are gathered prior to filing lawsuits. The earlier you get in touch with an attorney in Denver, the better. The attorney will begin to work investigating your claim and gathering the evidence needed to build a strong case for compensation. Medical documents and expert witness testimony and other evidence is necessary to prove that the injury your child suffered was the result of the negligence of a doctor. Schedule a consultation with an experienced Colorado birth injury lawyer today to learn the amount your case is worth.