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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 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 care and treatment of their child. A claim can be made at any time prior to the minor's 8th birthday. Birth Injury Causes Medical malpractice occurs when doctors and other health care professionals deviate from accepted medical practices, causing injury or death. Medical negligence during childbirth, which can result in massive medical expenses as well as the loss of income and inability to meet the basic needs of your child, is one of the most avoidable birth injuries. An experienced Denver birth injury attorney like Laura Brown can help you fight for your child's rights to compensation. Anoxia is one of the most commonly occurring 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 and impulsive behavior as well as learning disabilities. Another form of birth trauma is nerve damage. This includes injuries to the brachial nerve, which are nerves that run from the upper spine to the shoulder, neck and arm. These injuries can lead to a loss of functionality in the hands, fingers, and arms. These injuries can also lead to 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 applied to birth the baby. This can result from nurses, doctors or midwife not properly handling the situation, causing injury to the brachialplexus. Other injuries include a lack of blood flow to the foetus, poor oxygenation during birth and labor, improper intubation, airway obstructions, high bilirubin levels and the stress of a fetus. Fetal distress can be detected by a simple test called the Apgar score. This test assesses a newborn's skin color, breathing, muscle tone, and heart rate following birth. Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby's birth. For example, skull fractures or subgaleal hemorrhages are immediately obvious, but many other birth injuries are not recognized. Brain imaging can identify conditions such as cerebral palsy or hypoxic-ischemic cerephalopathy. Medical Malpractice Many birth injuries result of negligence or medical malpractice. These lawsuits claim that doctors, nurses, midwife or other healthcare provider breached their duty to look after the mother and child by their actions or inability to act. A lawyer can assist parents build a strong case against a healthcare professional through reviewing the patient's medical records and obtaining expert witnesses. Medical professionals can provide testimony that shows the way in which a healthcare professional's actions or inactions harmed the patient. These medical experts often declare that a doctor's or other healthcare professional's actions were below the standards of care in their field. They also provide their opinions on injuries that a healthcare professional should have been able to prevent. The lawyer will use this information to negotiate a settlement with the doctor or hospital. In many cases, the doctor or hospital will offer a settlement prior to an investigation. They want to avoid negative publicity and may accept a settlement to protect their reputations. If hospitals or doctors refuse to settle, a lawyer may bring a medical malpractice lawsuit in the court. When a lawsuit has been filed, the parents are plaintiffs, and the nurses, doctors, and other medical professionals are defendants. Lawyers will begin the process of discovery. This includes sharing all the information that can support the case. They will also conduct depositions, which are sworn statements. The lawyers will argue that the defendants committed negligence by failing to adhere a standard of care in their work and that this negligence caused injury to the child. They will request compensation for the injuries-related losses that include medical bills, lost earnings and other expenses. A judge or jury can award additional damages, including non-economic loss, such as pain and suffering. In certain instances juries and judges may also award punitive damage, which is meant to punish defendants for their recklessness or disregard. An experienced Denver birth injury attorney can help parents understand their rights and advocate for fair settlement to cover medical expenses as well as therapy costs and other injury-related expenses. They can help families determine their losses to the fullest extent and file a lawsuit against negligent healthcare providers. Statute of limitations Victims can bring a lawsuit in the event that a medical professional is not in their obligation to provide an infant, or mother, with the care during labour, pregnancy and delivery. Injuries can have life-altering consequences. A birth injury lawyer can help families file a successful claim to recover compensation for medical bills as well as lost wages (if a parent must leave to care for the child), and more. A birth injury lawyer is important to contact as soon as you can in the event of a medical mistake during the delivery process. The law of the state stipulates deadlines that victims must adhere to. A skilled lawyer can help clients understand the timelines to file a claim as well as argue effectively for extensions when needed. Once a lawyer takes on a case, they can begin to construct a strong argument to support the claim for damages by gathering the needed evidence. This can include medical records of the mother and child, along with the testimony of experts. Experts are able to explain to the court the standard of care in this type of situation, and also explain why the medical provider's actions did not conform to the standard. The lawyer can also pursue compensation for damages, based on the degree of the victim's injuries. These may include non-economic and economic damages, such as suffering and pain, 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 for others. Victims of birth injuries often have multiple claims against various defendants, such as doctors, midwives, nurses and other medical professionals. The lawyers at a birth injury firm will conduct an extensive investigation to determine who are responsible for the malpractice and who is accountable. They can then pursue maximum compensation for the victim and their family. The total amount of damages awarded in a successful medical malpractice lawsuit is governed only by the state laws but they are able to be inclusive of all financial and personal losses that result due to the accident. Compensation A birth injury can be anything from minor, like broken bones to more serious ones that affect a child's long-term health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most serious medical birth injuries. When westfield birth injury attorneys is deprived of oxygen the brain and other vital tissues are unable to 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 difficult pregnancy, as well as the use of a vacuum during an uneasy birth. A Denver birth injury lawyer can help families and victims file a lawsuit against the accountable parties for the damages incurred, such as medical bills, lost wages and pain and suffering. A claim could also be able to pay for any equipment or therapy programs necessary to treat the child. It is crucial to engage a local birth injury attorney since it will decrease the amount of time that must be spent traveling back and forth for 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. They are more likely to be aware of whether they have any prior issues or previous history of negligence or malpractice. Medical malpractice claims are complex and costly, and insurance companies often attempt to minimize liability by blaming the victims for injuries. A birth injury lawyer with experience investigating cases can determine the circumstances, who was responsible, and the value of the injury. A lawyer will also be competent in the preparation of the case. This is a very lengthy process that requires the testimony of doctors and other professionals. Lastly, a lawyer will ensure that the statute of limitations has been adhered to and that the correct medical records are obtained prior to filing an action. The earlier you get in touch with a Denver birth injury attorney the sooner you can contact a Denver birth injury attorney. The attorney can get to work on investigating your claim and gathering the evidence to present a compelling claim for compensation. The medical documents and expert witness statements and other evidence are crucial to show the injury suffered by your child was the result of the medical professional's negligent acts. Schedule a consultation with an experienced Colorado birth injury lawyer today to find out the amount your case is worth.