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A Denver Birth Injury Attorney Can Help You File a Claim The birth of a child is a joyful event. However, medical errors during the birth process can result in serious birth injuries. These injuries can have long-lasting effects and be costly for families. A Denver birth injury attorney can assist parents to recover compensation for their child's lifetime requirements for care. An application for compensation can be made anytime prior to the child's 8th birthday. Birth Injury Causes Medical malpractice occurs when a doctor or health care professional deviates from accepted medical standards and causes injury or death. Certain birth injuries can be prevented, and medical negligence during childbirth could result in astronomical medical costs as well as lost income and the inability to meet your child's requirements. An experienced Denver birth injury lawyer such as Laura Brown can help you fight for your child's right to compensation. There are a variety of birth injuries, however one of the most common is one that causes oxygen deprivation (anoxia). This kind of birth injury can cause irreparable brain damage and impact the child's physical, mental, and emotional functioning. It can also cause delay in development, impulsive behavior and learning difficulties. Another form of birth injury is nerve damage. This includes the brachial plexus which are nerves that run from the upper spine to the shoulder, neck, and arm. These injuries can cause a loss of function in the arms, hands and fingers. They can also lead to the condition known as Erb's palsy. These injuries are typically caused by a problem during the birth process known as shoulder dystocia, in which the baby is stuck in the birth canal and forces are applied to try to bring the baby out. A doctor, nurse or midwife could fail to manage this situation and cause injury to the brachial plexus. Other injuries include a deficiency of blood flow to the fetus, poor oxygenation during labor and birth and intubation that is not properly done or an obstruction of the airway, elevated bilirubin levels, and fetal distress. Fetal distress can be diagnosed through a simple test known as the Apgar score. The test evaluates a newborn's skin color as well as muscle tone, breathing, and heart rate following birth. Some birth injuries require immediate medical attention while others may not be detected for months or even years after the baby's birth. For example, subgaleal hemorrhages or skull fractures are immediately obvious, but many other birth injuries go undiagnosed. Brain imaging can reveal conditions like cerebral palsy or hypoxic-ischemic brain encephalopathy. Medical Malpractice Medical negligence or malpractice is the reason for many birth injuries. These lawsuits claim that a nurse or doctor, midwife, or other healthcare provider violated their obligation to care for the mother and child through their actions or inaction. A lawyer can assist parents build a strong case against a healthcare professional by reviewing the patient's medical records and hiring expert witnesses. Medical professionals can offer evidence to demonstrate how the actions of a healthcare professional or lack thereof, harmed the patient. Most often, these experts will testify that the doctor or other healthcare provider's actions were below the standards of care that are required in their specialty. They also provide their opinion on injuries that the healthcare professional should have been able prevent. The attorney will utilize this information to negotiate a settlement with the hospital or doctor. In many cases doctors or hospitals will offer a settlement prior a trial. They may settle to protect their reputation and avoid negative publicity. If the hospital or doctors refuse to accept a settlement, an attorney may make a claim for medical negligence in the court. When the lawsuit is filed, parents will be the plaintiffs, while doctors, nurses and other medical professionals become defendants. Lawyers will start the process of discovery that involves sharing all information that support the case. They also will take depositions which are sworn statements. The lawyers will argue that the defendants acted in a negligent manner by failing to adhere to a standard of care for their profession and that their negligence resulted in the child's injury. They will demand compensation for injury-related expenses like medical bills, lost wages and other expenses. A judge or jury could award additional damages, including economic losses, such as pain and suffering. In some egregious cases juries or judges can also award punitive damages, which are designed to punish the defendants for their recklessness or inattention. A Denver birth injury lawyer can assist parents in understanding and asserting their rights and fight for fair compensation for medical expenses as well as therapy costs and other related costs to an injury. They can assist families in determining the total worth of their losses and make a claim for medical malpractice against the negligent healthcare providers. Statute of Limitations If a medical professional fails to provide a baby or mother with the standard of care during pregnancy, labor, and delivery, and the injuries cause life-altering effects the victims may pursue an action. A birth injury lawyer can assist families to file a claim to obtain the cost of medical bills and lost wages (if parents have to be absent from work to care for the child), and more. A birth injury lawyer is essential to contact as soon as possible following a suspected medical mistake during the delivery process. State law has deadlines that victims must meet. A skilled lawyer can help clients understand the timeline to file a claim and also argue for extensions when needed. A lawyer can begin to build an argument for damages that is strong after they have taken over the case. They will gather the necessary evidence. This could include the medical records of the mother and child as well as the testimony of expert witnesses. These experts can provide an explanation of the standards of care that apply in this kind of situation, as well as demonstrate how the medical provider's actions were different from the norm. The lawyer can also seek compensatory damages, depending on the severity of the victim's injuries. These damages could include economic and non-economic damages including pain and suffering, emotional distress, disability, and loss of enjoyment of life. In certain instances the lawyer may demand punitive damages to penalize the defendant and act as a deterrent for other people. Birth injury victims often have multiple claims, which can include against doctors, nurses and midwives. The lawyers of a firm that handles birth injuries can conduct an extensive investigation to determine who are responsible for the malpractice and who is liable. They can then seek maximum compensation for the victim and their family. The amount that can be awarded in a successful medical malpractice lawsuit is limited only by the laws of the state but they are able to include all the personal and financial losses that have occurred due to the accident. Compensation Birth injuries can range from minor injuries like broken bones to serious ones that affect a child's long-term health. Cerebral palsy and Hypoxic Ischemic Encephalopathy (HIE) are two of the most grave medical birth injuries. When a baby suffers from oxygen deprivation, it blocks their brain and other vital organs from getting the nutrients they require to function effectively. Oxygen deprivation can be caused by a variety of causes during labor and delivery. This can be caused by a long or complex pregnancy, as well as the use of a vacuum during a difficult birth. 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. birth injury attorney boulder could also be able to pay for any specialized equipment or therapy programs that are required for the child's treatment. It is essential to work with a local birth injury attorney because it will reduce the amount of time that has to be spent driving between meetings with court dates, court dates, and other legal proceedings. Local law firms will also be more familiar with the medical experts involved in the birth of your child. They are more likely to be aware of any prior problems or issues with malpractice or negligence. Medical malpractice claims can be extremely complex and costly, and many insurance companies try to avoid responsibility by blaming the victim for the accident. A experienced birth injury lawyer will investigate the case and determine what occurred, who is at fault and what the damage is worth. A lawyer can also take on the task of preparing the case which can be lengthy and requires expert testimony from doctors and other qualified professionals. A lawyer can also ensure that the statutes of limitation are met and that all medical records are gathered prior to filing an action. The sooner you contact 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 create a strong claim for compensation. Medical records, expert witness statements, and other documents are necessary to show that your child's injury was caused by a doctor or other medical professional's negligence. To learn more about the worth of your case, set up a an appointment with an expert Colorado birth injuries lawyer.