5 Denver Birth Injury Attorney-Related Lessons From The Professionals A Denver Birth Injury Attorney Can Help You File a Claim

The birth of a child is a joyful event. Medical mistakes during delivery and labor can cause serious birth injuries. These injuries can have long-lasting effects and be costly for families.

A Denver birth injury lawyer in Denver can help parents receive compensation for the ongoing care of their child. A claim can be filed at any time before a minor's eighth birthday.

Causes of Birth Injury

Medical malpractice occurs when doctors or other health professionals stray from accepted medical practices and cause injury or even death. Some birth injuries are preventable and medical negligence during childbirth could lead to astronomical medical bills or loss of income, as well as inability to meet 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.

There are a variety of birth injuries, however one of the most frequent involves oxygen deprivation (anoxia). This kind of birth trauma can cause irreparable damage to the brain and impact a child's mental and physical functioning. It can also trigger developmental delays, impulsive behaviors and learning issues.

Another type of birth injury is nerve damage. This includes injuries to nerves in the brachialplexus, which connect the spine to the shoulder, arm and neck. These injuries can cause a loss of function in the arms, hands and fingers. They can also result in the condition known as Erb's Palsy. These injuries result from shoulder dystocia. This is a condition where the baby is stuck in the birth canal, and force is applied to deliver the baby. A nurse, doctor, or midwife might not be able to handle this situation and cause injury to the brachial plexus.

Other injuries include a lack blood flow to the foetus, low oxygen levels during labor and birth, improper intubation, airway obstructions, high bilirubin levels and stress in the fetus. Fetal distress is usually identified through a simple test known as the Apgar score, which measures the newborn's breath, muscle tone heart rate, breathing, and skin color after childbirth.

Some birth injuries require immediate medical attention, while others aren't apparent until months or even years after the baby's birth. For example, subgaleal hemorrhages and skull fractures are easily identifiable, but many other birth injuries remain undiagnosed. For instance brain imaging can show the presence of certain conditions like hypoxic ischemic disorder (HIE) or cerebral palsy.

Medical Malpractice

Medical malpractice or negligence is the main cause of birth injuries. These lawsuits assert that doctors, nurses or other healthcare provider violated their duty to care for the mother and child through their actions or failure to act.

A lawyer can help parents make a convincing case against a healthcare professional through looking over the medical records of the patient and hiring experts to testify. Medical professionals can offer evidence to prove that the actions of a healthcare professional, or inactions, hurt the patient.

These experts in medicine often provide evidence that a doctor's another healthcare provider's actions fell short of the standards of care they provide for their particular area. They also provide their opinions on injuries medical professionals should have been able prevent. The attorney will use this information to negotiate an agreement with the doctor or hospital.

In many cases, the hospital or doctor will settle prior to an investigation. They want to avoid negative publicity and may be willing to settle to protect their reputations. If the doctors or hospitals refuse to settle, a lawyer can make a claim for medical malpractice in court.

If the lawsuit is filed, the parents will become the plaintiffs, while nurses, doctors and other medical professionals become defendants. Lawyers will begin the process of discovery. This involves sharing all the evidence that can support the case. They will also take depositions or sworn statements.

The attorneys will argue the defendants acted negligently by not adhering to a certain standard of care within their field and that their negligence caused injury to the child. They will request compensation for the injury-related losses, which include medical bills as well as lost earnings and other expenses. A judge or jury may award additional damages, such as non-economic losses like pain and suffering. In some egregious cases juries or judges can also award punitive damages, that are designed to penalize the defendants for their recklessness or inattention.

A seasoned Denver birth injury attorney can assist parents to understand their rights and fight for fair compensation to cover medical costs as well as therapy costs and other related expenses. They can help families assess their total losses and bring a lawsuit against negligent healthcare providers.

Statute of limitations

If a medical professional fails to provide an infant or mother with the established standards of medical care during labor and birth, and the injuries lead to life-altering consequences victims can bring an action. A birth injury attorney can assist families in building a strong case to recover compensation for medical expenses, lost wages (if parents have to take time off to take care of their child) and other damages.

Since state law establishes deadlines for when victims can make claims, it is essential to speak with a birth injury attorney as soon as you can after the occurrence of a medical error in the birth process. An experienced lawyer will assist clients in understanding the timeframe to make a claim, and also effectively argue for extensions if required.

After a lawyer has taken on a case, they are able to begin to build a convincing argument to justify the claim for damages by gathering the required evidence. This can include medical documents of the mother and child, as well as the testimony of experts. Experts can explain to the court the standards of care for this type of situation and show how the medical provider's actions did not conform to the standard of care.

The lawyer can also pursue compensation damages, based on the extent of the injury. These could include non-economic as well as economic damages, including suffering and pain, disability, emotional distress and loss of enjoyment of life, and more. In certain cases lawyers may seek punitive damages to penalize the defendant as well as act as a warning for others.


Victims of birth injuries often have multiple claims against different defendants, such as doctors, nurses, midwives, and other medical professionals. A law firm that handles birth injuries can conduct an investigation to determine who is responsible for the malpractice and who should face liability. The victim and his family will then be compensated up to the maximum amount. The state laws restrict the amount of damages that can be awarded in a medical negligence lawsuit, but it could include all personal and financial damages resulting from.

Compensation

Birth injuries can range from minor abrasions like broken bones to more serious injuries that affect the child's health over the long-term. Some of the most severe medical birth injuries include cerebral palsy and hypoxic ischemic Encephalopathy (HIE). When a baby is deficient in oxygen, their brain and other vital tissues are unable to receive the nutrients required to function properly. Many factors can cause deficiency of oxygen during labor and delivery, including a long or complicated pregnancy and the use of a vacuum during an uneasy birth.

A Denver birth injury lawyer can assist victims and their families to file a lawsuit against accountable parties for the damages incurred, such as medical expenses, lost wages, and pain and suffering. A lawsuit can also assist in the payment of equipment and therapy programs that could be required for the child's care.

Finding a local attorney for birth injuries is important because it can save you time travelling to and from meetings, court dates and other legal procedures. A local law firm will also be more familiar with the medical specialists and hospitals that were involved in the birth of your child. They are more likely to be aware of any previous problems or issues with negligence or malpractice.

Medical malpractice claims can be complicated and costly insurance companies frequently attempt to minimize liability by blaming victims for the accidents. A birth injury lawyer who has experience investigating cases can determine what happened, the parties at fault, and the worth of the injury.

A lawyer can also handle the task of preparing the case which is often lengthy and requires expert testimony from doctors and other qualified experts. Lastly, a lawyer will ensure that the statute of limitations is met and that the proper medical records are collected before filing a lawsuit.

The sooner you speak to an attorney in Denver the sooner you can get in touch with an attorney in Denver. The attorney will review your claim and gather the evidence required to establish a solid compensation case. Medical documents as well as expert witness testimony and other evidence is necessary to prove that the injury your child suffered was the result of a doctor's negligence. Contact agree with this experienced Colorado birth injury lawyer today to learn what your case's worth.