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There are no words to describe the emotional weight parents feel in the moments after a birth when complications arise. These experiences can be overwhelming and terrifying, often leading to uncertainty and severe outcomes.
Our Denver birth injury lawyers understand the pain and confusion of these types of incidents and can help families navigate the aftermath. We have in-depth experience in the Denver legal landscape and have helped victims pursue justice against hospitals and health care systems throughout the city.
Olson Personal Injury Lawyers is a trusted ally for mothers, their children, and their families. Call our law office today at (303) 381-2234 to schedule a free consultation where we can discuss your case in more detail.
Table of Contents
- Why Choose Olson Personal Injury Lawyers for Your Denver Birth Injury Case?
- Types of Birth Injuries We Handle in Denver
- Understanding Birth Injuries: Differentiating Medical Negligence From Natural Complications
- What Are Some of the Most Common Causes of Birth Injuries?
- Available Types of Compensation After a Birth Injury
- Understanding Our Process for Birth Injury Claims
- How Colorado Birth Injury Laws Might Impact Your Case
- Signs Your Child May Have Suffered a Birth Injury
- Birth Injury Resources for Denver Families
- Birth Injury Lawsuit FAQ
- Call an Experienced Denver Birth Injury Law Firm Today
Why Choose Olson Personal Injury Lawyers for Your Denver Birth Injury Case?
Our experienced and knowledgeable legal team has a proven history of securing full and fair compensation for clients across Colorado. We offer trial-ready advocacy with a Zero Fee Guarantee: No win, no fee, and our testimonials reflect our commitment to our clients’ success.
We approach each case with personalization and compassion, ensuring clients feel supported throughout the legal journey. With our local experience, multiple office locations throughout Colorado, and thorough knowledge of Denver’s laws and insurance practices, you can rely on us to handle your case effectively.
Types of Birth Injuries We Handle in Denver
Birth injury cases vary widely, including physical trauma, neurological damage, and tragic outcomes. Our firm handles all types of birth injuries, including:
- Encephalopathy
- Hydrocephalus
- Brachial Plexus
- Cerebral Palsy
- Fetal Heart Rate Strip
- Premature Birth
- Retained Placenta
If you or your loved one is experiencing a birth injury, our team is here to support you every step of the way. We have the experience and a network of experienced medical reviewers to help build a strong case and help you hold negligent providers accountable.
Understanding Birth Injuries: Differentiating Medical Negligence From Natural Complications
A birth injury claim arises when a preventable injury occurs because a health care provider fell below the accepted standard of care. Some natural complications are out of a doctor’s control and occur regardless of how the birth was handled. The legal question is whether the provider failed to act as a reasonably competent provider should under similar circumstances.
Some procedural actions that could indicate medical negligence include the following:
- Delayed C-section despite signs of fetal distress
- Improper use of delivery tools, such as forceps or vacuum extractors
- Failure to monitor fetal heart rate during labor
- Prolonged labor without proper intervention
- Umbilical cord complications that are not addressed immediately
- Maternal infections that are not treated or appropriately monitored before delivery
- Failure to identify or act on signs of oxygen deprivation
In Denver, all medical personnel are expected to uphold a level and type of care that a reasonably competent and skilled health care professional, with similar training and in a similar setting, would provide under the same circumstances.
When an individual or facility fails to uphold this standard, it could indicate medical negligence and a potential case for compensation. If you suspect that a medical error took place during your or a loved one’s delivery, do not wait to get in contact with a legal professional.
What Are Some of the Most Common Causes of Birth Injuries?
Some birth injuries are the result of medical complications, while others are linked to negligence.
- Delayed Birth: Prolonged labor can greatly raise the risk of birth injuries. As labor extends, the baby may experience increased stress, which can lead to oxygen deprivation and additional complications.
- Improper Use of Delivery Tools: Forceps and vacuum extractors are tools occasionally used to aid in delivery. However, improper use of these instruments can cause serious injuries, including skull fractures or nerve damage to the fetus.
- Oxygen Deprivation: This can result from umbilical cord issues, placental problems, or delayed delivery. Oxygen deprivation during birth may lead to long-term neurological conditions, including cerebral palsy.
- Inadequate Monitoring: Inadequate monitoring of the fetal heartbeat and the mother’s condition can result in missing signs of distress, which may delay critical interventions such as emergency C-sections.
- Failure to Perform a Timely C-Section: Failure to perform a timely C-section can lead to serious complications, including oxygen deprivation, brain injury, or permanent disability for the baby. Medical staff are expected to recognize signs of fetal distress or stalled labor and act quickly to ensure a safe delivery.
- Medication Errors: When a doctor or nurse gives their patient the wrong medication or dose before delivery, this can lead to serious complications, including adverse effects on the mother’s and unborn baby’s health and premature or delayed birth.
Available Types of Compensation After a Birth Injury
Birth injuries can have long-term impacts on families, leading to the loss of a loved one and extensive financial burdens. Our team can help secure optimal compensation for victims of birth injuries and their families, including:
- Immediate medical expenses and emergency care
- Future medical care and ongoing therapies
- Special education and developmental support
- Home and vehicle modifications
- Lost parental income and caregiving costs
- Pain and suffering damages
There is no set amount; compensation depends on injury severity, lifetime care needs, liability, and insurance coverage. Fortunately, a Denver attorney can best help you determine the value of your birth injury case.
Understanding Our Process for Birth Injury Claims
- Free Case Evaluation – We begin each case with a free consultation where you get to meet our team. There are no upfront costs, and we offer a Zero Fee Guarantee, meaning you never pay unless we win your case.
- Gathering Evidence – Our attorneys will get started on your case immediately, collecting medical records, accident reports, and other forms of vital evidence to showcase negligence.
- Support With Insurance Negotiations – Avoid speaking with insurers before you have counsel. Instead, our team can handle all insurance communication and negotiation to ensure you are offered a settlement amount that fully reflects your losses.
- Trial-Ready Representation – We prepare each case as though it will go to trial, ensuring maximum leverage.
How Colorado Birth Injury Laws Might Impact Your Case
Colorado has specific laws that can affect your birth injury case, and it is crucial to be aware of these as you navigate a claim.
Statute of Limitations
In Colorado, the statute of limitations for medical malpractice is typically two years. This period begins from the injury date or when the injury was discovered or should have been discovered.
For minors under six at the time of the alleged malpractice, the lawsuit must be filed before the child turns eight. Knowing these deadlines is essential to making sure your claim is submitted within Colorado’s legal limits.
Certificate of Review
In Colorado, a Certificate of Review must be filed within 60 days after service of the complaint, including birth injury cases, unless extended by the court. This certificate confirms that a qualified medical expert has reviewed the case and believes the claim has merit, helping to prevent frivolous lawsuits.
Damage Caps
Colorado law places limits, or caps, on certain types of damages in medical malpractice cases. Non-economic damages are capped at approximately $300,000, while economic damages are generally not capped. These caps can significantly affect the total compensation available in a birth injury case.
Comparative Negligence
Colorado follows a modified comparative negligence rule. This means that if the court finds a plaintiff to be partially responsible for an injury, their compensation may be reduced by their percentage of fault. However, if the plaintiff is found to be 50% or more at fault, they cannot recover any damages.
Signs Your Child May Have Suffered a Birth Injury
Parents can actively look for signs of a birth injury in their child. Within the first hours, weeks, and months after birth, the following could be symptoms that an injury occurred during delivery:
- Unexplained bruising, swelling, or marks on the baby’s head, face, or body
- Low Apgar scores, especially when not explained by prematurity or known conditions
- Seizures within hours or days of birth
- Difficulty breathing or the need for immediate resuscitation
- Poor muscle tone
- Lack of crying or delayed crying
- Feeding difficulties that are severe or persistent
Some developmental delays and milestones can also indicate birth injuries:
- By 3 to 4 months:
- Does not lift head when on tummy
- Trouble sucking, latching, or swallowing
- By 6 months:
- Difficulty rolling over, poor head control, or favors one side of the body
- No babbling, cooing, or vocal sounds
- By 9 months: Cannot sit without support
- By 12 months:
- Cannot crawl, pull to stand, or walk with assistance
- Does not say basic words or respond to name
- By 18 months: Minimal vocabulary or trouble understanding simple instructions
Early intervention is key to minimizing the effects a birth injury has on your child’s life. The sooner you can intervene, the better.
Birth Injury Resources for Denver Families
Along with thorough legal support, our team stands by the importance of community to help families navigate challenging experiences. Denver has numerous resources available for support with the aftermath of a birth injury.
- Early Intervention Colorado provides individualized developmental support for children with delays or disabilities, helping families access therapies and services tailored to early needs.
- The Child Find program and Preschool Special Education help identify young children who may benefit from early services and, if eligible, connect them to preschool special education.
- Programs like Parents as Teachers and Healthy Steps for Young Children offer voluntary, home-based guidance, developmental screening, and early childhood support right from infancy through preschool.
- Health First Colorado and the Children’s Buy‑In Program ensure access to essential medical, mental health, and therapy services for eligible children with disabilities.
- Colorado Works provides financial support, job training, and other assistance to families in need—including those caring for children with special needs.
- Circle of Parents® includes support groups for parents of children with special needs, offering peer-led discussion, emotional backup, and shared guidance.
- Therapies and Treatments – Denver-area providers offer speech, physical, occupational, and behavioral therapies.
Birth Injury Lawsuit FAQ
What Constitutes a Birth Injury Claim?
A birth injury claim arises from injuries a child sustains before, during, or shortly after birth due to healthcare provider negligence or malpractice. This includes injuries from oxygen deprivation, incorrect use of birthing tools, or failure to respond to fetal distress. The claim seeks compensation for damages.
How Do I Determine if My Birth Injury Claim Is Valid?
Identifying a valid birth injury claim requires reviewing medical records, understanding birth circumstances, and consulting medical experts. A skilled lawyer can assess if the care was below standard and if this caused your child’s injuries, establishing a legitimate claim.
Will Filing a Lawsuit Affect My Child’s Medical Care?
Initiating a lawsuit should not affect your child’s access to medical care. Patients have the right to receive medical treatment regardless of ongoing legal proceedings. However, it is essential to keep your legal team updated about your child’s medical needs to ensure your claim is fully considered.
Can I Sue if I Signed a Consent Form?
Yes, you can still sue for a birth injury even if you signed a consent form, which usually indicates agreement to known risks but does not shield medical professionals from liability for negligence or preventable errors.
What Evidence Do I Need for a Birth Injury Claim?
To support a birth injury claim, you will need several key pieces of evidence, including medical records, expert testimony, injury documentation, and witness statements. A Denver attorney can help gather and present this evidence in your birth injury case effectively.
Call an Experienced Denver Birth Injury Law Firm Today
Your child’s birth injury may have been preventable. Our Denver birth injury lawyers have the experience and resources to investigate what happened and fight for the compensation your family deserves. Contact us today for a free, confidential consultation or call (303) 381-2234.
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