Brain Injury
During labor and delivery, the baby must have adequate oxygen and blood supply and maintain good cardiac function. The caregiver can measure the baby's viability regarding these needs using multiple means.
If there is reason to believe the health of the baby is being compromised, the standard of care may require emergent delivery by C-section to avoid brain injury.
Our lawyers have investigated and successfully recovered compensation from doctors, hospitals, and midwives for negligence in not properly managing labor and delivery, resulting in severe brain injury to the child.
Brachial Plexus Injury
Another birth injury for which our Denver birth injury attorneys have represented children and families is a neurological injury called a brachial plexus injury. This injury often is the result of a problem during delivery called shoulder dystocia, wherein the baby gets stuck in the birth canal.
The doctor, nurse, or midwife can mismanage this situation and cause injury to the nerves of the brachial plexus. This can be a very devastating injury with lifelong consequences.
Cerebral Palsy
Cerebral palsy is a neurological disorder that is caused by brain damage during pregnancy or delivery. Brain trauma, as well as developmental problems, can result in cerebral palsy.
There is no known cure for cerebral palsy, although treatments such as surgeries and therapies can help manage the symptoms. Learn more about how the Denver Trial Lawyers® assists individuals affected by cerebral palsy.
What Damages Can Be Recovered in Birth Injury Cases?
Families affected by birth injuries due to medical negligence may be entitled to various forms of compensation to address the extensive impact on their lives.
The types of damages that can be sought include:
- Medical expenses: Covers both past and future costs for surgeries, hospital admissions, rehabilitation, and ongoing medical treatment.
- Therapy and rehabilitation costs: Includes costs for physical, occupational, and speech therapies required for the child’s development and maximum independence.
- Assistive devices and home modifications: Compensation for items like wheelchairs, ramps, or necessary home alterations that support the child’s daily living.
- Pain and suffering: Accounts for the physical pain and emotional trauma endured by the child and family due to the injury.
- Loss of quality of life: Compensation for the reduction in life enjoyment or the ability to participate in normal childhood or family activities.
- Lost income: May include lost wages for parents who must leave employment to provide care, or future earning potential lost by the child as a result of their condition.
These damages are intended to alleviate the financial burden and support the ongoing needs of the affected family.
In many Colorado birth injury cases, we work with life-care planners and economic consultants to project the long-term costs of medical care, therapies, and support services your child may need over a lifetime. By fully documenting these needs and presenting them clearly, a Denver Birth Injury Lawyer can help the court or insurance carrier understand how the injury will affect housing, education, and daily living, which is essential when seeking a resolution that reflects the true impact on your family.
What are the Statute of Limitations for Birth Injury Claims in Colorado?
In Colorado, the deadline for filing a birth injury lawsuit is generally two years from the date when the injury occurred or was discovered. For cases involving minors, the statute of limitations can extend, and in some situations claims may be brought until the child turns eight.
It is essential to adhere to these time limits to ensure your legal rights are preserved. Missing the deadline could prevent you from pursuing the necessary compensation. If you have concerns about the statute of limitations for your case, consult with our Denver birth injury lawyers to get guidance that is tailored to your circumstances and to understand your legal options.
Because exceptions can apply based on the specific facts of each case, we carefully review medical records, timelines, and communications with providers to determine when the clock may have started running. We also take into account how Colorado law is applied in local courts such as the Denver District Court and nearby county courts, so that your claim is filed in the proper venue and within the appropriate time frame.
How Our Birth Injury Lawyers Approach Your Case
When a family contacts us after a difficult delivery, we know they are looking for clear answers about what happened and what they can do next. Our first step is to listen carefully to your concerns, gather the medical records from the prenatal period through delivery, and explain how Colorado medical negligence law may apply. From there, a Denver Birth Injury Lawyer coordinates a detailed review with medical professionals to evaluate whether the standard of care was followed and what choices were available to the providers involved.
As the case develops, we assemble a team that may include nurse practitioners, investigators, and trial-focused staff to build a clear timeline of events before, during, and after birth. We look at how care was provided at local hospitals and clinics in the Denver metro area and compare that care to accepted medical guidelines and facility policies. Throughout the process, we keep you updated on the status of the investigation, potential negotiation discussions with insurance carriers, and important milestones, so you can make informed decisions about settlement, mediation, or trial.
To help you understand what working with our firm looks like, we typically focus on these key stages:
- Initial evaluation and record review to identify potential negligence and confirm that a viable claim exists under Colorado law.
- Expert consultation and case planning with qualified medical professionals who can explain how specific decisions during labor and delivery contributed to your child’s injuries.
- Claim filing and litigation strategy that takes into account local court procedures in Denver and the surrounding counties, as well as the long-term needs of your child and family.
In many situations, we will also coordinate with treating physicians and rehabilitation providers at major Denver-area facilities to understand your child’s current condition and prognosis. By integrating these medical insights with our legal analysis, our birth injury attorney can tailor a strategy that addresses both the immediate questions about what went wrong and the longer-term planning your family will need as you navigate schooling, therapies, and support services.
Choosing The Right Denver Birth Injury Lawyer
For many families, one of the hardest decisions after a traumatic delivery is deciding who should handle their legal claim and guide them through the next steps. When you speak with a firm about a potential case, it can help to ask about their experience with complex medical negligence claims, the resources they bring to investigations, and how they communicate with clients throughout a lengthy case. Understanding these factors allows you to decide whether the firm is a good fit for your family’s needs and expectations.
At Denver Trial Lawyers, we draw on decades of collective experience in Colorado medical malpractice litigation, including cases involving care at major hospitals such as Denver Health Medical Center and other facilities in the metro area. We are prepared to explain how our trial background, access to qualified medical professionals, and understanding of local court practices can be used to develop your case from the initial review through possible mediation or trial. Taking time to compare these details across different firms can help you feel more confident in the Denver Birth Injury Attorney you ultimately choose to represent your child.
Contact Our Denver Birth Injury Attorney Today
If your child has suffered a birth injury as a result of medical malpractice or medical negligence, contact the compassionate, knowledgeable team of birth injury attorneys at Denver Trial Lawyers®. An injury to your new baby is one of the most stressful, frightening experiences a new parent can have.
Unfortunately, in addition to the emotional pain and physical injury, there is often a significant amount of medical cost attached, which has the potential to last throughout the lifetime of your child.
Contact Denver Trial Lawyers by calling (303) 647-9990 today to meet with our Denver birth injury lawyer!
.png.2604071004252.webp "Best Lawyers Woodruff"){kind=logo}
.png.2604071003469.webp "Best Lawyers Wahlberg"){kind=logo}
