Birth Injury Attorneys Serving Metro Denver & All of Colorado
Was your child injured during labor or delivery? A Denver birth injury lawyer can help.
A birth injury is defined as any type of trauma suffered by the baby during the birthing process. Some injuries are severe, potentially resulting in permanent disability that can affect children for the rest of their lives.
The birth of a child should be a joyful occasion. Unfortunately, a multitude of factors (including medical negligence) can lead to birth injuries. Burg Simpson Law Firm has the experience, resources, and record of success to manage your claim and obtain the compensation you deserve.
Please call 303-792-5595 to speak with a Denver birth injury lawyer at Burg Simpson Law Firm today. Your initial case evaluation is FREE and 100% confidential.
What Are the Most Common Types of Birth Injury?
According to the Journal of Pediatrics, approximately 31 newborns per 1,000 babies born in the United States suffer some form of birth trauma. Common examples of birth injuries include:
- Brachial Plexus Injury: Injury to the brachial plexus (the nerves around the shoulder) can result in weakness or paralysis of the arm.
- Caput Succedaneum: Swelling of the soft tissues of the baby’s scalp is typically caused by pressure during delivery.
- Cephalohematoma: Similar to caput succedaneum, cephalohematoma is bleeding between the skull and the periosteum (the membrane covering the bones) of the baby’s head.
- Fractures: Fractures, particularly of the collarbone or clavicle, can occur during a difficult birth.
- Intracranial Hemorrhage: Bleeding that occurs within the skull can lead to various complications depending on the severity.
- Facial Paralysis: Pressure on the baby’s face during delivery can sometimes result in facial nerve damage, leading to temporary or permanent paralysis.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE occurs when there is a lack of oxygen to the baby’s brain during birth, leading to brain damage.
- Kernicterus: Kernicterus is a type of brain damage that can affect newborns with severe jaundice. Early diagnosis and treatment are key.
- Meconium Aspiration Syndrome (MAS): MAS happens when a baby inhales meconium (the first stool) into the lungs, which can cause breathing difficulties and potential lung damage.
- Perinatal Asphyxia: Similar to HIE, perinatal asphyxia refers to oxygen deprivation before, during, or after birth, which can result in brain damage and other complications.
- Skull Fractures: Fractures of the bones of the skull may occur during a difficult delivery or as a result of errors by medical professionals.
Every birth injury case is unique. Some injuries are relatively minor and resolve on their own, while others can have a devastating impact on the child’s development and overall future.
What Is a Catastrophic Birth Injury?
A catastrophic birth injury is any type of neonatal trauma that results in severe and permanent effects for the baby. Perhaps the most noteworthy example is cerebral palsy.
Cerebral palsy is a group of disorders affecting movement and muscle coordination. It may occur as a result of brain damage before, during, or after birth.
Other examples of a potentially catastrophic birth injury include:
- Erb’s Palsy: Muscle weakness or paralysis that occurs as a result of injury to the nerves in the upper arm (brachial plexus injury).
- Klumpke’s Palsy: Another brachial plexus injury that can lead to muscle weakness or paralysis of the forearm and/or hand.
- Hypoxia & Anoxia: Compression of the umbilical cord, placental abruption, maternal blood pressure issues, and prolonged labor can all reduce or entirely cut off the oxygen supply to the baby’s brain, potentially resulting in permanent brain damage.
- Spinal Cord Injuries: Damage to the spinal cord during birth can cause paralysis or loss of sensation below the site of injury, impacting motor and sensory functions.
- Traumatic Brain Injuries: Issues such as prolonged labor, improper use of delivery instruments, and excessive traction can lead to traumatic brain injury during childbirth.
A Denver birth injury attorney at Burg Simpson Law Firm will strive to understand all of the ways the injury has impacted your child. Our team will also evaluate the practical and financial effects on your family so we can represent you and your loved ones effectively.
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What Causes Birth Injuries?
Birth injuries have many potential causes. Common risk factors for birth injuries include:
- High birth weight: Babies heavier than 8 pounds, 13 ounces are more likely to encounter a problematic delivery.
- Premature birth: Babies born before 37 weeks are susceptible to injury because of their underdeveloped bodies.
- Cephalopelvic disproportion: If the mother’s pelvis isn’t suitable for delivery, whether because of shape or size, then a C-section might be necessary.
- Dystocia: An awkwardly positioned fetus or problems with the uterus and/or cervix can result in dystocia, or obstructed labor.
- Long labor: The longer the labor, the greater the chances that complications will arise.
- Abnormal presentation: Breech presentations can lead to a host of issues during delivery.
The role of medical malpractice cannot be discounted, either. Negligence on the part of doctors and other professionals involved in the delivery can injure the baby, the mother, or both. There are two broad categories of errors that can lead to birth injuries.
Mechanical Injuries
Mechanical injuries are caused by physical force, such as when a child is injured by the pressure from the use of forceps or a vacuum extraction device during delivery. The baby’s head, neck, and shoulders are particularly vulnerable to mechanical injury.
It is important to note that it is normal for infants delivered vaginally to show some degree of bruising; not every contusion is an indication of medical malpractice. However, if your newborn baby has unexplained injuries—including unusual bruising or abrasions—it could be a sign of birth injury.
Oxygen Deprivation
Brain cells deprived of oxygen begin to expire after three minutes. This can result in blindness, intellectual disability, and other devastating complications.
Multiple factors can lead to oxygen deprivation during labor and delivery, including:
- Drugs administered to the mother during childbirth
- Physical obstructions, such as the umbilical cord becoming wrapped around the baby’s neck
- Obstructions to breathing
It is the duty of healthcare professionals to monitor mother and baby and make timely decisions if the baby is not receiving enough oxygen. Delays and failure to take action can have lifelong consequences.
What Are the Symptoms of a Birth Injury?
The symptoms of a birth injury depend on the type of injury your baby has suffered and how serious it is. Symptoms are not always immediately apparent, with diagnosis only occurring when the child fails to reach developmental milestones.
Parents should watch for the following signs:
- Difficulty breathing or respiratory distress
- Weakness or paralysis in one or more limbs
- Abnormalities in muscle tone (either too floppy or too rigid)
- Difficulty feeding or swallowing
- Persistent crying or irritability
- Abnormalities in reflexes
- Seizures
- Facial asymmetry or nerve-related issues (including facial paralysis)
- Bruising, swelling, or deformities in the baby’s head or body
- Signs of neurological impairment, such as altered consciousness or abnormal movements
Do not hesitate to seek medical attention if your baby is exhibiting any of these symptoms. You should also consult a Denver birth injury lawyer as soon as possible if your baby is diagnosed with cerebral palsy or another condition associated with birth trauma.
How Much Compensation for Birth Injury?
A birth injury diagnosis is gut-wrenching. The hopes you once had for your child may be forever altered. In addition to the physical limitations your child may face and the emotional burdens on the family as a whole, birth injuries also present significant financial challenges.
It is difficult to quantify all of the ways a birth injury can affect you and your family. That is why it is in your best interest to speak with a birth injury attorney promptly.
At Burg Simpson Law Firm, our goal is to obtain maximum compensation on your behalf. We evaluate the full circumstances to determine what damages you and your family may be entitled to in a birth injury claim.
It is crucial to account for the costs you and your family have to bear, as well as the challenges you and your child will face in the future. A Denver birth injury lawyer can pursue compensation for the following:
- All current medical expenses
- Therapy and rehabilitation
- Medications
- Adaptive devices and mobility aids
- Home-based medical care
- Modifications to your home and/or vehicle
- Any income lost by the parent or parents
- Loss of earning capacity
- Pain and suffering
- Mental and emotional anguish
- Loss of society and companionship
Colorado imposes caps on both non-economic losses ($300,000) and the total value of damages awarded for injuries due to medical malpractice ($1 million, unless such a limitation is deemed unfair). The lifetime cost of a birth injury often exceeds these limits. A knowledgeable Denver birth injury attorney can collect and present evidence establishing your right to additional compensation.
Who Is Liable for Birth Injuries?
Multiple defendants may face liability for a birth injury. A comprehensive investigation can reveal who is at fault and who is responsible for damages.
Liable parties in a birth injury claim may include:
- Medical professionals, including doctors, nurses, surgeons, anesthesiologists, etc.
- Hospitals and other facilities
- The manufacturers of defective medical devices used during delivery
Each of these defendants is protected by large and powerful insurance companies. Ultimately, the insurers are required to pay damages if the case succeeds. It should come as no surprise that insurance companies will do whatever they can to avoid making a big payout.
With 45 years of experience and more than $2 billion in results, Burg Simpson is not afraid to fight for the compensation our clients deserve. Insurance companies know our reputation, which often makes them more willing to negotiate and offer better settlements.
Preparing Your Birth Injury Case
Burg Simpson Law Firm has an in-depth understanding of the preparation needed to prevail in a birth injury claim. We know how complex birth injuries are, and we tailor our strategy accordingly.
A Denver birth injury lawyer at our firm will fully review your child’s medical records. This includes documentation of the labor and delivery, subsequent appointments with pediatricians, and more. We also have an unparalleled network of expert witnesses we can leverage to determine whether negligence caused injury to your child during birth.
Colorado has special rules for bringing legal action against medical professionals. One of these rules is that any lawsuit against a healthcare provider must be accompanied by a “certificate of review” declaring that a relevant expert has reviewed the facts and found that the claim is justified.
Our team handles all aspects of the case on your behalf. This includes everything from consulting expert witnesses and negotiating a settlement to filing a lawsuit and preparing your case for trial as needed.
Why Choose Burg Simpson?
How Long Do I Have to Make a Claim?
As a general rule, medical malpractice claims in Colorado must be filed within 2 years of the date of injury. However, there is an important exception that may extend the time limit for birth injury victims.
If a minor child suffers injury due to negligent medical care prior to the age of 6, a claim may be brought on behalf of the child anytime before the child’s 8th birthday (see Colorado Revised Statutes § 13-80-102.5). The symptoms of a birth injury may not become apparent until the baby is 1–2 years old, so this provides families with additional time to pursue justice for their child.
We encourage you to speak with a birth injury lawyer as soon as possible if your child suffered a birth injury. This is the best way to protect your legal rights and ensure that there is plenty of time to prepare a strong case for compensation.
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Contact a Denver Birth Injury Lawyer Today
Nobody expects that their newborn will suffer an injury when they are coming into the world. Tragically, medical negligence in the delivery room can adversely impact your child’s entire life.
Burg Simpson Law Firm has the experience, resources, and skills to handle complex birth injury claims. As Good Lawyers. Changing Lives.®, we know what it takes to win. Our team will do everything possible to maximize compensation for you and your family.
For a FREE and confidential case evaluation, call Burg Simpson at 303-792-5595 today. Our birth injury attorneys serve clients in Metro Denver and throughout Colorado.
