The Lifetime Costs Of A Birth Injury
Some birth injuries are recoverable and only require a short period of treatment. Other conditions are permanently disabling and will follow a child for the rest of their life (like brain damage and cerebral palsy). In either case, there are always direct financial consequences of a serious birth injury, including expenses like:
- Frequent and prolonged medical treatment (e.g. regular appointments, surgeries, medication, etc.)
- Handicap-accessible home renovations
- Handicap-accessible vehicles
- Missed time from work to care for the child
- Hiring daily care-takers
- Physical, vocational, speech, and other therapies
- Adaptive equipment (e.g. prosthetic devices, braces, wheelchairs, etc.)
It’s not hard to see how these expenses can add up and become unmanageable for most families. When a medical professional is liable for a birth injury, it’s important that the family does not have to bear this financial burden on their own. This is where medical malpractice lawsuits become a viable option.
When Can You Sue For A Birth Injury In Colorado?
In order to file a medical malpractice claim for a birth injury in Colorado, you must prove that your healthcare provider was medically negligent. This applies to any situation where the healthcare provider failed to act within his field’s standard of care. Basically, if another responsible doctor would have acted in a different way which could have prevented your injury, your healthcare provider can be held liable for causing your injury.
Examples of medical negligence that can lead to a birth injury include:
When your family has been affected by a birth injury, it’s normal to ask how the injury could have been prevented. An experienced birth injury lawyer who has contacts in the medical field can help you find answers.
Colorado State Laws For Medical Malpractice Cases
In every state, there are laws where specifically apply to medical malpractice cases. While it’s good to have a rough ideas of how these laws may apply to your case, it’s best to consult with an experienced Colorado birth injury lawyer to fully understand your legal options.
Statute of Limitations
Each state has their own time limit for filing a medical malpractice claim, known as the statute of limitations. The time limit begins from the date of the injury or the discovery of the injury. The statute of limitations in Colorado is generally two years, but birth injury cases are more complex because they involve minors.
Because these cases are time-sensitive, you should speak with a lawyer as soon as possible following the discovery of your child’s injury. Acting quickly is the best way to make sure the legal process goes as smoothly as possible for your family.
How Much Compensation Can I Get?
Colorado medical malpractice laws set a maximum limit on the amount of damages an injury victim can recover. Non-economic damages (like pain and suffering, physical impairment, disfigurement, etc.) have a $300,000 cap, while total damages are capped at $1 million.
Determining how much your lawsuit may be worth requires a detailed case evaluation by both an experienced lawyer and a medical expert in your doctor’s field.
How A Lawyer Can Help
Medical malpractice cases are some of the most complex forms of personal injury claims. It’s important to have medical evidence to back up your claim, which usually involves the testimony of experienced medical professionals who are in the same field as your healthcare provider. Additionally, the healthcare provider you’re suing will be represented by a powerful insurance company, who in turn will be represented by a team of experienced malpractice defense lawyers.
It’s virtually impossible to meet the legal requirements of a birth injury malpractice claim or win in court without the assistance of an experienced Colorado birth injury lawyer. Our lawyers work on a contingency fee basis, which means you don’t have to worry about fees unless you win in court. To find out more about your options in a free consultation, contact one of our birth injury lawyers today.