Medical technology has come a long way in the past 100 years, but it’s still not perfect. Even though childbirth is much safer now, every year hundreds of Colorado families are affected by birth injuries. Some of these injuries cannot be prevented, but many only occur because of medical mistakes. When this happens, it’s important for families to consider filing a malpractice lawsuit.
- Our lawyers focus on birth injury malpractice cases.
- We understand Colorado’s unique medical malpractice laws.
- We help families get the financial support they need.
If a medical professional is responsible for your child’s birth injury, we can help you get the compensation you deserve.
Our birth injury team understands how to build a lawsuit and negotiate with insurance providers. We’ll help you get the full compensation your family is entitled to.
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While birth injuries may be more rare than they used to be, the consequences are still serious. Most families are not financially prepared for the costs of raising a child with a serious health problem caused by a birth injury.
How Many Children Suffer Birth Injuries In Colorado?
About 7 in every 1,000 US-born infants suffer serious birth injuries. If we apply this injury rate to Colorado’s population, that means that each year approximately 466 families are affected by birth injuries throughout Denver, Colorado Springs, Aurora, and the rest of the state.
If your family is in this situation, it’s easy to be stressed out. However, with the right support system, there’s no reason to despair. Your child can still live a happy and comfortable life, as long as your family has the resources you need. While most families can’t provide this support on their own, a medical malpractice lawsuit can provide relief when a medical professional’s negligence causes a birth injury.
The Lifetime Costs Of A Birth Injury
Some birth injuries are treatable and only require a short period of therapy. 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 or her field’s standard of care.
In essence, 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.
What Does Malpractice Look Like?
Examples of medical negligence that can lead to a birth injury include:
- Improper use of forceps and vacuum extractors
- Failing to order a medically necessary c-section or ordering one too late
- Failing to identify a treatable health condition in the mother or developing child
- Prescribing medication with harmful side effects
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 that apply specifically to medical malpractice cases. While it’s good to have a rough idea 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’s connection to potential malpractice.
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.