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Colorado Birth Injury Lawyer

Birth Injury Attorney in Colorado

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Birth Injury Attorney in Colorado

A severe birth injury can affect your child for the rest of his or her life, necessitating the use of a wheelchair or even requiring around-the-clock care. While most birth injuries are no one’s fault, if your baby’s birth injury occurred due to the careless actions of a medical provider, you may be eligible to file a claim for compensation. A Colorado birth injury lawyer can help you with every aspect of your claim.

How can a medical provider cause a birth injury?

Birth injuries can occur before, during, or after birth. They happen in a number of ways, and affect every child differently. It is important to note, again, that many birth injuries are not the result of medical malpractice; however, a medical provider can cause a birth injury by:

  • Not monitoring the baby’s oxygen levels (could lead to cerebral palsy)
  • Exerting too much force after the baby lodges behind the mother’s pubic bone (can cause brachial plexus injuries)
  • Incorrectly using forceps or vacuum extractors (can cause skull fractures, hemorrhages, cerebral palsy, etc.)
  • Not monitoring conditions during pregnancy, such as preeclampsia (can cause placental abruption) or gestational diabetes (can cause jaundice)

What do I need in order to file a birth injury claim in Colorado?

To have a valid birth injury claim, you must prove that the injury was the result of the medical provider’s negligent actions. This requires proving four essential elements:

  • The doctor owed you a specific standard of care (i.e., the industry-specific required attention providers must give their patients) due to your relationship.
  • The doctor failed to meet this standard of care.
  • This failure caused injuries to your child.
  • You suffered actual financial damages due to this injury.

What is the role of expert witnesses in these cases?

Expert medical witnesses, i.e., qualified medical professionals who practice in the same industry as the defendant, play a crucial role in most medical malpractice cases, including birth injury cases. These doctors review the facts of your claim, explain the acceptable standard of care, and show how the medical provider violated that standard.

Under Colorado law, you must file a certificate of review within two months of filing a claim or lawsuit. This certificate of review states that the expert witness reviewed the case and that he or she believes you have justification to file such a suit.

What is the statute of limitations in a birth injury case?

In most medical malpractice cases, Colorado offers victims two years to file a lawsuit against the responsible parties. When the victim is an infant or other child under age six, parents have until the child’s eighth birthday to file.
What damages can I recover?

You can collect a wide variety of damages in a Colorado birth injury case. This includes compensation to cover:

  • Medical bills
  • Ongoing care costs
  • Necessary assistive devices
  • Necessary renovations to your home
  • Pain and suffering
  • Loss of enjoyment of life
  • Physical impairment
  • Disfigurement

It is important to note that Colorado Statute §13-64-302 caps total damages in this type of case to a maximum of $1 million. Noneconomic damages such as pain and suffering cannot top $300,000 in most cases.

How can a lawyer help me win compensation for my child’s injuries?

Your legal team will walk you through the process of filing a birth injury claim on behalf of your child, collect evidence to support your claim, and fight for fair compensation for your family.

A Colorado medical malpractice attorney is key in ensuring you get the maximum possible payout from your birth injury claim. This is important, since many children require lifelong therapy and ongoing care after a serious birth injury.

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