Denver Birth Injury Attorneys
Demanding Justice for Children Harmed by Birth Injuries in Denver, CO
Babies are absolutely helpless, and we rely on delivery room doctors and nurses to know what to do and to act immediately to protect the baby and mother if there is a risk during birth. But a surprising number of mistakes and miscommunications are made in delivery rooms every day, even in the United States. If your child was seriously hurt during the birth process, we may be able to help.
At Leventhal Puga Braley P.C., several of our top trial lawyers—including firm partner Jim Puga—focus on helping children and families affected by preventable birth injuries. We charge absolutely no upfront fees to talk to you and review your medical records, and if we take your case, we charge nothing unless we get you a settlement or jury verdict. To speak to an award-winning birth injury attorney, please call us at (303) 759-9945 today.
What Is a Birth Injury?
Any injury to a newborn baby that is inflicted during the birthing process is considered a birth injury. Technically, birth trauma refers to an injury (such as a broken collarbone) brought about by mechanical forces, while birth injury could mean trauma or system-wide damage, such as cerebral palsy. The severity of the injuries can vary, from broken bones that may heal with proper medical care to brain damage that will impact the child for the rest of their life. Sadly, doctors and nurses don’t always do their jobs, and they make poor decisions or fail to act in time. If that happens, children can suffer lifelong injuries.
How Birth Injuries Happen
The exact cause of your birth injury will depend on what kind of birth injury it is. Brain damage, such as hypoxic-ischemic encephalopathy, for example, is caused when there is inadequate blood flow and oxygen deprivation. We at Leventhal Puga Braley P.C. have seen many clients whose children suffered birth injuries, and, in our experience, you can almost always trace it back to negligence.
When a healthcare provider is negligent and your child is harmed as a result, that’s when a birth injury claim comes in. The doctors and nurses who treat your child have a duty of care to both of you: to perform their duties at a professional level without causing undue harm. When they breach this duty of care, whether it is deliberate or not, you are entitled to proper compensation.
For example, if a baby is stuck in the birth canal and the doctor reaches in and pulls hard on the baby’s head to try further delivery instead of using positioning maneuvers to open up the birth canal, that baby may suffer torn nerves in the neck and shoulder, potentially leading to lifelong paralysis. This doctor acted in a way that no reasonable doctor would have, and this negligence caused severe injury.
If you think a medical professional caused or contributed to your child’s injury, please contact our birth injury lawyers immediately. Each state has laws called statutes of limitations that limit the amount of time you have to file a claim. The sooner we can review your case and investigate, the better.
What Are Serious Birth Injuries?
Birth injuries are often caused by medical malpractice that results when a doctor or another medical professional performs an act of negligence that deviates from the standards of their profession. Hospitals can also be held liable for medical malpractice when they hire unqualified personnel or fail to provide safeguards designed to prevent medical errors.
Many children who suffer birth injuries experience physical and cognitive disabilities. Their families are faced with the cost of lifelong medical treatment and in-home care. This creates astronomical medical bills and other hardships. At Leventhal Puga Braley P.C., we don’t believe you should be required to pay for mistakes made by doctors and nurses.
Examples of serious birth injury malpractice cases handled by our firm include:
- Cerebral palsy is a neurological disorder that impacts motor function, making it difficult or impossible for the child to walk. Children with cerebral palsy often experience learning disabilities and physical ailments that include difficulty eating and swallowing, reduced muscle control, and speech impairment.
- Hypoxic-ischemic encephalopathy (HIE) is brain damage that results from a lack of oxygen during childbirth. HIE is caused by birth delays, insufficient monitoring of the child’s vital sign during labor, and failure to order a timely C-section when there are signs of fetal distress. HIE leads to symptoms that include lethargy, muscle weakness, seizures, and coma.
- Fractures of the clavicle are caused by mishandling the baby during the birthing process. This may cause swelling, a bump on the shoulder, and pain when the child moves their shoulder. Skull fractures, often caused by misuse of forceps, may lead to permanent brain damage, developmental delays, and behavioral problems.
- Brachial plexus injury is almost always the result of a mishandled delivery by the OB/GYN. This happens when the delivering physician pulls or twists the baby’s head or neck using excessive force while removing the child from the birth canal.
- Spinal cord injury results from birth trauma caused by hyperextension of the neck. Nerve damage in the neck, back, and upper chest may lead to a lack of mobility, paralysis, and body system failure.
- Facial paralysis is caused when the cranial nerve is damaged during birth due to misuse of the forceps. The condition can be corrected on its own, or it may be permanent.
- Cephalohematoma is when blood collects in the area between the baby’s scalp and head. It results from prolonged labor and misuse of birthing tools. The condition causes infection, jaundice, and anemia.
Finding the Right Birth Injury Lawyer in Colorado
Our Denver personal injury attorneys at Leventhal Puga Braley P.C. have handled many complex birth injury lawsuits. We have strong backgrounds in medicine and the law, and we’ve seen every excuse in the book. There are known risk factors that make birth injuries much more likely, but doctors must still meet the standard of care when dealing with factors such as:
- High-risk delivery
- Prolonged labor
- Shoulder dystocia
- Use of forceps or vacuum extraction
- Use of Pitocin or Cytotec
Doctors and nurses alike should always be conscious of these risks and work to ensure that the mother and baby are both safe and healthy. Sadly, some medical professionals don’t take the risks seriously enough, whether it be because of their biases, their lack of knowledge or training, or they simply feel they are above proper steps and precautions. Whatever proves to be the case, it is unquestionable that their negligence will have a serious impact on your child’s life.
Common Birth Injury Symptoms
You may notice the following signs of birth injuries as your child grows and develops:
- Difficulty eating
- Difficulty walking, standing, or crawling
- Lack of muscle tone
- Jerky movements
- Chronic pain
- Excessive crying
- Lack of bladder control
- Memory issues
- Sensitivity to light or sound
- Unusual eye movements
- A limp arm
- Muscle weakness
- Breathing problems
- Cognitive issues
- Memory problem
- Failure to respond to people
- Speech problems
- Drooling
- Seizures
- Delayed development milestones
The Lasting Impact of Birth Injuries
The impact of your child’s birth injury will depend on the kind of birth injury they are suffering from. A broken collarbone will likely heal before it can have an overly detrimental impact on your child’s development. However, something like brain damage or partial paralysis will have an incredible impact on your child’s ability to grow, function, and develop alongside their peers. If your child suffers an injury that lasts a lifetime, that means they will have to grow with that injury. Babies need constant exercise to build and grow their muscles. If a child is unable to move part of their body due to paralysis, it could lead to the body part’s growth becoming stunted.
On top of that, a serious birth injury could impact your child’s ability to develop socially. Children need to be able to play and interact with their peers. However, if a child is unable to run around and play, then they could become stunted socially. This may lead to issues on all levels of their life, including at school, their personal lives, and their careers. Ultimately, it is important to keep in mind that your child’s birth injury could cause them to live a difficult life physically, cognitively, and socially.
Building a Strong Medical Malpractice Case
If you suspect your child is suffering from birth injuries, contact Leventhal Puga Braley P.C. right away. We’ll conduct a thorough investigation by collecting and reviewing the following types of evidence:
- Medical records
- Witnesses interviews
- Expert testimony
- Internal hospital documents
- Staff employment records
- Hospital policies and procedures
The Importance of Filing a Claim
The biggest reason you should file a claim against the party responsible for your child’s birth injury is your child’s welfare. Birth injuries aren’t just detrimental to your child’s health; they are also costly. Your child may need specialized machines, therapies, and medication for the rest of their life in order to stay healthy and functional. That can cost hundreds of thousands, if not millions, of dollars, as these costs build up year after year. By filing a claim and getting the compensation you need from the responsible party, you can help mitigate that cost, allowing you to invest in better machines and therapies and give your child the chance they need to grow and develop properly. Never let anyone talk you out of a claim if your child’s health and development may be on the line.
Damages Available in Birth Injury Cases
There are three types of damages awarded in medical malpractice lawsuits: economic damages, non-economic damages, and punitive damages. Economic damages include monetary losses such as the cost of medical devices and in-home care.
Non-economic damages refer to compensation for subjective losses that don’t have a precise monetary value, such as emotional suffering and loss of companionship.
Punitive damages are damages awarded as punishment. In Colorado, punitive damages may be available in cases where the defendant engages in fraud or acts with malice or reckless disregard for the health and safety of others.
When our investigation is complete, Leventhal Puga Braley P.C. will discuss the possibility of filing a claim or a lawsuit against anyone whose negligent behavior harmed your child. Damages may include:
Choose the Birth Injury Attorneys You Deserve
Children deserve the best life we can give them. At Leventhal Puga Braley P.C., we’re not just attorneys; we’re also parents. That’s why we dedicate so much of our practice to righting the wrongs done to children at birth. Attorneys Jim Leventhal, Bruce Braley, and Molly Greenblatt are members of The Birth Trauma Litigation Group of the American Association for Justice. Jim Puga has a specific emphasis on representing children who suffer serious injuries during birth, including cerebral palsy. Jim is also a past co-chair of the Birth Trauma Litigation Group and currently serves on its Board of Directors.
We pride ourselves on our approach to difficult cases. With a unique blend of compassion, professionalism, and innovative thinking, Leventhal Puga Braley P.C. has been able to settle many claims successfully for past clients. If you need help with your child’s birth injury, call us at (303) 759-9945 for a no-cost initial consultation. Our clients come first.
Additional Information
- Obvious Signs of Birth Injuries To Look Out For
- Is Kernicterus a Sign of Birth Injuries?
- Signs of Developmental Delays Caused by Birth Malpractice
- Causes and Effects of Infant Cortical Blindness or Impaired Vison
- Childbirth Problems - MedlinePlus
- What Are Some Common Complications During Labor and Delivery?
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