Denver Birth Injury Attorneys
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 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 or toll-free (877) 433-3906.
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.
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 child 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 to deliver her, instead of using positioning maneuvers to open up the birth canal, that baby may suffer torn nerves in her neck and shoulder, potentially leading to lifelong paralysis in her arm. Even though the doctor was trying to help, he acted in a way that no reasonable doctor would have, and his negligence caused the injury.
If you think a medical professional caused or contributed to your child’s injury, please contact us 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.
Not all birth injuries are a doctor’s fault. Some are fairly natural and will heal on their own. However, others cause lifelong disabilities - both physical and cognitive. Paying for those disabilities will be expensive, emotionally draining, and frustrating. We strongly believe you should not have to pay for the mistakes made by doctors or nurses. Some serious birth injuries that we’ve handled include:
- Cerebral Palsy
- Brachial Plexus Injury (Erb’s Palsy or Klumpke’s Palsy)
- Hypoxic-Ischemic Encephalopathy (Brain Damage)
- Spinal Cord Injury
- Facial Paralysis
- Cephalohematoma (Brain Bleeding)
Our Denver personal injury attorneys at Leventhal Puga Braley P.C. have handled many complex birth injury lawsuits. We have strong backgrounds in healthcare, medical training, and the law, and we’ve seen every excuse in the book. There are known risk factors that make birth injuries much more likely, and doctors have a duty to take extra caution when dealing with factors such as:
- High-Risk Delivery
- Prolonged Labor
- Shoulder Dystocia
- Use of Forceps or Vacuum Extraction
- Use of Pitocin or Cytotec
- Improper Monitoring of Fetal Heart Rate
- Delay in Ordering a C-Section
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 that they simply feel they are above proper steps and precautions. What ever proves to be the case, it is unquestionable that their negligence will have a serious impact on your child’s life.
The impact of your child’s birth injury will depend on the kind of birth injury they are suffering from. A broken collar bone 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.
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 his or her 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 as much compensation as possible 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.
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, resulting in 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, please call (303) 759-9945 or toll-free (877) 433-3906 for a free consultation. Our clients come first.
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