$8M Verdict Shows Why Knowing Who’s Delivering Your Baby Matters
When you check into a hospital to give birth, you trust that the hospital and the professionals surrounding you are qualified, experienced, and will make decisions based on your and your baby’s best interests. But what happens when that trust is broken?
A recent $8 million verdict in a birth injury case that was successfully litigated by Leventhal Puga Braley P.C. highlights the devastating consequences of hospital negligence during delivery.
At Leventhal Puga Braley P.C., we handle cases involving birth injury and hospital negligence in Colorado. We believe hospitals have the duty to ensure they provide highly qualified and appropriately trained staff to its laboring mothers and their unborn children.
A Case That Should Have Been Preventable
As the recent case shows, when unqualified or underqualified individuals provide care and treatment during a high-risk vacuum-assisted delivery, the outcomes can be catastrophic.
An underexperienced, not recently trained nurse was given the responsibility by the hospital to attend, mentor, and provide nursing care in a high-risk labor. She was not prepared to handle this high-risk delivery and the hospital should have provided someone more qualified. As a result, the baby sustained a permanent brain injury. The parents sued, alleging failure to provide the appropriate personnel, delivery device misuse, failure to follow protocol, and inadequate supervision. The jury awarded $8 million—a verdict that was recently upheld on appeal.
This case raises an alarming question for all Colorado parents: Do you know who will actually be providing care during labor and delivery?
Understanding Vacuum-Assisted Deliveries
Vacuum-assisted delivery is a method used during the second stage of labor when pushing isn’t progressing adequately or if the baby shows signs of distress. A soft or rigid cup is placed on the baby’s head, and suction is applied to help guide the baby out during contractions. If excessive force is used or the vacuum is misapplied, it can result in serious injuries including:
- Intracranial hemorrhages
- Skull fractures
- Birth brain injuries
- Seizures
- Brachial plexus damage
In this Colorado case, the infant’s injuries were linked directly to the nurse’s improper use of the device, resulting in a significant and permanent disability.
The Importance of Following Hospital Protocols
Hospitals have strict rules about who can use delivery-assistance tools like vacuums and forceps. Typically, only licensed obstetricians are allowed to perform these procedures. Nurses play a role in monitoring, charting, and supporting, but they are not trained or authorized to perform vacuum deliveries.
Failure to enforce these rules is a form of hospital negligence. In legal terms, this constitutes a breach of the standard of care owed to the patient, and it opens the hospital to liability for any resulting harm.
Birth Injuries and Legal Accountability
Families affected by delivery mistakes may be eligible to file a birth brain injury lawsuit or pursue claims related to:
- Labor room nurse malpractice
- Improper supervision of medical staff
- Vacuum-assisted delivery error
- Neonatal malpractice in Colorado
Establishing liability typically involves showing that the hospital failed its own duties, failed to supervise properly, or permitted unqualified staff to perform advanced procedures.
Damages Available in a Birth Injury Lawsuit
If your child suffers a serious birth injury as a result of hospital negligence in Colorado, you may be entitled to compensation for:
- Past and future medical expenses
- Rehabilitative care and special education
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In cases involving severe lifelong disabilities, the lifetime cost of care can reach millions of dollars. An experienced lawyer can help calculate and pursue full compensation.
Time Limits for Filing a Claim in Colorado
Colorado has specific statutes of limitations for medical malpractice claims, including those involving birth injuries:
- Two years from the date of injury or from when the injury should have been discovered
- Three-year maximum from the date of the act, regardless of discovery
Exceptions exist for minors, especially infants, allowing additional time to file a claim. The sooner you consult a legal team, the stronger your case may be.
How Leventhal Puga Braley P.C. Can Help
At Leventhal Puga Braley P.C., we’re proud to be one of the nation’s premier law firms focusing on medical malpractice and birth injury. Our legal team has successfully handled numerous cases involving:
- Improperly supervised deliveries
- Delivery device misuse
- Neonatal malpractice in CO
- OB/GYN and nursing errors
Founding attorney Jim Leventhal is a member of the prestigious Inner Circle of Advocates, and Jim Puga has secured some of Colorado’s largest birth injury verdicts. We know how hospitals operate, and we know how to hold them accountable.
Talk to an Experienced Colorado Birth Injury Attorney Today
If your child suffered a serious injury during delivery and you suspect medical malpractice, our Denver birth injury attorneys want to hear about it. You deserve answers, accountability, and a legal team that will fight for justice.
We represent families throughout Colorado and nationwide in complex birth injury and medical negligence cases. Let us help you get the resources your child needs and the justice your family deserves.
Call a Denver medical malpractice attorney at Leventhal Puga Braley P.C. at (303) 759-9945 or toll-free at (877) 433-3906 for a no-charge initial consultation.