Infant Wrongful Death in Colorado: What Parents Need to Know
Few tragedies compare to the loss of a newborn. When infant wrongful death occurs, it’s often linked to medical malpractice or negligent care during delivery or afterward.
The Denver medical malpractice attorneys at Leventhal Puga Braley P.C. have represented families across Colorado in the aftermath of such devastating losses.
Infant Wrongful Death and Medical Negligence
Infant death may be traced back to preventable errors. There are a number of scenarios where hospitals, doctors, nurses, and other medical professionals may be liable.
Birth Injuries
Improper use of forceps or vacuum extractors, or excessive force used during delivery may cause severe trauma. Injuries to the brain, spine, or nerves can be fatal.
Oxygen Deprivation
Hypoxic-ischemic encephalopathy (HIE) occurs when a newborn’s brain is deprived of oxygen. Failure to monitor fetal distress or delays in responding to signs of oxygen loss can result in permanent brain damage or death.
Delayed C-Section
When complications arise during labor, doctors must act quickly. Delaying a C-section can mean the difference between life and death.
Negligent Neonatal Care
After birth, newborns require careful monitoring. Errors in diagnosing infections, administering medications, or maintaining safe environments in neonatal intensive care units (NICUs) can all result in preventable fatalities.
Parental Rights Under Colorado’s Wrongful Death Act
Colorado law recognizes the unique pain and injustice that accompanies the loss of a child. Under the Colorado Wrongful Death Act (C.R.S. § 13-21-201), parents have the right to seek justice if their newborn’s death was caused by negligence or misconduct.
Key provisions include:
- Who may file: If the infant dies, either or both parents may bring a claim. If the parents are divorced or separated, each still has standing to file.
- When a lawsuit may be filed: Colorado law generally allows parents to file a wrongful death action within two years of the date of death. Missing this deadline usually means losing the right to pursue damages.
- Claims against healthcare providers: These cases are brought under both wrongful death law and Colorado’s medical malpractice statutes, which impose additional requirements such as a certificate of review from a qualified medical expert.
What Types of Damages Can Be Recovered?
Colorado law allows families to seek a range of damages intended to address both the financial and emotional impact of the loss.
Economic Damages
- Medical Expenses: Costs related to labor, delivery, and neonatal care caused by negligence.
- Funeral and Burial Costs: Expenses associated with laying the infant to rest.
Non-Economic Damages
Grief and Emotional Suffering: Parents can recover compensation for the profound emotional toll of losing a child.
How Attorneys Investigate Medical Negligence
Leventhal Puga Braley P.C. can conduct a thorough investigation to reveal failures in monitoring, staffing, or decision-making that directly contributed to the child’s death. This careful process is meant to provide the necessary evidence to hold responsible parties accountable.
As part of our work, we:
- Review fetal monitoring strips and medical records
- Consult with top medical experts to evaluate whether standards of care were met
- Analyze hospital protocols and staff training
- Uncover patterns of negligence within facilities
Reasons to File an Infant Wrongful Death Claim
Accountability
Pursuing legal action is often the only way to force hospitals and providers to accept responsibility. Litigation brings transparency and prevents providers from dismissing your concerns.
Prevention
By filing a claim, parents can help prevent hospital negligence from harming other children. These cases will often force hospitals to make necessary changes in staffing policies, monitoring procedures, and staff training.
Financial Stability
Compensation for birth injury and wrongful death can ease the financial burdens that families face, such as medical bills, counseling costs, and time away from work.
How Leventhal Puga Braley P.C. Can Help
For over four decades, the attorneys at Leventhal Puga Braley P.C. have seen the devastation families endure after an infant’s death that occurs due to negligence.
Our firm is a national leader in catastrophic injury and malpractice litigation. We have achieved record-setting verdicts and settlements in birth injury and wrongful death cases, and we bring unmatched experience and resources to each client we serve.
Our attorneys are skilled in managing Colorado’s strict requirements for filing a medical malpractice lawsuit. We know how to build a compelling case, and we won’t back down from anybody when it comes to seeking justice for our clients.
Leventhal Puga Braley P.C. approaches every case with compassion. Families trust us because we combine fierce advocacy in the courtroom with deep respect for the sensitive nature of these cases.
Key Takeaways
- Infant wrongful death in Colorado can be caused by birth injuries, oxygen deprivation, delayed C-sections, or negligent neonatal care.
- Parents have the right to file claims within two years of the death.
- Investigating medical negligence is essential because hospitals often deny wrongdoing until confronted with evidence.
- Filing a lawsuit provides accountability, promotes prevention, and helps families achieve financial stability.
Speak With a Trusted Malpractice Attorney in Denver
If you are grieving the wrongful death of a newborn and you think your loss might have been caused by medical negligence, you deserve answers. The experienced litigators at Leventhal Puga Braley P.C. have an impressive track record. In fact, partner Jim Puga won one of the largest medical malpractice jury verdicts in Colorado history.
Call us at (303) 759-9945 in Colorado or (877) 433-3906 nationwide to schedule a consultation at no charge.
Let us help you hold negligent hospitals and health care providers accountable for your unimaginable loss.