Recognizing Newborn Spinal Cord Injuries: When to Seek Legal Help
At Leventhal Puga Braley P.C., we’ve built our reputation by holding hospitals and medical providers accountable when they cause preventable harm. We’ve helped parents across the country pursue justice after birth injuries changed the trajectory of their child’s life.
What Is a Spinal Cord Injury in a Newborn?
The spinal cord is a bundle of nerves protected by the vertebrae that carries messages between the brain and the rest of the body. Any damage to this structure can have lifelong consequences. In newborns, spinal cord injuries can range from nerve damage to complete paralysis.
Infant spinal cord injuries are generally categorized as:
- Incomplete: Some signals can still pass through the damaged area.
- Complete: All communication below the site of the injury is disrupted, often leading to total paralysis.
How Do Spinal Cord Injuries Happen During Childbirth?
Many spinal cord injuries are the result of excessive force or improper handling during labor and delivery. Some of the most frequent causes include:
- Improper use of forceps or vacuum extractors
- Excessive traction during breech deliveries
- Failure to perform a timely C-section in high-risk deliveries
- Twisting or hyperextension of the baby’s neck during delivery
- Undiagnosed or mismanaged cephalopelvic disproportion (the baby is too large for the birth canal)
Recognizing the Signs of Spinal Cord Injuries in a Newborn
Because newborns cannot communicate discomfort, parents and physicians must rely on physical signs and developmental delays to identify spinal cord injuries. Some early symptoms include:
- Weak or absent reflexes
- Floppiness or unusual stiffness
- Breathing difficulties
- Lack of movement in limbs
- Unusual crying when handled
Later in infancy, a spinal cord injury may become more apparent as developmental milestones are missed, such as lifting the head, rolling over, or reaching for objects.
If your child is displaying any of these symptoms, seek an immediate medical evaluation and request neurological imaging to assess for possible spinal cord damage.
When Is a Spinal Cord Injury Grounds for a Medical Malpractice Claim?
To pursue a successful claim, a family must establish:
- A breach of the standard of care: The medical provider acted negligently or failed to follow accepted protocols of a spinal cord injury.
- Causation: That breach causes the spinal cord injury.
- Damages: The child and family have suffered as a result of a birth injury.
The Denver Birth Injury Lawyers at Leventhal Puga Braley P.C. work with leading medical experts, pediatric neurologists, and economists to build strong cases that demonstrate this three-part test. Our legal team has secured life-changing results for families across the U.S., including a $17.8 million jury verdict for a child in Colorado who suffered brain damage at birth.
Damages Available in Birth Injury Cases Involving Infant Spinal Cord Injuries
When a newborn suffers a spinal cord injury during childbirth due to a breach of the standard of care, the resulting damages are often substantial and long-lasting. Leventhal Puga Braley P.C. works with life care planners, economists, and pediatric specialists to calculate the full value of these damages. This may include:
- Medical expenses, including hospitalization, surgeries, medication, and ongoing therapies such as physical, occupational, or respiratory therapy.
- Costs for in-home care, which can be necessary for children who require around-the-clock assistance due to paralysis or severe mobility impairments.
- Specialized equipment and home modifications, including wheelchairs, lifts, and accessible transportation or living spaces.
- Loss of future earning capacity, which reflects the child’s reduced ability to achieve gainful employment as an adult.
- Pain and suffering, to account for the physical discomfort and emotional distress experienced by the child and their family.
- Emotional anguish and loss of quality of life, particularly when a child faces lifelong challenges as a result of their injury.
Reasons to See a Lawyer Right Away
In Colorado, the statute of limitations for medical malpractice claims involving minors depends on certain factors. To learn more, speak with one of our attorneys at Leventhal Puga Braley P.C. by calling (303) 759-9945, or you can reach us toll-free at (877) 433-3906.
There are additional exceptions and shortened timelines for claims involving government-run hospitals, which may fall under the Colorado Governmental Immunity Act (CGIA).
Early consultation with an experienced birth injury attorney ensures deadlines are not missed. It also allows your attorney to:
- Secure medical records before they are lost or altered.
- Interview staff while memories are still fresh.
- Engage qualified expert witnesses to review the care provided.
Holding Hospitals Accountable
Hospitals and their insurers often try to deflect responsibility, claiming that injuries were “unavoidable” or due to a rare complication. That’s where expert testimony becomes so important.
Our attorneys present juries with testimony from highly respected professionals who can explain:
- What the standard of care required at each stage of labor and delivery.
- How and when that standard was breached.
- The direct impact of those decisions on the child’s injury and prognosis.
How We Can Help
Leventhal Puga Braley P.C. is nationally recognized for our success in birth injury medical malpractice cases. We have decades of trial experience and some of the highest jury verdicts in Colorado history.
Hiring a Colorado spinal cord birth injury attorney is about achieving justice and accountability while planning for your child’s future. Because spinal cord injuries often result in permanent disabilities, any financial recovery must reflect a lifetime of medical needs and accommodations.
The journey ahead may involve surgeries, physical therapy, and adapting your home to meet your child’s needs. These challenges can be emotionally and financially overwhelming, and that’s why we’re here to help.
Speak With a Trusted Birth Injury Lawyer in Denver
If your child was harmed by medical malpractice, you deserve answers and you deserve justice. There is no charge for an initial consultation, and we only take cases we believe we can win.
Contact Leventhal Puga Braley P.C. at (303) 759-9945 or toll-free at (877) 433-3906 to find out how we can help.