Birth Injury Lawsuits in Colorado

An overview of birth-related medical malpractice cases

The National Vital Statistics Report defines a birth injury as “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth.”

To put it more simply, a birth injury is an injury to a baby that occurs during the process of labor and delivery.

Though not all birth injuries are preventable, legal remedies may be available to help you cover the cost of injuries caused by the carelessness of a healthcare professional.

What are some of the most common birth injuries?

Birth injuries range from minor injuries that heal quickly without any intervention to severe injuries that require intensive care for the rest of the child’s life.

Let’s take a look at some of the most common birth injuries:

• Brachial plexus injuries. The brachial plexus is a network of nerves that send signals from your spinal cord to your shoulders, arms, and hands. An injury to these nerves generally occurs when the nerves are stretched, compressed, or torn from the spinal cord.
• Caput succedaneum. This condition describes a swelling of the soft tissues of the baby’s scalp that develops when the baby travels through the birth canal. The swelling usually disappears in a few days without problems. Babies delivered by vacuum extraction are more likely to develop caput succedaneum.
• Cephalhematoma. This condition is a collection of blood that appears several hours after birth as a raised lump on the baby’s head. Over time, the body simply absorbs the blood. However, if the area of bleeding is large, babies may develop jaundice as the red blood cells break down.
• Cerebral palsy. CP is the abnormal development of the brain or damage to the developing brain that affects a child’s ability to control his or her muscles. Cerebral palsy can be caused by a lack of oxygen to the brain.
• Facial paralysis. Pressure on the baby’s face may cause the facial nerve to be injured. As a result, the baby’s face may become paralyzed. Depending on the intensity of the pressure, the paralysis may improve in a few weeks.
• Fractures. Fractures of the clavicle and collarbone are particularly common during labor and delivery. The fractures are generally the result when there’s difficulty delivering the baby’s shoulder or during a breech delivery. 
• Spinal cord injuries. Injuries to the spinal cord during birth are usually the result of force being applied by the doctor’s hands, forceps, or a vacuum while delivering the baby.

What damages are available in a Colorado birth injury case?

Most birth injuries are minor and require minimal medical treatment. However, serious birth injuries can require expensive and often lifelong treatment.

Fortunately, Colorado allows parents of injured children to recover economic damages (monetary losses) and non-economic damages (non-monetary losses) on their behalf:

Although Colorado allows recovery of both economic and non-economic damages, the state limits (or “caps“) the amount of damages you can recover in a medical malpractice lawsuit.

In order to recover any amount above $1 million, the plaintiff will need to prove to the court that the million dollar cap would be unfair under the circumstances.

How long do I have to file a birth injury claim?

Every state has a “statute of limitations” that limits the amount of time you have to file a lawsuit. If you fail to file the lawsuit within the statute of limitations, the lawsuit is dismissed and you’re permanently barred from filing it.

In most medical malpractice cases, the plaintiff has 2 years to file a lawsuit. However, any lawsuit brought on behalf of a minor under the age of 6 at the time of the malpractice must be filed before the child turns 8 years old.