Medical Malpractice

Birth Injury

Trauma during the birthing process is a common cause of injury and even permanent disability in infants. Childbirth can be a difficult and confusing process for new parents, and, unfortunately, many patients are only marginally aware of what is happening during the delivery of their child.

In many cases, parents whose children have suffered from birth trauma have a difficult time piecing together the events that led to their child’s injury, and medical professionals may be of little help in this process.

TO UNDERSTAND THE PROBLEM BROADLY, THERE ARE TWO PRIMARY CAUSES OF BIRTH TRAUMA: MECHANICAL AND ANOXIC INJURIES.

Mechanical injuries are caused by physical force, as when a child is injured from use of forceps or pulling on a limb during the delivery.

Anoxic injuries are caused by oxygen deprivation, which can cause a variety of brain injuries including blindness, mental retardation, and other disabilities.

MECHANICAL INJURIES

Common types of mechanical injuries caused by birth trauma include:

  • Brachial Plexus Injury, an injury caused by tugging on the infant’s arm during delivery
  • Brain trauma, caused by forceps or other trauma to the infant’s head

Mechanical injuries may or may not be obvious early in infancy. In some cases, mechanical injury may be obvious, but others may only show up as the child begins to show developmental abnormalities.

It is important to note, however, that it is normal for infants delivered vaginally to show some degree of bruising, so not every bruise is an indication of malpractice. However, if your newborn infant has unexplained injuries, including unusual bruising or abrasions, it may be a sign of birth trauma.

ANOXIC INJURIES

Depending on the type and severity of anoxic injury, it may be very difficult to diagnose during infancy and to effectively attribute to medical error. Anoxic injuries can be a result of oxygen deprivation caused by:
Drugs administered during childbirth
Physical obstructions such as an umbilical cord wrapped around the baby’s neck
Obstructions to breathing
Other causes

Common types of anoxic injury include:

OTHER/KERNICTERUS

In addition to mechanical and anoxic injuries, other complications such as brain damage resulting from kernicterus can occur due to medical negligence, resulting in tremendous emotional and physical hardships.

Burg Simpson’s Alan K. Simpson Urges Trump to Keep Campaign Promise

 March 23, 2017

Burg Simpson’s Alan K. Simpson Urges Trump to Keep Campaign Promise

One of President Trump’s newest proposed executive orders is meant to protect “religious liberty.” Instead, it has the potential to legalize the discrimination of gays, women, and other minorities. As such, Burg Simpson founding shareholder Alan Simpson urges the president to think twice before signing it, arguing that not only is the measure wildly unpopular… Read more »

Michael S. Burg Makes Case for Supreme Court Nominee

 March 23, 2017

Michael S. Burg Makes Case for Supreme Court Nominee

Supreme Court nominee Neil Gorsuch’s lengthy Senate confirmation hearing is expected to wrap up this week. President Trump nominated Gorsuch, a 10th Circuit Appellate judge, last month to fill the late Justice Scalia’s seat after his sudden death last year. The Colorado native has drawn strong Republican support but faces critical Democrats concerned about his… Read more »

Winners Awarded in Burg Simpson College Scholarship Competition

 March 15, 2017

Winners Awarded in Burg Simpson College Scholarship Competition

Denver, CO – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, announced the winners of its Fifth Annual College Scholarship Competition. Launched in 2012, the competition encourages seniors from across the state to write a 1,500-word essay about the importance of the civil jury system as the guardian of American… Read more »

5th Annual Jeremy Bitner 5K to support fallen officers

 March 7, 2017

5th Annual Jeremy Bitner 5K to support fallen officers

Denver, Colorado – On May 28th, 2012 Englewood Police Detective Jeremy Bitner lost his life after he was struck and killed by a vehicle while performing a traffic stop. The 8-year police veteran left behind his wife as well as a young son and daughter, and his absence was felt by other family members and… Read more »

Are Medical Malpractice Caps Costing Injured Colorado Residents?

 March 3, 2017

Are Medical Malpractice Caps Costing Injured Colorado Residents?

A recent article in the Legal Examiner, a legal periodical, asks provocative questions as to whether Colorado’s medical malpractice caps on non-economic damages are costing injured Colorado residents who have been the victims of medical malpractice.  The often-cited justification for caps on medical malpractice damages is to prevent the premiums for physicians’ medical malpractice liability… Read more »

Fatal Post-Surgical Heart Attacks and Malpractice

 March 16, 2016

Fatal Post-Surgical Heart Attacks and Malpractice

For most patients undergoing surgery, issues related to infections or anesthesia-related complications dominate their concerns about the procedure itself and their recovery period. Many people don’t know that heart attacks can pose a significant risk to recovery. Millions of victims worldwide suffering cardiac arrest after surgery each year. Frighteningly, 10% of these patients perish within… Read more »

Malpractice Victims Must Overcome ‘Culture of Secrecy’

 March 9, 2016

Malpractice Victims Must Overcome ‘Culture of Secrecy’

Regardless of the amount of faith many Americans want to place in their doctors, the fact remains that physicians are capable of mistakes. Some of these mistakes can unfortunately result in serious injuries and even death. While some of these mistakes are allegedly “unavoidable,” a news investigative report suggests that the damage caused by such… Read more »

 February 9, 2016

Survey Indicates Doctors Often Blame Victims for Malpractice Suits

In 1971, leading sociologist William Ryan published his landmark work, Blaming the Victim, in which he identified a phenomenon in which perpetrators of harm justify their actions by pointing the finger at their victims. While Ryan’s work focused on ethnic minorities and the attempts of his colleagues to pin the blame for their plight on… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 US News 2014 Plantiffs Top 25 Most Influential Lawyers