Who Can I Sue for a Birth Injury?

Bringing a birth injury lawsuit can be overwhelming on many levels, but understanding who may be held accountable for your distress is an integral step in pursuing justice.

We trust medical professionals to take good care of us and our loved ones—especially our children. When their negligence causes harm during childbirth, parents may have legal recourse to recover damages for their terrible losses. Establishing who is liable for your child’s injury is key to ensuring they are held responsible for the suffering your family is enduring.

A birth injury lawsuit may seem like an enormous undertaking at this delicate time—but there is help. If your child has suffered a birth injury, call Burg Simpson at 303-792-5595 to schedule a FREE and confidential case evaluation with one of our experienced Denver birth injury attorneys.

What Is a Birth Injury?

A birth injury includes any harm suffered by an infant during labor or delivery. These injuries sometimes result in minor, temporary conditions. However, they can also cause severe, lifelong disabilities. While some birth injuries are unavoidable, many occur due to medical negligence.

How Do Birth Injuries Happen?

There are a variety of circumstances that may lead to a difficult delivery and resulting injuries, including the size or position of the baby or a premature birth. However, when healthcare professionals fail to follow the expected standard of care, the risk of a birth injury increases.

Birth injuries can result from complications during labor, improper use of medical tools, or failure to monitor fetal distress. Errors such as delayed C-sections, excessive force, or medication errors can all contribute to preventable and tragic harm.

What Are Some Examples of Birth Injuries?

Common birth injuries include:

• Brachial Plexus Injuries: Nerve damage causing weakness or paralysis in the arm.
• Cerebral Palsy (CP): A neurological disorder caused by oxygen deprivation.
• Fractures: Often involving the collarbone due to difficult deliveries.
• Facial Paralysis: Caused by excessive pressure during birth.
• Hypoxic-Ischemic Encephalopathy (HIE): Brain damage due to oxygen deprivation.

Who Can I Sue If My Child Suffered a Birth Injury?

When a birth injury occurs due to negligence, there is outrage, heartache, and a need to hold the liable parties accountable for their actions. A birth injury lawsuit can seek justice for your child and your family. Potentially liable parties may include:

• Doctors or obstetricians, if they failed to provide proper care, misused delivery tools, or ignored fetal distress signs—among other negligent actions.
• Nurses and medical staff, if errors in monitoring, administering medication, or assisting in delivery were responsible for the injury.
• Hospitals and medical facilities, if inadequate training, understaffing, or faulty equipment contributed to the injury.
• Pharmaceutical companies, if defective drugs caused harm to the mother or baby during pregnancy or delivery.

Establishing who exactly is liable for the injury to your child requires investigation and medical expertise. These are tasks that a skilled birth injury lawyer can help you with.

What Is a Birth Injury Lawsuit?

A birth injury lawsuit is a legal action against those responsible for harm caused during childbirth. Its purpose is to secure compensation for financial losses, emotional distress, and the long-term impacts of your child’s injury, as well as to hold the negligent parties accountable for their devastating actions.

What Damages Can Be Sought in a Birth Injury Lawsuit?

Compensation that may be recovered in a birth injury lawsuit may include:

• Medical expenses (past, present, and future)
• Rehabilitation and therapy costs
• Medications
• Pain and suffering
• Lost wages of parents/guardians providing care
• Adaptive equipment and home modifications
• And more

How Long Do You Have to File a Birth Injury Lawsuit?

In Colorado, the statute of limitations for medical malpractice is generally 2 years from the date of discovery or, in the case of wrongful death, 2 years from the untimely passing of your dear child. However, claims involving minors may have extended deadlines. If a child is under 6 years old when the injury occurred, the claim may be filed up until the child’s 8th birthday.

Some birth injuries may not become apparent until your child is 1–2 years old. These statutes give families additional time to recognize the harm and seek justice. However, it is essential to act promptly once you suspect that negligence was involved and consult with a birth injury lawyer.

Do I Need a Birth Injury Attorney?

Birth injury lawsuits can involve medical and legal issues that are difficult to handle alone, especially without advanced knowledge and experience in these areas. A practiced lawyer can assess your case, involve experts, and build a strong legal argument to secure the maximum compensation for your child and your family.

Beyond handling the legal details, a dedicated birth injury lawyer can provide you with much-needed support. You can focus on your child’s well-being while your lawyer handles negotiations, legal filings, and proceedings. They can protect your family’s rights while pursuing the recovery needed to cover medical expenses, ongoing care, and the other challenges ahead.

Burg Simpson’s Denver Birth Injury Lawyers Can Help

At Burg Simpson, we have assisted many families devastated by a precious child’s birth injury. We understand the emotional and financial toll this takes and are committed to fighting for you, your child, and your family. Let us find out who is responsible for your baby’s injuries and make sure they are held accountable.

Contact us today to set up a FREE and confidential case evaluation. We can help you determine if you have a viable birth injury lawsuit, pursue the justice you deserve, and secure your child’s future.