Catastrophic Birth Injuries in Colorado

mother holding new born baby

Welcoming a child to the world is a joyous occasion. But when a catastrophic birth injury occurs, the child’s life will never be the same. It can impact the entire family in an instant.

The medical negligence lawyers of Bachus & Schanker, LLC Elite Litigation Group, represent the interests of children and their families in catastrophic birth injury cases. When you need answers and compensation, we are the trained birth injury attorneys who can help you every step of the way.

What Is a Catastrophic Birth Injury?

A catastrophic birth injury is an injury that occurs during the childbirth process resulting in a permanent disability, disfigurement, deformity, or scarring. It is a significant injury that is expected to impact the quality of a child’s life.

Which Factors Predispose An Infant to Birth Injuries?

Birth injuries occur in about one out of every 100 births. There are risk factors that may predispose an infant to birth injuries. 

1. Abnormal Presentation

If a baby has not moved into the head first position and is breach or presenting face first, this could raise the risk of a birth injury. Additionally, if the umbilical cord is in an unusual position, this could also cause complications during birth.

2. Size of the Baby

If the baby is too large to fit through the mother’s birth canal, the infant may get stuck during childbirth. It’s crucial for the size of the baby to be monitored throughout the pregnancy and a c-section may be recommended if there is a risk of the baby not fitting through the birth canal.

3. Gestational Diabetes

The increased amount of hormones in a woman’s body during pregnancy can interfere with the body’s ability to process insulin and cause diabetes during pregnancy. If properly diagnosed and treated early on, effective management is possible. If not, the possibility of a birth injury increases.

woman getting epidural

4. Epidural

The pain relief from an epidural works so well, that sometimes it can prolong the birth process or make the mother unaware of when to push the baby out. The prolonged birth may prompt doctors to use a vacuum or forceps to move the baby out, which also can increase the risk of birth injury.

5. Preeclampsia

Preeclampsia is a condition where the mother experiences high blood pressure toward the end of a pregnancy often due to abnormalities with the placenta. Preeclampsia carries the risk of oxygen deprivation or brain damage in the baby, often requiring an early delivery.

6. Infection

Certain infections experienced by the mother before or during birth can increase the risk of birth injury. Untreated infection can interfere with the birthing process or disrupt the baby’s oxygen supply, affect fetal membranes, or damage the placenta.

Can I Get Compensation for a Catastrophic Birth Injury?

When birth injuries result from medical malpractice, the child may receive compensation. Unfortunately, many birth injuries occur because of mistakes and inattention during labor and delivery. If the child suffers an injury due to medical care that fails to meet the acceptable standard, they may receive compensation.

Did your child suffer injuries during the childbirth process? Are you wondering if your child can receive compensation? Call or message our catastrophic birth injury lawyers in Colorado for a personalized review of your situation.

How is Compensation Calculated During Birth Injures?

The calculation of a birth injury depends on many factors including the type of injury and whether damage is permanent or temporary. Types of damages considered when creating a claim include: 

  • Economic damages
  • Non-economic damages
  • Wrongful death damages
  • Punitive damages

An experienced attorney can help with an accurate account for all costs involved in a certain birth injury.

mother holding premature baby's foot

What Physical Injuries Can Babies Suffer During Birth?

Some common birth injuries that occur as a result of a medical professional’s malpractice are:

Has your child been a victim of a catastrophic birth injury? We can help. Contact us today to immediately connect with our team and discuss your case.

How Do Catastrophic Birth Injuries Occur?

There are several factors that may contribute to a birth injury such as:

  • Oxygen deprivation
  • Poor monitoring of symptoms
  • Excessive pulling and twisting
  • Failing to address warnings and risk factors 

Other injuries related to pregnancy and childbirth are wrongful birth and wrongful pregnancy. These, too, may be compensated under Colorado law if resulting from medical malpractice. 

Our lawyers handle these types of cases as well as family-related employment discrimination claims. Whatever your circumstances, we invite you to contact our lawyers to see how we can help you.

client speaking with lawyer about case

Lawyers for Catastrophic Birth Injury in Colorado

At Bachus & Schanker, LLC, we are lawyers for catastrophic birth injuries in Colorado. A severe birth injury changes an entire family instantly – but you can get answers, hold the medical system accountable and receive the financial compensation you need and deserve. With that compensation, you can provide for the needs of your child, and the entire family can have financial security for the present and into the future.

Our lawyers know how important it is that your legal rights get represented and that your interests are aggressively pursued. We have the skill, experience, and dedication to fully protect your rights and fight for justice for your child. Learn more about how our lawyers for catastrophic birth injuries in Colorado can help by contacting our birth injury law firm and receiving a consultation about your case.

Why Choose our Lawyers for Your Catastrophic Birth Injury Claim?

Here are some reasons people choose our lawyers for catastrophic birth injury claims:

  • Experience. As an Elite Litigation Group dedicated to handling catastrophic claims, you can expect highly experienced and accomplished litigators to work on your case.
  • Resources. We have carefully secured the resources, professional network, and focus that it takes to get results in catastrophic claims.
  • Over $1 billion secured for our clients. While we can’t guarantee results in your case, we can promise to use the same skill and determination that others have relied on to get justice for their injuries and suffering.
  • Full knowledge of the amount that you can claim under the law. It’s important to us that your compensation truly represents your losses and what your child deserves based on Colorado law.
  • An understanding of particular issues that impact a claim involving an infant. We are aware of the long-term needs of your child, and we can help you understand the various ways you can structure and manage the funds for the benefit of your child.
  • Free consultations. Learn more about how we can help you and your child with no obligation and no upfront costs.
  • Contingency fees. You only pay when we win. There’s no risk to you as you pursue justice for your child.

Our lawyers help clients in Colorado and nationwide seek justice. We are highly experienced litigators, ready to do whatever may be necessary in your case. Most birth injury claims resolve in a fair settlement due to attention to detail and diligent pursuit of the case.

At your consultation, we will give you honest advice about your claim and the legal system’s process. Our medical malpractice lawsuit lawyers genuinely want to help your family following an unexpected and catastrophic birth injury. We invite you to contact us to learn more and get started today.

Does your child have birth injuries due to medical malpractice? You may be entitled to compensation. Contact us today for a free consultation.

Catastrophic Birth Injury FAQs

What Is the Statute of Limitations for a Colorado Birth Injury Claim?

The statute of limitations for an infant for a Colorado birth injury claim is eight years. The statute of limitations for a parent suffering an injury during childbirth is usually two years.

It’s always best to talk to a legal professional as soon as possible to start the process and receive the compensation you need. 

Do I Have a Case for a Catastrophic Birth Injury?

The primary question for whether you have a case for catastrophic birth injury is the reason for the birth injury. Doctors and other attendants during childbirth have the legal duty to deliver care up to reasonable standards. When they make errors or intentional decisions that fall short of this duty, the victim may claim compensation for their injuries. The claimant must follow a specific process, including filing a certificate of review and complaint documents.

What Are the Laws for Catastrophic Birth Injury in Colorado?

Colorado law recognizes catastrophic birth injury claims. The victim must prove their right to compensation based on prevailing medical malpractice standards. If they prove their case, they may receive generous compensation for the financial costs and suffering associated with the injury.

What Compensation Can My Child Expect for a Catastrophic Birth Injury?

Compensation for a catastrophic birth injury should cover the child’s future medical expenses and care needs. It should also reflect the child’s future suffering due to their injuries. Colorado law allows victims to claim full compensation for their injuries and losses up to the maximum amount imposed by law. 

What Birth Injuries Cause Cerebral Palsy?

Some incidents of cerebral palsy may be genetic while other cases are a result of a birth injury where the baby is deprived of oxygen. Oxygen deprivation can be the result of a prolonged birth, problems with the umbilical cord, infection during pregnancy, or preeclampsia.

Taking New Claims – Free Consultation

Getting justice for a catastrophic birth injury is so important. Let the Bachus & Schanker, LLC Elite Litigation Group handle the claims process for your child from start to finish. We prioritize efficient attorney-client relationships, and It’s our goal for your child to receive justice with our law firm’s comprehensive resources at your child’s disposal.

We’re taking new cases today. Contact us for your free and confidential consultation.


Intrauterine Fetal Demise. Cerebral Palsy Guide. 

CRS 13-80-102.5

CRS 13-20-602

CRS 13-64-302

Risk Factors for Birth Injuries. Birth Injures Help Center.