Colorado Springs Birth Injury Attorney

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What Is A Birth Injury?

A birth injury is an injury to a newborn or mother occurring during labor and delivery or shortly thereafter. Typically, birth injuries have negative effects on infants’ basic bodily functions and physical structure. 

Common Birth Injuries

Some of the common birth injuries our team sees while fighting for clients include:

  • Brachial palsy: Involves injuries to the nerves in a newborn’s arms and hands
  • Bruising: Results from too much pressure from forceps or vacuums
  • Cephalohematoma: Involves bleeding between the baby’s skull and periosteum
  • Cerebral palsy: Affects motor skills and cognition due to brain damage
  • Bone fracture: Typically impacts the clavicle
  • Tool injuries: Caused by forceps and vacuums
  • Spinal cord injuries: Caused by trauma and damage to the nerves in the brain or along the spinal column

Mothers may also suffer injury during birth. Among the most dangerous occurrences are preeclampsia, which is a type of high blood pressure, and blood clots, which can lead to death. Traumatic labor is also possible.

Treatment For Birth Injuries

Treating birth injuries can be costly and painful. Of course, the precise treatment or treatments involved in a birth injury depend on the nature of the injury. Injuries affecting major systems or body parts typically require far more extensive treatments than less harmful birth injuries.

In some birth injury cases, the baby becomes permanently injured, which results in a lifelong need for care and treatment. For example, oxygen deprivation during labor — referred to as birth asphyxia — can result in lifelong injuries that require special care and treatment for the child in the long term. 

What Is A Birth Injury Attorney?

A birth injury attorney is a professional advocate who fights to recover compensation for injured children and their parents. Birth injury attorneys are licensed by the state and have law degrees, which allow them to represent clients in need of justice. 

Their training, skill, and experience allow them to properly evaluate birth injury claims for their worth. They know when insurance companies are seeking to pay less than they should and fight to get more when appropriate. 

Do I Need A Birth Injury Lawyer?

If a healthcare professional or institution has harmed you or your child, it’s vital that you meet with an experienced birth injury lawyer for a case review. You and your child have powerful patient and personal injury rights that could lead to significant compensation.

Healthcare professionals are required to provide you and your child with proper care. However, they are under no obligation to help you get compensated for your losses. In fact, they will likely hire an attorney to vigorously fight against birth injury claims levied against them. You deserve to be on equal footing with those who harmed you.

When Should I Hire A Colorado Springs Birth Injury Attorney?

You should always seek legal counsel when you suspect a medical professional has caused your child harm during childbirth. Medical professionals and institutions seek legal counsel to protect themselves against malpractice claims. Hence, if you believe your child’s injury was due to malpractice, it is worth it to attend a free consultation with an experienced medical malpractice lawyer. 

An attorney can give you a preliminary case evaluation and inform you whether you have a valid case against your doctor. If you do have a case, your attorney can pursue valuable damages on your behalf, which can cover losses such as:

  • Medical and hospital bills
  • Transportation and other expenses
  • Childcare costs
  • Lost income
  • Pain and suffering
  • Trauma

Without a lawyer, you may receive much less compensation. Medical malpractice insurance companies know how to convince unrepresented clients to accept quick, lowball settlements far below what they deserve. Before you know it, you might find yourself signing a check that is less than half of what you are entitled to.

However, with an attorney representing you, your chances of leaving compensation behind fall significantly. Your lawyer will know what you are owed and will not settle for less. 

Keep in mind that there is a statute of limitations for birth injury claims in Colorado. Birth injury victims have a total of two years from the date of the injury to take legal action for compensation. 

It’s important to note that some birth injuries may not become apparent for months or years after they are sustained. In these cases, the statute of limitations is typically tolled from the date of the discovery of the injury. In every case, swift action is required to beat the clock and preserve your case. 

Things To Consider When Choosing A Birth Injury Attorney

In the event of a birth injury, you need the right attorney working for you and your child. Some of the factors to consider when making your choice include:

  • Experience: You need an attorney who has successfully recovered compensation in birth injury cases
  • Firm size: Firm size may be an indicator of the amount of resources and personalized attention a law firm has at its disposal to devote to your case
  • Location: Colorado Springs attorneys may be in a better position to represent Colorado Springs clients due to their knowledge and familiarity with local issues
  • Your comfort: You must feel comfortable enough with your lawyer to relate the most intimate details of your case, as leaving things out can harm your case 

Our team of compassionate Colorado Springs birth injury lawyers can serve as your dedicated advocates every step of the way, and we prioritize open communication with our clients.

How Your Birth Injury Attorney Can Help

There is a lot involved with a birth injury lawsuit. Fortunately, birth injury lawyers handle every aspect of clients’ claims, including:

  • Incident investigations
  • Consultations with expert medical witnesses
  • Acquiring the necessary certificate of merit for medical malpractice cases
  • Identifying and calculating every compensable damage available
  • Fiercely negotiating for a proper settlement
  • Fighting for you at trial when necessary

At Bachus & Schanker, we are committed to obtaining justice and providing support for the injured. Our founder, Kyle Bachus, personally understands injury and loss caused by negligence and devotes his efforts to obtaining justice for clients. 

We don’t let insurance companies and medical professionals get away with paltry payouts — only proper compensation will do for our clients. Trust us with your case today.


Birth asphyxia.

Birth injuries.

Birth injury.

You Deserve Fair Compensation

Don’t let the insurance companies intimidate you into accepting less than you deserve. We’re ready to fight for you.

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Written and Legally Reviewed By: Kyle Bachus

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Kyle is a member of the Colorado and Florida Bar associations and has served on the Board of Directors of the Colorado Trial Lawyers Association for more than twenty years in total. Over the years, Kyle has achieved justice for many clients. He has served on numerous committees and repeatedly won recognition from his peers at both the state and national level. He is proud of the role he has played in the passage of state and national legislation to protect consumers and is a frequent speaker and guest lecturer.