Denver: Birth Injury Attorney

We trust medical professionals with our lives and the lives of those we love when we need medical care. When a person’s expecting, they’re counting on their labor and delivery team to do everything they can to deliver their newborn safely.

Unfortunately, birth injuries affect approximately 30,000 newborns annually in the United States. Parents may be left dealing with trauma and a newborn with long-term medical needs, which are costly and stressful. In many cases, medical malpractice is the root cause of the birth injury. When a newborn’s birth injury stems from medical malpractice, the parents can hire a birth injury attorney to fight for compensation for their infant’s birth injury. 
The team at Bachus & Schanker’s Denver office understands your trauma and grief while coping with a birth injury. That’s why we have a Victim Advocates team available to investigate cases, answer questions, and help clients find financial support and other essential resources needed while we seek a settlement. Our attorneys and Victim Advocates team will inform you about new developments and explain your options so you can make informed decisions while seeking justice for your family.

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What is a birth injury? 

A birth injury is an injury occurring during labor or delivery or after a newborn’s birth. Birth injuries affect bodily functions or the infant’s physical structure.

Common birth injuries

Common birth injuries include the following:

  • Brachial palsy: Brachial palsy occurs when there are injuries to the nerves in the newborn’s arms and hands
  • Brain damage: Brain damage occurs because of oxygen deprivation during birth
  • Bruising: Pressure during forceps delivery or vacuum extraction can cause bruises
  • Cephalohematoma: Cephalohematoma is the medical term for bleeding between an infant’s skull and periosteum, the technical term for the skin fibers covering bones
  • Cerebral palsy: Cerebral palsy includes multiple disorders. Birth injuries causing brain damage can cause the infant to suffer from cerebral palsy, which affects their cognitive functions and motor skills. 
  • Facial paralysis: A damaged facial nerve can cause facial paralysis. In some cases, excessive pressure during a forceps delivery causes facial paralysis. 
  • Forceps injuries: Excessive pressure or misplacement can cause several types of forceps injuries, including facial palsy, eye trauma, brain damage, and nerve damage
  • Fractures: Some infants suffer from fractured bones during delivery
  • Spinal cord injuries: A newborn can suffer from spinal cord injuries if they receive damage to the nerves connecting their spinal column to their brain or any part of their spinal cord

Treatment for birth injuries 

The treatment required for birth injuries depends on the type of injury and its severity. Facial paralysis caused by bruising may heal without treatment in a few weeks, while infants with facial paralysis from torn nerves may need surgery.

Some conditions are permanent. The infant may need lifelong medical treatments and physical and educational accommodations. Suppose your newborn suffers from brain damage from oxygen deprivation during delivery. Your child may need assistive devices if they develop cerebral palsy and struggle with impaired motor skills. Your child may also need care throughout their entire life.

What is a birth injury attorney?

A birth injury attorney has a law degree and a law license. Birth injury attorneys specialize in personal injury law, and their academic background ensures they know birth injury case law and legal precedents established through court rulings. They use this knowledge to prepare their clients’ cases. 

Do I need a birth injury lawyer?

It’s natural to be in shock after your newborn suffers a birth injury. You may not realize the medical team responsible for your infant’s delivery made mistakes or comprehend the medical expenses you’ll face because of your child’s birth injury. You also may not realize you have legal options.

Talking to a birth injury lawyer is the best way to learn about your options and whether a birth injury lawyer can help. At Bachus & Schanker, we offer free consultations. We’ll listen to your story, ask relevant questions, and then explain whether you have grounds for a birth injury lawsuit and what you can expect if you decide to take legal action.

When should I hire a lawyer?

You should hire a birth injury lawyer when someone’s negligence caused your baby’s birth injury. You shouldn’t be responsible for the short- or long-term expenses stemming from your newborn’s birth injury. You may be entitled to compensation for economic and non-economic damages, such as the following:

  • Childcare costs
  • Lost income
  • Medical bills
  • Transportation costs
  • Anxiety
  • Depression
  • Grief
  • Pain and suffering
  • Trauma

Few people have the legal knowledge needed to prepare a lawsuit. You may also be strained because you need to travel back and forth to the hospital if your newborn needs round-the-clock medical care. Hiring a birth injury lawyer is the most effective way to ensure your case is filed within 24 months of the date your child suffered their birth injury, which is when the statute of limitations expires. Your attorney will also ensure their team gathers the evidence needed to build your case, allowing you to focus on your family’s needs without forfeiting your legal right to compensation.

Things to consider when choosing a birth injury attorney 

Choosing the best birth injury attorney is essential to your case. When choosing an attorney, consider the following factors:

  • Comfort: You may need to discuss your newborn’s delivery in detail and should choose an attorney you feel comfortable with so you can be forthright and provide all the information they need to prepare your case. You may accidentally withhold details if you feel uncomfortable discussing the birth with your attorney.
  • Experience: Lawyers with years of experience bring that experience to your case. They know how to prepare for settlement negotiations and court hearings and what they need to win your case.
  • Firm size: It’s crucial to consider the law firm’s size. Small firms may have limited resources, while larger firms have a team available to handle all aspects of your case. 
  • Proximity: Choose a Denver attorney to represent your Denver birth injury claim. A local attorney is more likely to know about prior issues with the medical facility or professionals involved in your newborn’s birth. You’ll also reduce the time needed to meet with your attorney and minimize their legal expenses because they won’t have to travel to a different city to investigate your case or attend court dates. 

How your birth injury attorney can help

A birth injury attorney reading a book at his desk. In front of him is paperwork, a gavel and a Lady Justice statue.

Your Denver birth injury lawyer is your legal advocate. Your attorney will handle multiple tasks, including the following:

  • Investigate: Your lawyer and their legal team will investigate the birth injury, identify the at-fault parties responsible, and gather evidence to support your claim
  • Prepare paperwork: Your legal team will prepare and file the legal paperwork to ensure your case proceeds
  • Case and trial preparation: Your legal team will explain what to expect during upcoming hearings and prepare you to answer questions if you’re going to trial. Your lawyer will also help you calculate how much compensation to seek.
  • Provide information: Your lawyer will explain settlement offers and advise you about the pros and cons of accepting any offer you receive

Bachus & Schanker is committed to getting you the justice you deserve. We’ll fight for the best settlement possible and you won’t pay any legal fees until we win your case.


Brazier, Y. (2023). What is medical malpractice?

How common are birth injuries in the United States? (2023). 

What is Cerebral Palsy? (2023).

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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.