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Can Parents Seek Compensation for Birth Defects?

Finding out that your child was born with a birth defect can be devastating. Learning that your child was injured and could suffer lifelong consequences as a result of a doctor’s or nurse’s mistake can seem like too much to bear; and, for many families, the financial consequences can be truly insurmountable.

While it is difficult to find any amount of good in a situation such as this, the good news is that families who are suffering due to birth defects will often be entitled to financial compensation. Many birth defects are caused by medical malpractice; and, under Colorado law, families can seek to recover their medical expenses and other losses through medical malpractice insurance settlements and litigation.

Birth Defects Caused by Medical Malpractice

Thanks to advances in medical knowledge and technology, the risks for many types of birth defects have been greatly reduced in the United States. However, mistakes made during pregnancy, labor and childbirth can cause injuries despite all that our healthcare system has to offer. Birth defects that can result from medical malpractice include:

  • Cerebral palsy
  • Erb’s palsy
  • Forceps injuries
  • Shoulder dystocia
  • Injuries resulting in death

While many types of birth defects will be readily apparent, others may only become apparent as the child begins to develop. Recognizing this, Colorado law provides an extended statute of limitations for birth injury claims. In Colorado Springs, parents can file medical malpractice claims for birth injuries until the child’s eighth birthday.

Common Forms of Medical Malpractice Resulting in Birth Injuries

Unfortunately, there are numerous medical errors that can lead to birth injuries, and it often takes only a single error in judgment or simple one-time mistake to cause a lifetime of consequences. Some of the most-common types of medical malpractice resulting in birth injuries include:

  • Obstetrician-gynecologist (OB-GYN) malpractice
  • Failure to diagnose medical conditions in the mother or fetus
  • Errors involving the administration of epidurals and other medications
  • Improper use of forceps during delivery
  • Failure to address the risks of a breech birth
  • Failure to address other birth injury risks during delivery
  • Failure to recommend a cesarian section (C-section) birth
  • Errors during neonatal care

Other medical mistakes can lead to birth defects as well. If your child was born with any type of birth injury or defect, it is important that you seek expert medical care and experienced legal representation.

Compensation for Birth Defects Caused by Medical Malpractice

When medical malpractice is to blame for a birth defect, the child’s parents can seek full financial compensation for the family’s resulting losses. This includes compensation for medical expenses, loss of financial earning potential, pain and suffering, emotional trauma, and a variety of other forms of economic and non-economic harm. To protect their rights, parents of children born with birth defects should consult an attorney as soon as possible.

Levine Law | Colorado Springs Personal Injury Lawyers

If you would like to speak with an attorney about your child’s birth defect, you can contact the Colorado Springs, CO law offices of Levine Law. For a free consultation with an experienced attorney, contact the firm online today.

November 3rd, 2017 | Posted by paperstreet, on Personal Injury

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