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The birth of a child should be a joyful occasion. After the intense stress and vulnerability of giving birth, the last thing you want to hear is that your baby suffered an injury. Such news can be devastating for you and every member of your family.

It’s entirely natural to feel unsure of your next steps. If you or your child suffered an injury during childbirth, you have a right to seek justice. Attorney Mark A. Simon has fought on the side of medical malpractice victims for over two decades, and he is ready to hear your story. Move forward with the guidance of a Colorado attorney by scheduling a free personal consultation with Attorney Simon in Denver.

Birth Injuries in Colorado

During the process of childbirth, mistakes made by doctors and nurses involved can have enormous consequences. What exactly is a birth injury, and how is it different from a birth defect?

Birth Injury vs. Birth Defect

Birth injuries can occur from complications during the labor and delivery process or result from improper prenatal medical care. A birth injury might happen because of an obstetrician's use of an improper medical technique during delivery, or through improper use of a particular medical device. The resulting harm to the baby can vary from a lack of oxygen to severe brain injuries.

A birth defect, on the other hand, usually occurs as a result of harm to a baby during pregnancy. Birth defects can occur for a variety of reasons, from heredity and genetics to drug or alcohol use during pregnancy. Birth defects can also occur for reasons that are unknown.

Kinds of Birth Injuries

Some birth injuries occur due to decisions made by medical practitioners during childbirth. Others are the result of treatment provided weeks or months in advance. In either case, you have a right to hold the negligent party accountable and seek the peace of mind you deserve.

Some of the most common birth injuries handled by Attorney Mark A. Simon include:

  • A lack of oxygen in the first moments of life

  • Cerebral palsy

  • Shoulder injury to the child

  • Erb’s palsy, or paralysis to the arm

  • Failure to perform a C-section when necessary, or the failure to perform a timely C-section

The mother can also sustain injuries during birth, such as hemorrhaging that may require a hysterectomy. After the physical and emotional trauma of these injuries and others like them, it’s important to have someone on your side with the legal and medical knowledge to help you move forward.

Take Action After Medical Negligence During a Birth

You have a right to seek compensation after an injury. When the injury occurred during childbirth, a birth injury lawyer can help you navigate the legalities so you can focus on what really matters—you, your health, and your child.

Birth Injury Claims

If you bring a birth injury lawsuit against your obstetrician or another accountable party, it will be your attorney's responsibility to show that:

  • The defendant (such as the obstetrician, nurse, medical facility, or medical device manufacturer) owed a legal duty of care to you and/or your baby;

  • The defendant breached that legal duty or standard of care by acting or failing to act in a manner in which a reasonably competent individual would have, under the circumstances;

  • The defendant's breach of the legal duty or standard of care caused harm to you and/or your baby

Although the legal system cannot undo the trauma of an injury during childbirth, it can provide for financial compensation and other accommodations when an injury has occurred. As a skilled birth injury attorney and a former registered nurse, Mark A. Simon will go the extra mile when it comes to you, your baby, and your family. You deserve fearless legal advocacy backed by decades of experience when you need it the most.

Is There a Time Limit to Seek Compensation?

Yes. You can’t wait forever to pursue compensation. In Colorado, you must file a birth injury claim within two years of the incident. Mark A. Simon assists clients all throughout Colorado, including Aurora, Centennial, Northglenn, and Lakewood, in filing their claims and seeking the peace of mind they deserve.