Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
The birth of your child should be a joyful and life-changing moment. When something goes wrong during labor or delivery, that moment can quickly turn into fear, confusion, and uncertainty about your child’s future. You may be facing unexpected medical complications, ongoing therapy, and the reality of long-term care your family never planned for.
Many serious birth injuries are preventable and happen because of medical negligence. In Denver hospitals and delivery rooms, doctors, nurses, or medical staff may fail to recognize warning signs, delay critical decisions, or make avoidable errors during labor and delivery. When that happens, Colorado law allows families to seek answers and hold healthcare providers accountable.
At Frenkel & Frenkel, our Denver birth injury lawyers help families navigate these complex and emotional cases. We work with medical experts to understand what went wrong, build strong claims, and pursue compensation that can support your child’s long-term needs. While no legal action can undo the harm, it can help provide financial security and access to the care your child deserves.
We offer free consultations, and our Denver medical malpractice attorneys handle birth injury cases on a contingency fee basis. You pay nothing unless we recover compensation for your family.
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KEY TAKEAWAYS
Quick Answer
Do I need a lawyer after a birth injury in Denver?
Yes — and time matters. Hospitals and medical providers act quickly to protect themselves, often restricting access to records and building their defense immediately. You need an attorney who moves just as fast. Frenkel & Frenkel investigates what happened, preserves critical medical records and fetal monitoring strips, identifies every liable party, and handles the insurance companies — so you can focus on your child's care. You pay nothing unless we win.
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If your child was injured during labor or delivery at a Denver hospital, you may have a medical malpractice claim. The first step is to speak with a birth injury lawyer as soon as you can. An attorney can review the records, work with medical experts, and determine whether the injury could have been prevented.
Colorado law has strict deadlines and special procedural rules for these claims. The sooner you call, the more time your lawyer has to collect records, find the right experts, and build a strong case for your family.
Not every hard delivery involves negligence, but many serious injuries do. A birth injury may involve medical negligence when a provider fails to watch the fetal heart rate, waits too long to do an emergency C-section, uses forceps or a vacuum extractor the wrong way, or handles labor medicine the wrong way.
The legal question is simple: did the provider act the way a reasonably skilled healthcare professional would have acted in the same situation? That answer usually comes from a full record review and an opinion from a qualified medical expert.
The Difference Between a Birth Injury and a Birth Defect: A birth injury happens during labor and delivery. It is physical harm caused by something that went wrong in the delivery room. A birth defect develops before birth, often because of genetic or developmental factors. Birth defects are usually not part of a medical malpractice case, while birth injuries often are, especially when warning signs were missed.
What Is the Standard of Care?: In a Colorado medical malpractice case, the key question is whether your provider met the standard of care. This means the level of treatment a reasonably careful healthcare professional in the same field would have given in the same situation. It is not a promise of perfect care. A bad outcome does not always mean someone was negligent.
The standard of care is shared in a labor and delivery setting. Obstetricians must read fetal monitoring strips and make timely choices. Nurses must watch both mother and baby, report warning signs quickly, and speak up when something is wrong. Hospitals must train staff, keep them qualified, and give them the tools they need to provide safe care.
Preventable vs. Unavoidable Birth Injuries: Some births involve true emergencies that cannot be stopped, even with skilled care. A cord prolapse or a sudden abruption can happen without warning. But many injuries are preventable. Delayed C-sections, missed fetal distress, and improper use of forceps or vacuum extractors are examples of mistakes that careful providers should avoid.
In Colorado, if a provider helped create the emergency through earlier negligence, the tougher legal rule that applies in true emergencies usually does not protect that provider. A lawyer can review the full timeline and see what happened before, during, and after delivery.
Colorado medical malpractice claims are governed by C.R.S. § 13-80-102.5. In general, you have two years from the date you discovered — or reasonably should have discovered — the injury and its cause to file a lawsuit.
For children, Colorado extends the deadline: if the child was under six years old at the time of the negligence, the claim may generally be filed until the child’s eighth birthday. This is an important difference from Texas, which allows claims until age 14.
Colorado also has a statute of repose of three years from the date of the negligent act. This deadline can be tolled in certain circumstances, including cases involving minors. A parent’s own claim for early medical expenses may be subject to the standard two-year deadline.
If the negligence occurred at a government-owned or government-operated hospital, the Colorado Governmental Immunity Act (CGIA, C.R.S. § 24-10-109) may also require a formal written notice of claim within 182 days of discovering the injury.
Colorado law divides damages into economic and non-economic categories under the Health Care Availability Act (C.R.S. § 13-64-302):
Economic damages cover money losses such as past and future medical care, therapy, assistive devices, home and vehicle changes, and lost future earning ability. Economic damages are not capped in Colorado.
Non-economic damages cover pain, mental anguish, and loss of enjoyment of life. Following HB24-1472 (effective for acts or omissions on or after January 1, 2025), Colorado’s non-economic damages cap for medical malpractice is phasing upward toward $875,000 by 2029. For 2026, the cap is $530,000 per patient across all defendants for the same course of care.
Total damages (economic + non-economic combined) are generally limited to the greater of $1,000,000 or 125% of the applicable non-economic cap. However, if a court determines that applying the total cap would be unfair given the severity of your child’s economic losses, it may award economic damages that exceed the cap — an exception frequently applied in catastrophic birth injury cases.
Medical malpractice wrongful death: The cap is also phasing upward toward $1,575,000 by 2029 (HB24-1472).
Unlike Texas, Colorado does not require a separate expert report on a 120-day post-answer deadline. Instead, the plaintiff’s attorney must file a certificate of review within 60 days of serving the complaint. The certificate confirms that the attorney consulted with a qualified medical expert, that the expert reviewed the relevant facts and records, and that the expert concluded the claim has substantial justification.
The expert’s identity does not need to be disclosed to the opposing party at this stage. Failure to file the certificate can result in dismissal of the case.
Quick Answer
Can I recover more compensation if multiple parties caused my child's birth injury?
Potentially yes. Each liable party may carry their own insurance policy. Identifying multiple defendants — such as the delivering physician, the hospital, and a medical device manufacturer — can open up multiple sources of recovery that a single-defendant case would not. This is one of the most important reasons to hire an attorney who investigates the full picture, not just one medical provider.
Our attorneys have spent over Decades of Combined Legal Experience combined fighting for families affected by birth injuries and medical negligence. We have the knowledge and resources to take on even the most complex medical malpractice cases.
Our founding attorneys used to defend insurance companies. Now, they use that inside knowledge to fight for injured people like you. We know the tactics companies use, and we know how to counter them.
We have recovered over $1 Billion in settlements and verdicts for our clients.* For 16 straight years, our attorneys have been named among the Best Lawyers in Denver.
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Birth injuries often come from clear mistakes in the delivery room. Our attorneys often look at these common causes:
Brain damage caused by a lack of oxygen-rich blood flow to the baby's brain during or around birth. HIE is a major cause of severe, lifelong neurological problems.
A group of permanent neurological disorders that affect movement, muscle tone, and posture. Many CP cases are linked to brain injuries that happened at or near birth.
Damage to the nerves that control the arm, shoulder, and hand. This can happen when too much force is used during delivery or shoulder dystocia is not handled correctly.
Bleeding inside the skull caused by trauma during delivery, including improper use of forceps or vacuum extractors.
Breaks in the newborn's skull caused by excessive force during delivery.
Injury to the facial nerves caused by pressure or trauma during delivery. This can lead to partial or full facial paralysis.
When the baby's oxygen supply is reduced or stopped during labor or delivery, the brain and organs can be harmed.
Problems that happen when the baby's shoulder gets stuck during delivery. This can cause brachial plexus injuries, fractures, and oxygen deprivation if not handled well.
If a preventable birth injury leads to the death of an infant, the family may have a separate wrongful death claim under Colorado law.
Frenkel & Frenkel handles birth injury cases on a contingency fee basis. That means there are no upfront costs and no attorney's fees unless we recover compensation for your family. We also offer a free first consultation so you can ask questions and learn your options without financial pressure.
Not always. For children hurt at birth, Colorado law usually allows a claim to be filed on the child's behalf until age 14. But a parent's own claim for early expenses may have a shorter deadline. The sooner you call, the better your options may be.
Hospitals and their lawyers often call preventable injuries unavoidable complications. That does not make it true. A birth injury lawyer works with independent medical experts who review the records and compare the care to the standard of care. That is the best way to find out if negligence played a role.
Try to get full copies of the labor and delivery records, fetal monitoring strips, nursing notes, physician orders, anesthesia records, and NICU records as soon as possible. Hospitals must keep these records, but having your own copies gives you protection. A lawyer can also help request records through legal channels.
Yes. A birth injury case can involve several people, including the delivering doctor, labor and delivery nurses, an anesthesiologist, a hospital-employed team, or the hospital itself. A full investigation helps identify who was responsible. You do not need to know the answer before talking with a lawyer.
Many birth injury cases settle before trial. Some do go to court, especially when a doctor, hospital, or insurer disputes fault or refuses to pay fair compensation. We prepare every case as if it may go to trial, which helps us negotiate from a stronger position.
Even respected hospital systems can make mistakes. A trusted name on the building does not mean every provider always meets the standard of care. Your child's future comes first, and speaking with a birth injury lawyer can give your family independent answers about what happened.
