Birth Injuries in Colorado
Average Settlement: $1,000,000 - $5,000,000 | Statute: 2 years from the date of the act giving rise to the claim
About Birth Injuries
Birth injury malpractice occurs when negligent medical care during pregnancy, labor, or delivery causes harm to the mother or newborn. These cases often involve catastrophic, lifelong injuries such as cerebral palsy or brain damage resulting from oxygen deprivation. Birth injury claims are among the most high-value malpractice cases because they frequently involve permanent disabilities requiring a lifetime of medical care, therapy, and support.
Colorado Medical Malpractice Laws
Statute of Limitations
2 years from the date of the act giving rise to the claim
Damage Cap
$300,000 non-economic damages (adjusted for inflation; approximately $468,000 as of recent adjustments). Total damages capped at $1,000,000 (adjusted).
Discovery Rule
Colorado applies the discovery rule, but it is subject to a hard 3-year statute of repose from the act or omission.
Pre-Filing Requirements
Plaintiffs must file a certificate of review from a qualified expert within 60 days of filing the complaint.
Common Examples of Birth Injuries
- •Failure to monitor fetal heart rate and respond to signs of fetal distress
- •Delayed or improperly performed emergency cesarean section
- •Excessive use of force with vacuum extractors or forceps during delivery
- •Failure to diagnose and treat maternal infections during pregnancy
- •Improper administration of labor-inducing drugs such as Pitocin
- •Failure to identify and manage umbilical cord complications
- •Missed diagnosis of gestational diabetes or preeclampsia
Key Facts
- ✓Cerebral palsy caused by birth asphyxia is one of the most frequently litigated and highest-value medical malpractice claims in the United States
- ✓Fetal monitoring strips are among the most important pieces of evidence in birth injury cases, as they document the baby's heart rate and the timing of medical interventions
- ✓Birth injury cases often involve life care plans prepared by specialists that project the total cost of care over the child's expected lifetime, which can exceed tens of millions of dollars
- ✓Many states have extended statutes of limitations for birth injury claims, allowing minors to file suit until several years after they reach the age of majority
- ✓Both the obstetrician and the hospital can be held liable, particularly when hospital staffing levels or policies contributed to delayed intervention
- ✓Expert neonatologists and maternal-fetal medicine specialists are typically required to testify about the standard of care during labor and delivery
- ✓Colorado requires a certificate of review from a qualified expert to be filed within 60 days of the complaint.
- ✓The state follows a modified comparative fault system with a 50% bar — plaintiffs 50% or more at fault are barred.
- ✓Colorado's Health Care Availability Act governs medical malpractice claims and imposes specific procedural requirements.
- ✓Punitive damages in Colorado are generally capped at the amount of actual damages but may not exceed $500,000 without specific findings.
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Other Malpractice Types in Colorado
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Colorado.