Colorado Military Birth Injury Malpractice Attorneys

Military families expect the highest standard of care when choosing Colorado's Army, Navy, and Air Force medical facilities for prenatal care and delivery services. Unfortunately, medical negligence at Military Treatment Facilities (MTFs) during pregnancy, labor, or delivery can result in devastating birth injuries that affect children for their entire lives. These cases fall under federal jurisdiction and must be filed as Federal Tort Claims Act (FTCA) claims against the United States government.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor. Because of this unique background, we have insight into military birth injury cases and the complex medical standards of care at Army Medical Centers, Naval Medical Centers, and Air Force hospitals. We understand how negligence at these federal facilities differs from civilian hospital malpractice, and we know the specific legal requirements for pursuing compensation from the federal government.

If your child suffered a birth injury at a Colorado military hospital, you have legal rights under the Federal Tort Claims Act. You must understand these rights and filing procedures to secure proper compensation for your military family.

• Failure to Monitor Fetal Distress: When military medical staff fail to properly monitor fetal heart rates or ignore warning signs of oxygen deprivation during labor, severe brain damage and cerebral palsy can result. This represents a clear violation of obstetric standards of care.

• Delayed Emergency C-Section: Army, Navy, and Air Force hospitals must respond quickly when complications arise during delivery. Waiting too long to perform a cesarean section can lead to hypoxic-ischemic encephalopathy (HIE) and permanent neurological damage.

• Improper Use of Forceps or Vacuum Extraction: Excessive force or incorrect positioning during assisted delivery at military hospitals can cause skull fractures, brachial plexus injuries, and facial nerve damage that may be permanent.

• Medication Errors During Labor: Incorrect dosing of Pitocin or other labor-inducing medications can cause overstimulation of the uterus, leading to fetal distress and oxygen deprivation that results in brain injury.

• Failure to Diagnose Preeclampsia: Military medical staff who fail to recognize and treat preeclampsia or other pregnancy complications put both mother and baby at risk for stroke, seizures, and other life-threatening conditions.

• Inadequate Newborn Resuscitation: When babies are born in distress, immediate and proper resuscitation is critical. Delays or improper techniques by military hospital staff can worsen brain injuries and other complications.

We represent military families who suffered birth injuries at federal military medical facilities throughout Colorado. These cases require specialized knowledge of both military healthcare systems and federal tort law.

Evans Army Community Hospital (Colorado Springs) - This Army medical facility serves Fort Carson and provides comprehensive maternity services including high-risk obstetrics and neonatal intensive care. Birth injury cases here often involve failures in emergency response protocols during complicated deliveries.

U.S. Air Force Academy Hospital (Colorado Springs) - Serving Air Force personnel and their families, this facility handles routine and complex deliveries. Cases may involve inadequate monitoring during labor or delays in emergency interventions.

Buckley Air Force Base Medical Clinic (Aurora) - While primarily providing outpatient services, this facility coordinates care for Air Force families and may be involved in prenatal care that leads to birth injury complications at other facilities.

Your family may qualify for an FTCA claim if medical negligence at any Colorado military facility caused your child's birth injury.

View all Colorado Military Facilities

• Your child was diagnosed with cerebral palsy, Erb's palsy, or other neurological conditions after a difficult delivery where medical staff seemed unprepared or delayed in responding to complications

• Fetal heart rate monitors showed signs of distress during labor, but military medical staff did not take immediate action or perform an emergency C-section

• Your baby required extensive resuscitation at birth or was immediately transferred to the NICU after what was expected to be a routine delivery

• Medical records show that your labor was unusually prolonged without intervention, or that vacuum or forceps were used multiple times unsuccessfully

• You developed preeclampsia or other pregnancy complications that were not properly monitored or treated by military medical staff

• Your child shows developmental delays, seizures, or other neurological symptoms that were not present immediately after birth but developed in the following weeks or months

• Military medical staff made comments suggesting they were aware mistakes were made during your delivery or your child's immediate care

Economic Damages

Colorado military birth injury cases filed under the Federal Tort Claims Act can recover economic damages to cover the lifetime costs of caring for an injured child. These include lifetime medical care costs (which can exceed $1 million for severe cerebral palsy cases), specialized therapy costs (physical, occupational, and speech therapy), special education, tutoring, adaptive equipment, home modifications, lost future earning capacity, and attendant care costs.

Non-Economic Damages

Military families can also recover non-economic damages for the profound impact birth injuries have on quality of life. These damages include pain and suffering endured by the child due to their injuries and ongoing medical treatments, loss of enjoyment of life and inability to participate in normal childhood activities and experiences, emotional distress suffered by both the child and parents dealing with a preventable injury, and impaired family relationships due to the stress and demands of caring for a severely injured child.

The Federal Tort Claims Act (28 U.S.C. § 2674) applies federal law to military birth injury cases, while state law determines damage calculations. Colorado does not impose damage caps on medical malpractice cases, meaning families can recover the full extent of their economic and non-economic losses. However, FTCA claims are subject to federal procedures, and the Department of Defense handles settlements up to $100,000 under recent National Defense Authorization Act provisions, while larger claims require Treasury Department review.

Military birth injury cases in Colorado must comply with the Federal Tort Claims Act's strict two-year deadline for filing Standard Form 95 with the appropriate military facility (28 U.S.C. § 2675). This deadline begins from the date the injury was discovered or reasonably should have been discovered. Colorado's discovery rule may apply in cases where birth injuries are not immediately apparent, such as developmental delays that become evident months or years later.

Expert Witness Requirements

In Colorado birth injury cases, expert medical testimony is required to establish the standard of care and prove that military medical staff deviated from accepted practices. Under Colorado law, medical experts must be qualified in the same specialty as the defendant healthcare providers and must be familiar with the standards of care applicable to military medical facilities.

For complete step-by-step filing instructions, see our guide: How to File a Military Medical Malpractice Claim in Colorado

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date of injury discovery to file Standard Form 95 with the military facility where the birth injury occurred. For birth injuries that are not immediately apparent, Colorado's discovery rule may extend this deadline until the injury is reasonably discoverable.

Colorado military birth injury cases can recover both economic damages (medical expenses, therapy costs, lost earning capacity) and non-economic damages (pain and suffering, loss of enjoyment of life). Since Colorado has no damage caps on medical malpractice, families can recover the full extent of their losses under the FTCA.

Colorado does not impose damage caps on medical malpractice cases, which benefits military families pursuing FTCA claims. However, federal law governs the claims process, and the Department of Defense handles settlements up to $100,000, while larger claims require Treasury Department approval.

No, you cannot sue individual military doctors or medical staff. Under the Federal Tort Claims Act, your claim must be filed against the United States government. The Feres Doctrine also prevents active duty service members from suing for their own injuries, but spouses and dependents can file FTCA claims for birth injuries.

Yes, Colorado requires qualified medical experts to establish the standard of care and prove negligence in birth injury cases. These experts must be familiar with obstetric and neonatal care standards applicable to military medical facilities and have appropriate credentials in the relevant medical specialties.

Military birth injury cases typically take 12-24 months or longer. The government has six months to investigate your Standard Form 95 claim, and if denied, you have six months to file a federal lawsuit. Complex birth injury cases often require extensive medical expert testimony and can take additional time to resolve through settlement or trial.

Military birth injury cases are filed under federal law (FTCA) against the U.S. government, not individual doctors or hospitals. They require filing Standard Form 95 first, follow federal court procedures, and are subject to different damage calculation rules than civilian medical malpractice cases in Colorado state courts.

Active duty service members cannot file FTCA claims for injuries they personally suffered due to the Feres Doctrine. However, if an active duty service member's spouse or child was injured during delivery at a military hospital, they can file an FTCA claim as the legal representative of the injured family member.

When your child has suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Colorado military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:

• Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Birth Injury cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military families nationwide, including complex Birth Injury cases.

• Colorado FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Colorado military treatment facilities.

• No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.

• Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including Colorado, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Birth Injury takes on families. Our team is here to support you through every step of the legal process.

If your child suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Colorado military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.

The Archuleta Law Firm offers free, confidential case evaluations for Colorado Birth Injury victims. Our Colorado Birth Injury attorneys will:

• Review your medical records and case details at no cost
• Explain your legal rights under the FTCA
• Assess the strength of your potential claim
• Answer your questions about the Colorado legal process
• Discuss the compensation you may be entitled to recover

Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.

Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.

Colorado Military Malpractice Information

• Military & VA Medical Malpractice in Colorado - Complete guide to filing claims in Colorado, including facility listings and legal requirements

Other Colorado Case Types We Handle

• Colorado Surgical Errors Cases
• Colorado Emergency Room Errors Cases
• Colorado Brain Injury Cases

Birth Injury Resources

• Birth Injury Lawyers (Nationwide) - General Birth Injury information
• FTCA Claims Process - Understanding the Federal Tort Claims Act
• Standard Form 95 Guide - How to complete the required claim form

Contact Us

• Phone: 1-800-798-9529
• Free Case Evaluation

As a veteran or military family member dealing with a birth injury that occurred at a VA or military medical facility in Colorado, you need to understand that these cases fall under the Federal Tort Claims Act (FTCA). This federal law allows you to seek compensation for medical negligence, but it comes with strict deadlines and procedural requirements that differ from standard medical malpractice cases.

You must file your FTCA claim within two years of when you knew or should have reasonably known about the injury and its cause. This is done by submitting Standard Form 95 to the appropriate federal agency. Once submitted, the agency has six months to investigate and respond to your claim. Only after this administrative process is complete, or if the agency denies your claim, can you file a lawsuit in federal court.

Having an attorney who is also a medical doctor is particularly crucial in military birth injury cases. These cases require both legal expertise in federal tort law and medical knowledge to establish the standard of care and prove how it was breached. A doctor-attorney can quickly identify deviations from proper medical protocols, understand complex medical records, and effectively communicate with medical experts who will testify in your case.

Through an FTCA claim, you can recover various damages, including past and future medical expenses, rehabilitation costs, lost wages, and compensation for pain and suffering. For birth injuries, this often includes lifetime care costs, specialized education expenses, and adaptive equipment needs. Unlike some state laws, FTCA claims in Colorado have no caps on compensatory damages, though punitive damages are not allowed.

If your child suffered a birth injury at a VA or military facility in Colorado, you should not wait to seek legal guidance. Many experienced doctor-attorneys offer free case evaluations to help you understand your rights and determine if you have a viable claim. During this consultation, they can review your medical records, explain the FTCA process in detail, and help you make an informed decision about pursuing your claim. Time is critical in these cases, so reaching out for a free evaluation as soon as possible can help protect your family's legal rights and ensure access to necessary compensation for your child's care.

We handle various types of VA and military medical malpractice cases in Colorado:

• Colorado Surgical Errors Cases
• Colorado Emergency Room Errors Cases
• Colorado Brain Injury Cases
• Colorado Spinal Cord Injury Cases
• Colorado Misdiagnosis Cases
• Colorado Medication Errors Cases