Las Cruces Birth Injury Attorney

What is a Birth Injury?

A birth injury is any physical harm a baby sustains before, during, or shortly after delivery. While some complications occur naturally and cannot be prevented, others result from medical negligence or improper care. When doctors, nurses, or healthcare facilities fail to follow accepted medical standards, their actions—or inaction—can lead to serious and lasting injuries.

Birth injuries can affect a child’s development, mobility, cognitive abilities, and overall quality of life. In many cases, families must manage lifelong medical treatments, therapy, and specialized care. Legal action may help recover compensation for these costs and provide financial stability for the future.

Common Types of Birth Injuries

Birth injuries can range from mild and temporary to severe and permanent. Some of the most frequently reported injuries include:

• Cerebral Palsy: Often linked to oxygen deprivation during labor or delivery, cerebral palsy affects muscle control, coordination, and motor skills.
• Brachial Plexus Injuries: These injuries occur when nerves in the shoulder and arm are damaged during delivery, sometimes resulting in Erb’s palsy or loss of arm function.
• Brain Injuries: Trauma or lack of oxygen can lead to long-term neurological damage, developmental delays, and cognitive impairments.
• Fractures: Difficult deliveries, particularly those involving shoulder dystocia, can result in broken bones such as the clavicle.
• Hypoxic-Ischemic Encephalopathy (HIE): A serious condition caused by reduced blood flow and oxygen to the brain, often leading to lifelong disabilities.
• Spinal Cord Injuries: Though rare, improper handling during delivery can cause severe spinal trauma.

Understanding the type and cause of an injury is often the first step in determining whether medical negligence played a role.

Common Causes of Birth Injuries

Many birth injuries are preventable with proper medical care. When healthcare providers fail to monitor or respond appropriately to complications, the risk of injury increases. Some of the most common causes include:

• Failure to monitor fetal distress
• Delayed C-section or emergency intervention
• Improper use of forceps or vacuum extractors
• Mismanagement of high-risk pregnancies
• Medication errors during labor and delivery
• Failure to recognize infections or complications
• Inadequate prenatal care or diagnostic testing

Medical professionals are expected to follow established standards of care. When those standards are not met, patients may suffer preventable harm.

Who is Liable for a Birth Injury?

Determining liability in a birth injury case often requires a thorough investigation into medical records, procedures, and decision-making during pregnancy and delivery. Multiple parties may be responsible, including:

• Doctors and Obstetricians: Errors in diagnosis, treatment, or delivery decisions may constitute negligence.
• Nurses and Medical Staff: Improper monitoring, delayed responses, or mistakes during care can contribute to injuries.
• Hospitals and Medical Facilities: Institutions may be liable for staffing issues, inadequate training, or unsafe policies.
• Specialists or Anesthesiologists: Mistakes involving anesthesia or specialized treatment can lead to complications.

Our Las Cruces birth injury attorney can work with medical experts to determine what went wrong and who should be held accountable.

Compensation in Birth Injury Cases

Families affected by birth injuries often face significant financial burdens. A successful legal claim may help recover compensation for both current and future expenses, including:

• Medical bills and hospital costs
• Ongoing therapy and rehabilitation
• Assistive devices and home modifications
• Long-term care and specialized education
• Lost earning capacity
• Pain and suffering
• Emotional distress and loss of quality of life

Because many birth injuries require lifelong care, it is critical to fully evaluate future medical needs when pursuing compensation.

How a Las Cruces Birth Injury Lawyer Can Help

Birth injury cases are complex and often involve extensive medical and legal analysis. An attorney can help families by:

• Reviewing medical records and treatment decisions
• Consulting with medical experts
• Identifying negligent parties
• Calculating damages and future care costs
• Negotiating with insurance companies
• Representing clients in court when necessary

Legal guidance can provide clarity during an overwhelming time and help families focus on caring for their child.

FAQs About Birth Injury Claims in New Mexico

How do I know if my child’s injury was caused by negligence?

A detailed review of medical records and expert opinions is often required. Not all birth injuries are preventable, but if a provider failed to meet accepted medical standards, you may have a claim.

How long do I have to file a birth injury lawsuit in New Mexico?

New Mexico law generally imposes deadlines for filing medical malpractice claims, known as statutes of limitations. However, cases involving minors may have different timelines. Speaking with an attorney as soon as possible is important to protect your rights.

What if the injury was discovered months or years later?

Some birth injuries are not immediately apparent. In certain situations, the legal timeline may begin when the injury is discovered or reasonably should have been identified.

Do I need expert witnesses?

Yes. Medical experts play a crucial role in birth injury cases by explaining what went wrong and whether the standard of care was violated.

How much is a birth injury case worth?

The value depends on factors such as the severity of the injury, medical expenses, long-term care needs, and the impact on the child’s life. Each case is unique.

Will filing a claim affect my child’s medical care?

Healthcare providers are required to continue providing appropriate care. A legal claim focuses on accountability and financial recovery, not retaliation

Why Families Choose Our Law Firm

Parents looking for a birth injury lawyer in Las Cruces want more than legal knowledge. They want a team that understands how hospitals, insurers, and healthcare corporations think, and that is willing to stand up to them. Our firm concentrates on holding medical and care facilities responsible when their conduct harms vulnerable patients, including newborns.

Over the years, we have secured multimillion-dollar settlements in serious negligence cases. These results have helped families obtain funds for medical treatment, long-term care, and critical support services. Outcomes are always specific to the facts of each case, but our history in high-stakes litigation shows that we know how to handle complex, hard-fought claims.

Our work has also led to important changes in facility procedures. In prior cases, we have helped drive improvements in staffing practices, policies, and safety protocols inside New Mexico care settings. Families dealing with a birth injury often want to protect other children from similar harm. Our focus on accountability and systemic change aligns with that goal.

Attorney Dusti Harvey brings a particularly valuable perspective. Before representing injured individuals and families, she served as in-house corporate counsel and mediator for a national nursing home chain. That experience gave her firsthand insight into how large healthcare companies and their insurers analyze risk, defend claims, and make settlement decisions. We draw on that knowledge when we prepare cases against facilities that serve communities like Las Cruces.

Just as important as our courtroom experience is how we treat our clients. We take a team-based, compassionate approach, and we work to resolve cases efficiently whenever that serves the family’s interests. At the same time, we are fully prepared to take cases through trial when necessary to seek a fair result for a child’s future needs.

To speak with a birth injury attorney in Las Cruces about your situation, contact Harvey, Foote & Baker Law Firm for a free consultation.