Albuquerque Birth Injury Lawyer

What is a Birth Injury?

A birth injury refers to any physical harm that occurs to a baby during the labor and delivery process. While some birth injuries are minor and resolve with time, others can lead to lifelong disabilities requiring ongoing medical treatment and support. Unlike birth defects, which are typically genetic or developmental in nature, birth injuries are often preventable and caused by improper medical care during childbirth.

Medical professionals are expected to monitor both mother and baby closely and act swiftly when complications arise. When they fail to uphold this duty, the consequences can be severe.

Common Types of Birth Injuries

Birth injuries can range from temporary bruising to permanent physical or neurological damage. Some of the most common types of birth injuries include:

1. Cerebral Palsy: Often caused by oxygen deprivation during delivery, cerebral palsy can result in impaired muscle coordination and motor skills.
2. Erb’s Palsy (Brachial Plexus Injury): Damage to the network of nerves controlling the arm and shoulder, often caused by excessive pulling during delivery.
3. Hypoxic-Ischemic Encephalopathy (HIE): A type of brain damage resulting from reduced oxygen and blood flow to the brain.
4. Fractures: Most commonly of the clavicle or collarbone, occurring during difficult or assisted deliveries.
5. Intracranial Hemorrhage: Bleeding in the brain, which can result from the misuse of forceps or vacuum extraction tools.
6. Facial Paralysis: Caused by pressure on the baby's face during delivery or improper use of delivery instruments.

Early diagnosis and intervention are crucial for improving outcomes. If you suspect a birth injury, consult a medical professional immediately and contact a qualified birth injury attorney in Albuquerque to explore your legal options.

Common Causes of Birth Injuries

Many birth injuries are preventable and occur due to mistakes made by doctors, nurses, or other medical staff. Common causes include:

• Failure to monitor fetal distress: Medical professionals must monitor the baby's heart rate and respond to signs of distress.
• Improper use of delivery tools: Forceps and vacuum extractors can cause significant trauma if used incorrectly.
• Delayed C-section: If labor is not progressing normally, a timely cesarean section may be necessary to prevent harm.
• Misdiagnosis or failure to diagnose complications: Conditions such as preeclampsia, umbilical cord issues, or large baby size (macrosomia) must be identified and managed appropriately.
• Inadequate prenatal care: Missed diagnoses during pregnancy can lead to complications during delivery.

Who is Liable for a Birth Injury?

In birth injury cases, multiple parties may be held liable, depending on the circumstances:

• Obstetricians and Delivery Doctors: If they fail to follow standard medical protocols or make errors during delivery.
• Nurses and Hospital Staff: Responsible for monitoring both mother and baby during labor and reporting any signs of trouble.
• Hospitals or Birthing Centers: May be held liable for systemic failures, such as understaffing or failure to train employees properly.
• Pharmaceutical Companies: If a birth injury was caused by dangerous medications prescribed during pregnancy.

Determining liability requires an in-depth legal and medical investigation. At Harvey, Foote & Baker Law Firm, we work with medical experts to identify what went wrong and who should be held accountable. Our goal is to secure the financial compensation your family needs for medical bills, therapy, long-term care, and emotional suffering.

Birth Injury FAQs

What is the statute of limitations for a birth injury claim in New Mexico?

In New Mexico, you generally have three years from the date of the injury to file a medical malpractice claim. However, when the injury involves a child, the timeline can extend, so it's essential to consult with a lawyer as soon as possible.

How do I know if my child’s condition was caused by a birth injury?

If your child has been diagnosed with cerebral palsy, developmental delays, or another condition related to delivery complications, it may be due to a birth injury. An experienced attorney can help investigate medical records and consult experts to determine the cause.

What compensation is available in a birth injury case?

You may be eligible to recover damages for:

• Medical expenses (past and future)
• Rehabilitation and therapy
• Special education needs
• Pain and suffering
• Loss of future earning capacity
• Emotional distress

What should I bring to my initial consultation?

Bring any medical records, documentation of the injury or diagnosis, hospital discharge papers, and a list of all doctors involved in your care. The more information you provide, the better we can evaluate your claim.

Contact an Experienced Albuquerque Birth Injury Attorney Today

A birth injury can change your life—and your child’s life—forever. But you don’t have to face the legal and emotional challenges alone. The team at Harvey, Foote & Baker Law Firm is here to guide you every step of the way, providing compassionate support and aggressive legal advocacy to fight for the justice your family deserves.

We understand how overwhelming this process can be, which is why we offer free consultations and work on a no-win, no-fee basis. Let us help you hold negligent medical providers accountable and secure the resources your child needs.

Call (505) 295-2245 today to speak with a trusted Albuquerque birth injury lawyer, or fill out our online contact form to schedule a free case review.