Birth Injuries Advocating for Victims of Medical Negligence

We have been representing victims of medical malpractice throughout New Mexico since 2005. Call us 24/7 to learn how we can help you.

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Birth Injury Attorney in Albuquerque

Was Your Child’s Birth Injury Preventable? Get Answers from Attorneys Serving New Mexico Since 2005.

A serious diagnosis after labor and delivery doesn’t automatically mean medical malpractice occurred. The central question is whether a hospital, physician, nurse, or other healthcare provider departed from the accepted standard of care and caused preventable harm. We represent New Mexico families in medical malpractice and hospital negligence claims involving these difficult questions.

Our review may examine prenatal care, fetal monitoring, delivery decisions, newborn treatment, and follow-up records. We also consider how the injury could affect the child’s future medical care, therapy, development, education, and financial needs.

Call (505) 295-2245 for a free, confidential consultation about your child’s injury and your legal options.

Medical Malpractice Representation Since 2005

At Harvey, Foote & Baker Law Firm, we’ve represented victims of medical malpractice throughout New Mexico since 2005. We’ve handled thousands of cases, including claims involving hospital negligence, and understand the detailed investigation required when medical decisions and clinical records are disputed.

We work with medical professionals to determine whether the care met accepted clinical standards and whether a departure caused the injury. Because a negative outcome alone isn’t proof of negligence, we build claims around medical records, causation analysis, and documented losses.

Birth Injuries & Delivery Events That May Require Investigation

Some injuries arise from unavoidable complications, while others may be connected to delayed action, improper technique, medication errors, or failures in monitoring. A diagnosis or delivery event alone doesn’t establish malpractice. The evidence must show that a departure from the standard of care caused or contributed to the child’s condition.

Conditions that may prompt a legal and medical review include:

Cerebral palsy: A group of disorders affecting movement, balance, posture, and muscle control.
Hypoxic-ischemic encephalopathy: A brain injury associated with inadequate oxygen and blood flow.
Brachial plexus injuries: Damage to the network of nerves controlling the shoulder, arm, and hand, including Erb’s palsy.
Other injuries: Facial nerve damage, fractures, intracranial bleeding, and other neurological harm.

Delivery-related events that may require examination include:

Failure to recognize or respond to signs of fetal distress.
Delay in performing an emergency delivery.
Improper use of forceps or a vacuum extractor.
Excessive traction during shoulder dystocia, which occurs when a baby’s shoulders become lodged after the head is delivered.
Medication errors or failures to recognize maternal or newborn complications.

How a Birth Injury Claim Is Evaluated

A viable claim generally requires evidence of a provider-patient relationship, a duty of care, a departure from the applicable standard, a causal connection to the injury, and legally recognized damages. The standard of care is the level of skill and treatment reasonably expected from a healthcare provider under similar circumstances. We investigate what happened, how the care differed from that standard, and whether the difference caused preventable harm.

Relevant evidence may include:

Prenatal records: Office notes, testing, imaging, and documentation of maternal or fetal risk factors.
Labor records: Fetal monitoring strips, medication records, delivery notes, and operative reports.
Newborn records: Neonatal assessments, imaging, laboratory results, and treatment documentation.
Follow-up care: Therapy records, developmental evaluations, medical bills, and care recommendations.

Recoverable damages depend on the evidence. They may include past medical expenses, anticipated medical care, rehabilitation, assistive services, reduced earning capacity, pain and suffering, and other supported losses. Assessing future damages requires careful consideration of the child’s expected medical and developmental needs.

Healthcare Providers Who May Be Responsible

Potentially responsible parties may include obstetricians, nurses, anesthesiologists, midwives, hospitals, clinics, and other providers involved in prenatal treatment, delivery, or immediate newborn care. Liability depends on each party’s role, employment relationships, and conduct.

Our investigation looks beyond job titles to determine who made critical decisions, who was responsible for monitoring or treatment, and whether an institution may be accountable for its personnel or practices.

New Mexico Medical Malpractice Deadlines

Under New Mexico law, a medical malpractice claim against a healthcare provider generally must be filed within three years after the date of the alleged malpractice. Statutory rules affecting minors and incapacitated people may provide additional time, including one year after reaching the age of majority or the end of incapacity.

Families shouldn’t rely on a generalized deadline. The applicable period can depend on the child’s age, the provider’s legal status, the facts of the claim, and whether a Medical Review Commission process applies. Prompt legal guidance can allow time to identify the correct deadline and preserve available evidence.

How We Prepare Birth Injury Cases for Negotiation or Trial

We combine record analysis, case preparation, negotiation, and courtroom advocacy. Some claims resolve through negotiation, while others require litigation when the parties can’t reach an acceptable resolution. We prepare for both possibilities from the outset.

Attorney Dusti Harvey previously served as in-house corporate counsel for a national nursing home chain and led its alternative dispute resolution program for more than six years. That background provides firsthand insight into how institutional defendants evaluate allegations, investigate claims, manage risk, and approach negotiations.

We offer representation in English and Spanish. We can explain complex medical records, legal procedures, and potential long-term care needs in either language so parents can make informed decisions at each stage of the case.

Get Clarity About a Possible Birth Injury Claim

If you suspect a preventable medical error harmed your child, we can review the available records, explain the legal process, and assess the family’s immediate and long-term losses. A free consultation gives you an opportunity to describe what happened, ask questions, and learn whether further investigation may be appropriate.

We accept these cases on a contingency-fee basis. You don’t pay attorney fees unless we obtain a settlement or verdict on your behalf.

Call (505) 295-2245 to speak with our Albuquerque birth injury attorneys in English or Spanish.

What Sets Us Apart

You Deserve Maximum Compensation
Our team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
You Deserve an Experienced Legal Team
Our attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
You Deserve New Mexico Advocates
At Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
You Deserve Dedicated Representation
Since 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.

Real Clients. Real Stories.

Hear From Past Clients Who Have Worked With Harvey, Foote & Baker Law Firm

“I always knew that I had the best team on my side!!”
There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!

Carla S.
“You made a huge difference in my life.”
Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!

Lydia S.
“Wonderful and compassionate team.”
The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.

Michael C.
“Dedicated professionals on your side.”
Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.

Norberto G.
“I appreciate everyone's hard work and dedication.”
“Having the BEST attorneys on our side brought about an even better than expected outcome. Thank you, Dusti, Jennifer, and all of your amazing staff!!”

Mara H.
“Thank You For Handling Our Case So Diligently”
“We were astounded by how thorough you were, delightful towards us, but tough against the other side. We were shocked that you were able to recover so much money for our family.”

Cindy
“I highly recommend Harvey/Foote Law Firm.”
“Ms. Dusti Harvey and Ms. Jennifer Foote and their staff were an AMAZING firm to work with!!! Their staff kept me in the loop through the entire process.”

Tammi L.
“I would recommend Harvey law firm 100%”
“Dusty and her crew were there to pick up the pieces and made sure that they kept us informed from the smallest thing to the biggest. I will forever be grateful to you.”

Hermelinda P.

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Standing Up for the Seriously or Fatally Injured in Albuquerque and Throughout New Mexico When You or a Loved One Has Been Injured, Harvey, Foote & Baker Law Firm Guides You to Justice

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