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

Common Types of Delivery Complications
Delivery complications can happen for various reasons, and while not all are caused by negligence, many are preventable with proper medical care. Some of the most common delivery complications include:
- Oxygen Deprivation (Hypoxia or Asphyxia) – A lack of oxygen during birth can lead to brain injuries such as cerebral palsy, developmental delays, or even death.
- Shoulder Dystocia – Occurs when the baby’s shoulder gets stuck behind the mother’s pelvic bone, potentially causing nerve damage (brachial plexus injuries) or fractures.
- Umbilical Cord Problems – Cord prolapse, cord compression, or a nuchal cord (cord wrapped around the baby’s neck) can cause severe oxygen deprivation.
- Placental Abruption – The placenta separates from the uterus before delivery, which can threaten the lives of both mother and child if not treated immediately.
- Excessive Bleeding (Postpartum Hemorrhage) – Can be life-threatening for the mother if not promptly addressed.
- Infections – Both mothers and newborns are vulnerable to dangerous infections during delivery if proper hygiene and monitoring are not maintained.
- Instrument-Related Injuries – Improper use of forceps or vacuum extractors can cause head trauma, facial injuries, or nerve damage.
When medical staff fail to monitor, diagnose, and respond to these complications in time, the consequences can be devastating.
Common Causes of Delivery Complications
While some complications are unavoidable, many result from human error, poor judgment, or inadequate preparation. Common causes of delivery complications include:
- Failure to Monitor Fetal Distress – Neglecting to act when fetal heart rate patterns indicate oxygen deprivation.
- Delayed Emergency C-Section – Failing to order or perform a timely cesarean section when labor complications arise.
- Improper Use of Delivery Instruments – Using forceps or a vacuum extractor incorrectly or unnecessarily.
- Mismanagement of Maternal Conditions – Not addressing preeclampsia, gestational diabetes, or other high-risk factors appropriately.
- Medication Errors – Administering the wrong drug, wrong dosage, or failing to consider the mother’s medical history.
- Inadequate Staffing – Shortages or poor coordination in the delivery room can delay critical interventions.
- Poor Communication Among Medical Staff – Misunderstandings or lack of clear communication during emergencies can lead to tragic outcomes.
These mistakes can cause permanent injuries that affect a child’s quality of life and a family’s financial stability.
Responsibilities of Delivery Room Staff
Doctors, nurses, and other delivery room staff have a professional and legal duty to follow accepted medical standards. This includes:
- Monitoring the Mother and Baby – Tracking vital signs, fetal heart rate, and contraction patterns throughout labor.
- Recognizing Warning Signs – Identifying distress signals early and taking immediate action.
- Maintaining a Sterile Environment – Preventing infections by following strict hygiene protocols.
- Using Medical Tools Properly – Ensuring forceps, vacuum extractors, and other tools are only used when necessary and in the correct manner.
- Coordinating Emergency Responses – Working quickly as a team to address sudden complications such as cord prolapse or hemorrhage.
- Communicating with the Family – Explaining risks, treatment options, and medical updates clearly and compassionately.
When delivery room staff fail in these responsibilities, and harm results, they may be held legally liable for medical malpractice.
How a New Mexico Delivery Complication Lawyer Can Help
Navigating a birth injury claim requires a deep understanding of both medical and legal complexities. At Harvey, Foote & Baker Law Firm, we will:
- Investigate the Incident – Reviewing medical records, staffing logs, and hospital protocols.
- Consult Medical Experts – Working with specialists to determine whether proper procedures were followed.
- Prove Negligence – Demonstrating how the medical provider’s actions (or inaction) fell below the accepted standard of care.
- Calculate Damages – Accounting for medical expenses, long-term care costs, lost income, and pain and suffering.
- Pursue Full Compensation – Negotiating with insurers or presenting your case in court if necessary.
Our goal is to provide compassionate legal guidance while aggressively pursuing justice for your family.
Baby Delivery Complication FAQs
Are all delivery complications considered malpractice?
No. Some complications occur despite proper medical care. However, if your provider failed to follow accepted medical standards and that failure caused harm, it may be malpractice.
How long do I have to file a birth injury claim in New Mexico?
In most cases, you must file within three years of the injury. However, special rules may apply for minors, so it’s important to consult a lawyer as soon as possible.
Can I sue for emotional distress after a delivery complication?
Yes. If medical negligence caused you or your child harm, you may seek compensation for emotional distress along with physical and financial damages.
What if my baby’s injury wasn’t noticed until months or years later?
Some injuries, such as developmental delays, may not be apparent immediately. You should contact a lawyer as soon as you suspect a connection to the delivery.
How much does it cost to hire a New Mexico delivery complication lawyer?
Most birth injury lawyers, including Harvey, Foote & Baker Law Firm, work on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact Harvey, Foote & Baker Law Firm Today
If your family has suffered due to a preventable delivery complication, you deserve answers—and justice. The experienced team at Harvey, Foote & Baker Law Firm is here to listen to your story, explain your legal options, and fight for the compensation you need to move forward.
Contact us today at (505) 295-2245 for a free consultation and let us help you on your journey to justice.
What Sets Us Apart
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You Deserve Maximum CompensationOur 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.
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You Deserve an Experienced Legal TeamOur 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.
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You Deserve New Mexico AdvocatesAt 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.
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You Deserve Dedicated RepresentationSince 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.

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

