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

What is Cerebral Palsy?
Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and posture. It is caused by abnormal brain development or damage to the developing brain, often before, during, or shortly after birth. The condition is permanent and non-progressive, meaning it does not worsen over time, but its symptoms can vary greatly in severity.
There are four main types of cerebral palsy:
- Spastic CP: The most common type, characterized by stiff muscles and exaggerated reflexes.
- Dyskinetic CP: Causes involuntary movements, often twisting or repetitive.
- Ataxic CP: Affects balance and coordination.
- Mixed CP: A combination of two or more types.
While some children with cerebral palsy experience only mild symptoms, others may require lifelong care and support.
Common Causes of Cerebral Palsy from Medical Malpractice
Cerebral palsy can result from genetic factors or unavoidable complications, but in many cases, it is caused by preventable medical errors during pregnancy, labor, or delivery. When medical professionals fail to uphold the standard of care, they may be held legally responsible for the resulting harm.
Examples of medical malpractice that can lead to cerebral palsy include:
- Failure to monitor fetal distress: Not responding to signs that the baby is in distress can deprive the brain of oxygen (hypoxia).
- Improper use of delivery tools: Misuse of forceps or vacuum extractors can cause head trauma.
- Delayed C-section: Waiting too long to perform a cesarean delivery when medically necessary.
- Negligent prenatal care: Failing to diagnose and treat infections, such as meningitis, or maternal conditions like preeclampsia.
- Failure to prevent or treat jaundice: Severe untreated jaundice can lead to a dangerous condition known as kernicterus, which can cause brain damage.
If your child’s cerebral palsy was caused by negligent medical care, you have the right to pursue a birth injury claim. An experienced Albuquerque cerebral palsy attorney at Harvey, Foote & Baker Law Firm can help you gather the evidence needed to build a strong case.
Long-Term Effects of Cerebral Palsy
Cerebral palsy is a lifelong condition that can significantly impact a child’s development, independence, and overall quality of life. The long-term effects often include:
- Mobility challenges: Difficulty walking or moving without assistance; some children may require wheelchairs or mobility aids.
- Speech and communication issues: Delays in speech development or the inability to speak clearly.
- Feeding and swallowing difficulties: Risk of malnutrition or aspiration pneumonia.
- Cognitive impairments: Some children may experience intellectual disabilities or learning difficulties.
- Seizure disorders: Epilepsy is common in children with cerebral palsy.
- Muscle and joint problems: Contractures, scoliosis, and chronic pain can develop over time.
These effects often require extensive medical care, therapy, special education, and adaptive equipment, which can be financially overwhelming for families.
Treatment for Cerebral Palsy
While there is no cure for cerebral palsy, early intervention and a comprehensive treatment plan can help improve a child’s functional abilities and quality of life. Treatment options typically include:
- Physical therapy: Improves motor skills, balance, and muscle strength.
- Occupational therapy: Helps with daily tasks and promotes independence.
- Speech therapy: Enhances communication and feeding abilities.
- Medications: Used to manage muscle stiffness, pain, or seizures.
- Surgical interventions: May be necessary to correct musculoskeletal problems or reduce spasticity.
- Assistive devices: Wheelchairs, braces, communication boards, and other adaptive tools.
Families often face ongoing medical costs, home modifications, and specialized education services. Through a successful legal claim, you may be able to recover compensation to support your child’s lifelong needs.
Cerebral Palsy FAQs
How do I know if my child’s cerebral palsy was caused by medical negligence?
It can be difficult to determine without a legal and medical investigation. Our Albuquerque cerebral palsy attorneys work with medical experts to analyze your medical records and identify whether malpractice occurred.
What damages can I recover in a cerebral palsy lawsuit?
You may be entitled to compensation for medical expenses, future care costs, lost wages (if you had to leave work to care for your child), pain and suffering, and more.
Is there a time limit to file a cerebral palsy claim in New Mexico?
Yes, New Mexico has a statute of limitations for medical malpractice claims. Typically, you have three years from the date of the injury or discovery of the injury to file a claim, though exceptions may apply for minors. It’s best to contact an attorney as soon as possible.
How long does a cerebral palsy case take to resolve?
The timeline varies depending on the complexity of the case, but it can take several months to a few years. Our team at Harvey, Foote & Baker Law Firm is committed to keeping you informed and moving your case forward efficiently.
Will I need to go to court?
Many cerebral palsy cases are settled out of court, but if a fair settlement cannot be reached, we are prepared to take your case to trial to fight for the compensation your child deserves.
Speak with an Albuquerque Cerebral Palsy Lawyer Today
At Harvey, Foote & Baker Law Firm, we are passionate about advocating for families affected by preventable birth injuries. If you believe your child’s cerebral palsy resulted from medical negligence, we are here to help you seek justice and secure the financial resources your child needs now and in the future.
Our Albuquerque cerebral palsy attorneys offer free consultations and work on a contingency fee basis—you pay nothing unless we win your case.
Contact us today at (505) 295-2245 to schedule your free consultation. Let us help you hold negligent healthcare providers accountable.
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.

Real Clients. Real Stories.
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.

