Santa Fe Birth Injury Lawyer

What is a Birth Injury?

A birth injury refers to physical harm suffered by a baby (or sometimes the mother) during labor, delivery, or immediately after birth. While some injuries are mild and heal quickly, others result in permanent disabilities that affect a child’s health, development, and quality of life.

It’s important to distinguish between birth injuries and birth defects. Birth defects are typically caused by genetic or developmental factors before birth, while birth injuries usually occur due to trauma or medical negligence during the birthing process.

When a healthcare provider’s mistake—such as improper fetal monitoring, delayed delivery, or misuse of delivery tools—leads to injury, families may have grounds to pursue a birth injury claim. Our Santa Fe birth injury lawyer at Harvey, Foote & Baker Law Firm can help investigate what went wrong and hold the responsible parties accountable.

Common Types of Birth Injuries

Birth injuries can vary in severity, but even minor injuries can have long-term effects. Some of the most common types include:

Cerebral Palsy

Often caused by oxygen deprivation or head trauma during delivery, cerebral palsy affects movement, muscle tone, and coordination. Children may face lifelong physical and cognitive challenges.

Brachial Plexus Injuries (Erb’s Palsy)

Damage to the nerves in the shoulder and arm during delivery—especially when excessive force is used—can result in weakness or paralysis of the affected limb.

Hypoxic-Ischemic Encephalopathy (HIE)

This condition occurs when a baby’s brain doesn’t receive enough oxygen and blood flow during labor. HIE can lead to severe neurological problems and developmental delays.

Facial Nerve Damage

Pressure from forceps or vacuum extractors can cause nerve damage, leading to facial drooping or difficulty moving parts of the face.

Fractures or Bone Injuries

Improper handling during delivery, particularly in breech births or cases involving shoulder dystocia, can lead to broken bones or dislocated joints.

Intracranial Hemorrhage (Brain Bleeding)

Trauma during delivery can cause bleeding within the baby’s skull, potentially resulting in seizures, developmental delays, or brain damage.

Common Causes of Birth Injuries

Not all birth injuries are the result of malpractice—but many occur because a medical professional failed to meet the standard of care. Common causes include:

Delayed or Improper Response to Fetal Distress

If doctors or nurses fail to recognize signs of fetal distress, such as abnormal heart rates, they may delay necessary interventions, causing oxygen deprivation or brain injury.

Misuse of Delivery Tools

Forceps and vacuum extractors can be useful when used correctly. However, improper use can cause nerve damage, skull fractures, or brain trauma.

Failure to Order a Timely C-Section

When complications arise—such as umbilical cord issues, breech presentations, or stalled labor—a prompt cesarean section may be necessary. Delays can lead to serious harm for both mother and baby.

Medication Errors

Incorrect dosages of labor-inducing drugs or anesthesia errors can affect uterine contractions, fetal oxygen levels, or cause harm during delivery.

Inadequate Prenatal Care

Failure to detect and manage high-risk pregnancy factors, such as infections, gestational diabetes, or preeclampsia, increases the likelihood of complications during birth.

How a Santa Fe Birth Injury Lawyer Can Help

Medical malpractice cases are complex, requiring thorough investigation, expert testimony, and a deep understanding of both medicine and law. Our legal team can:

• Investigate your case to determine if negligence occurred.
• Consult medical experts to evaluate the standard of care provided.
• Gather evidence, including medical records, witness statements, and expert analyses.
• Calculate damages, including medical expenses, therapy costs, future care needs, and pain and suffering.
• Negotiate or litigate for maximum compensation on your behalf.

We approach every case with compassion and determination, ensuring that your family receives the justice and financial support you deserve.

Compensation in Birth Injury Cases

If medical negligence caused your child’s injuries, you may be entitled to compensation for:

• Medical expenses (past, present, and future)
• Physical and occupational therapy
• Specialized equipment and home modifications
• Lost wages or diminished earning capacity
• Emotional distress and pain and suffering
• Loss of quality of life

In severe cases, birth injury settlements or verdicts may include lifetime care costs, ensuring your child has access to necessary medical and developmental resources.

Birth Injury FAQs

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

Only a thorough legal and medical review can confirm whether negligence occurred. If you suspect malpractice, consult a Santa Fe birth injury lawyer promptly for an evaluation.

Is there a time limit to file a birth injury claim in New Mexico?

Yes. New Mexico’s statute of limitations for medical malpractice claims generally allows three years from the date of the negligent act. However, for minors, this timeframe may be extended—so speak with an attorney as soon as possible.

What if the injury wasn’t immediately obvious?

Some birth injuries, like developmental delays, may not appear until months or years later. A lawyer can help you determine whether you still have time to file a claim.

Can I afford a birth injury lawyer?

Yes. Harvey, Foote & Baker Law Firm handles birth injury cases on a contingency fee basis, meaning you pay nothing unless we win compensation for your family.

Contact a Trusted Santa Fe Birth Injury Lawyer

If your child has suffered due to medical negligence, you don’t have to face this alone. Our Santa Fe birth injury attorneys at Harvey, Foote & Baker Law Firm are here to help you seek justice and financial support for your child’s future.

Call us today for a free, confidential consultation. We’ll review your case, explain your options, and fight tirelessly to hold negligent medical professionals accountable.

If you believe your child suffered a birth injury in Santa Fe, contact Harvey, Foote & Baker Law Firm for guidance.