Your case is our top priority, and we will leverage the full extent of our firm’s resources – including our hometown advantage – to deliver the results you deserve.
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
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.
