Understanding Birth Injuries & Negligence
Birth injuries are physical or neurological injuries that occur shortly before, during, or immediately after delivery. Some problems may result from natural complications, even when medical professionals act reasonably. Others may occur because providers did not follow accepted standards of care. Sorting out the difference usually requires a careful review of the facts and records.
Common birth injuries can include oxygen deprivation that leads to brain injury, conditions such as cerebral palsy linked to events around birth, brachial plexus or shoulder injuries related to shoulder dystocia, and fractures or nerve damage from difficult deliveries. These conditions can affect movement, speech, cognition, and development. Many children will need ongoing medical care, therapies, and support services.
In some situations, negligence may be involved. Examples can include failing to properly monitor fetal heart tones, ignoring signs of fetal distress, delaying a necessary cesarean section, misusing delivery tools such as forceps or a vacuum device, or mismanaging maternal conditions like preeclampsia or gestational diabetes. Mistakes with medication, infections, or newborn resuscitation may also play a role.
Families in communities such as Alamogordo may deliver at a local hospital or clinic, and in some cases a mother or baby may later be transferred to a larger medical center in New Mexico for more intensive care. When we evaluate a potential case, we typically look at records from every facility involved in the pregnancy, labor, delivery, and neonatal care to understand the full picture.
Our work usually begins with obtaining and reviewing medical records and imaging, then consulting with appropriate medical professionals to assess whether providers met accepted standards. We cannot know whether malpractice occurred until that investigation takes place. However, we can listen to your concerns, review the timeline with you, and explain whether further legal review seems appropriate.
What To Do After a Suspected Birth Injury
After a difficult delivery or unexpected newborn complications, your first priority is caring for your baby and your own health. Many parents feel guilty for even thinking about legal action, or they worry that asking questions means they are blaming themselves. It is natural to feel conflicted and unsure.
Taking a few practical steps now can protect your child’s future and your ability to seek answers later. These actions do not accuse anyone of wrongdoing. They simply help preserve important information and support your child’s care. Our team can handle difficult conversations with providers and insurers so that you can focus on your family.
Practical Steps You Can Take
Consider these steps if you suspect a birth injury:
- Request copies of your prenatal, labor, delivery, and neonatal medical records, and keep them in a safe place.
- Write down your recollection of pregnancy and delivery, including who was present and what you were told at key moments.
- Follow through on recommended appointments with pediatricians, neurologists, therapists, or early intervention programs.
- Keep a journal of your child’s symptoms, diagnoses, therapies, and any concerns about development or behavior.
- Save bills, insurance statements, and receipts related to medical care, travel, and necessary equipment.
- Contact our firm to discuss what happened and learn whether a medical review of your case makes sense.
New Mexico law limits the time you have to bring a medical malpractice claim. Certain deadlines may also apply if a public hospital or clinic was involved. Because of this, it is usually wise to have a potential birth injury case evaluated as early as your situation allows.
How We Handle New Mexico Birth Injury Cases
When you reach out to James Wood Law, our first step is to listen carefully. We want to understand what you experienced during pregnancy, labor, and delivery, as well as your child’s current condition. We then explain how birth injury cases generally proceed in New Mexico so you know what to expect.
If we both decide to move forward with an evaluation, our team typically obtains the relevant medical records and imaging from all facilities involved. We review these materials in detail and, when appropriate, consult with medical professionals to assess whether accepted standards of care may have been violated and whether those violations could have contributed to your child’s injury.
Should we agree to pursue a claim, we work to build a full picture of how the injury affects your child and your family. This can include current and projected costs for hospitalizations, surgeries, medications, therapies, assistive equipment, home modifications, educational support, and the impact on your ability to work and care for your child. Our goal is to present a clear, well supported account of the harm involved.
New Mexico medical malpractice cases are governed by state law, including statutes that limit certain categories of damages. We analyze each case with these rules in mind. When the facts allow, we explore options that may permit recovery outside typical caps, especially when a child’s needs are expected to last a lifetime. Outcomes depend on many factors, so we are careful not to promise specific results.
In many situations, we work on a contingency fee basis, which means you do not pay attorney fees upfront. Instead, our fee is a portion of the recovery if we are able to obtain one for you. We explain the fee arrangement in writing before you decide whether to hire us so you can make an informed choice.
Frequently Asked Questions
How do I know if my baby’s injury was malpractice
The only reliable way to assess malpractice is through a careful medical and legal review. We usually obtain records, review the timeline with you, and consult with medical professionals when appropriate. After that, we can explain whether the facts support moving forward with a birth injury claim.
How long do I have to file a birth injury claim in New Mexico
Deadlines for medical malpractice claims depend on several factors, including the child’s age and whether a public entity was involved. Some time limits can arrive sooner than parents expect. We recommend contacting a lawyer as soon as you are able so potential deadlines can be identified and evaluated.
How involved will we need to be if we start a birth injury case
We handle the legal work so you can focus on your child, but your involvement is important. You can expect to help us understand your story, provide documents, and participate in key decisions. We aim to respect your time and explain each step so you know what to expect.
Talk With Our Birth Injury Team
If you believe your child’s birth injury in or near Alamogordo may be linked to medical negligence, you do not have to face these questions alone. Speaking with a firm that focuses on medical malpractice in New Mexico can help you understand what happened and what options you may have.
To schedule a consultation, call (888) 579-3866 or contact us online today.
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