How Negligence Can Cause CP Or HIE
Cerebral palsy describes a group of conditions that affect movement and muscle tone. Hypoxic ischemic encephalopathy, often called HIE, refers to brain injury that occurs when a baby’s brain does not receive enough oxygen and blood. In some situations, these conditions develop even when everyone involved acts carefully. In other situations, preventable mistakes contribute to the injury.
Medical providers must monitor both mother and baby before and during labor. If fetal heart rate monitors show signs of distress and staff do not respond in time, a baby can experience oxygen deprivation. Delays in ordering or performing a needed cesarean section can also increase the risk of brain injury. Misuse of labor inducing drugs or failure to recognize a problem with the umbilical cord are other examples of issues that may arise.
Certain signs in the minutes and days after delivery can suggest that a baby suffered a significant lack of oxygen. These may include very low Apgar scores, seizures shortly after birth, the need for breathing support, or transfer to a neonatal intensive care unit. Some babies receive cooling therapy to reduce brain injury, which is often a response to suspected HIE. Later, delays in meeting developmental milestones can lead to a diagnosis of cerebral palsy.
Not every case of cerebral palsy or HIE is the result of malpractice. There can be genetic, developmental, or other medical factors. Determining whether negligence occurred usually requires a detailed review of prenatal records, labor and delivery notes, fetal monitoring strips, and newborn records. Our team collects these materials and works with appropriate medical professionals to evaluate whether the care you and your baby received met accepted standards.
For families in Alamogordo and across New Mexico, this careful investigation is often the first real opportunity to understand what happened. Even when it is painful to revisit the birth, many parents feel that having a clear picture of events is important for their peace of mind and for planning their child’s future.
Our Approach To Birth Injury Cases
When you reach out to us about a possible birth injury, our first step is to listen. We want to understand your pregnancy, labor, delivery, and your child’s medical journey so far. During an initial conversation, we typically ask about key dates, the facilities and providers involved, and any major events you remember, such as an emergency surgery or transfer to a different hospital.
If we believe there may be a medical malpractice claim, we gather your medical records and other relevant documents. This can include prenatal care records, hospital records from labor and delivery, newborn records, and imaging or specialist reports collected after birth. We then review these materials and, when appropriate, consult with qualified medical professionals to assess whether providers followed accepted standards of care.
When potential negligence is identified, we look closely at the full impact on your child and your family. That includes current and future medical care, physical and occupational therapy, speech services, assistive equipment, and possible home modifications. It can also involve educational support and, in some cases, reduced earning capacity for parents who must reduce work to provide care. We work to understand these needs so that they can be presented clearly in any claim.
Throughout the case, we keep communication clear and consistent. Families from Alamogordo and other communities may not be able to travel frequently, so we make use of phone and video meetings and provide updates in ways that fit your schedule. We explain each major step in plain language, whether we are preparing legal documents, filing a lawsuit, or engaging in settlement discussions.
Most medical malpractice cases, including those involving cerebral palsy and HIE, are complex and can take time to resolve. While we cannot predict the outcome of any particular case, our goal is always to present a thorough, well supported claim and to advocate strongly for your child’s needs. We typically handle these cases on a contingency fee basis. That means you do not pay attorney fees unless we recover compensation for you, which can make it easier to seek help while you are managing medical and household expenses.
What Parents Can Do Right Now
Many parents contact us months or even years after a difficult birth and worry that they have waited too long. In New Mexico, there are deadlines for filing medical malpractice claims, so it is important to act as soon as you feel ready. There are also practical steps you can take now that may help both your child’s care team and any later legal review.
If you still have records from pregnancy, delivery, or your child’s early medical appointments, keep them together in a safe place. If you do not have copies, you can usually request them from the hospitals and clinics that treated you and your baby. It can also be helpful to write down what you remember about the birth and early days, including any emergencies, transfers, or conversations with doctors that stand out.
Because it is natural to feel anger or confusion, some parents feel tempted to confront providers or sign forms quickly just to move on. We generally suggest speaking with a medical malpractice attorney before signing releases or accepting offers from insurance companies or risk management offices. These documents can affect your rights, and having legal guidance first can help you make informed decisions.
Simple steps that may support your child and protect your rights include:
- Keeping copies of medical records, reports, and discharge summaries in one place.
- Maintaining a journal of your child’s therapies, diagnoses, and daily challenges.
- Saving bills and receipts related to medical care, equipment, and travel.
- Documenting time you or other caregivers miss from work because of appointments.
- Contacting a medical malpractice attorney to review what happened and explain New Mexico deadlines.
When you contact James Wood Law, we can guide you through these steps, help you understand which records are most important, and let you know whether further investigation appears appropriate. You decide how to move forward after you have that information.
Frequently Asked Questions
How do I know if malpractice caused my child’s cerebral palsy?
The only reliable way to know is through a careful review of medical records and events. We look at prenatal care, monitoring during labor, delivery decisions, and newborn treatment, then consult with appropriate medical professionals. After this evaluation, we can explain whether the facts support a possible malpractice claim.
How long do I have to file a cerebral palsy lawsuit in New Mexico?
Deadlines for medical malpractice cases in New Mexico depend on several factors, including the child’s age and whether the provider is considered a qualified health care provider. Because these rules can be complex, we encourage you to contact us as soon as possible so we can evaluate the specific time limits that may apply.
How will your team make this process easier for my family?
We work to handle the legal details so you can concentrate on your child. That includes gathering records, communicating with insurers, and explaining each step in clear language. We are mindful of your time and emotional energy and strive to schedule meetings and updates in ways that fit your family’s routine.
Talk With Our Team About Your Child’s Case
If you are wondering whether medical negligence contributed to your child’s cerebral palsy or HIE, you do not have to sort through that question alone. A conversation with our team can give you a clearer picture of what happened and what legal options may exist under New Mexico law.
At James Wood Law, we combine focused medical malpractice work with compassionate, individualized attention. We take time to listen, to explain complex issues in simple terms, and to work toward outcomes that can help support your child’s long term needs. There is no charge to speak with us about your concerns, and you are under no obligation to proceed.
To arrange a free, confidential consultation, call (888) 579-3866.
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