How Birth Fractures Happen In Childbirth
Understanding how birth fractures occur can help families recognize when an injury may have been preventable. A birth fracture is a broken bone that happens around the time of delivery. The most common fracture is a broken collarbone, although fractures of the upper arm, leg, or skull can also occur. Some of these injuries heal well with proper care, while others may be associated with nerve damage or long term issues.
Fractures sometimes occur during difficult labors, especially when a baby is large, in an awkward position, or when there are complications such as shoulder dystocia. In some deliveries, providers use tools like forceps or vacuum extractors to assist. When used carefully and at the right time, these tools can help. When used with excessive force, at the wrong angle, or when a cesarean section would have been safer, they may contribute to avoidable fractures or other injuries.
Not every fracture is the result of malpractice. Some occur even when a medical team follows accepted standards of care. However, other fractures may be linked to delays in performing a cesarean, failure to recognize risk factors, improper traction on the baby’s head or limbs, or poor communication among the delivery team. Sorting out which category your child’s injury falls into requires a careful review of medical records, prenatal information, and the events of labor and delivery.
Our firm reviews delivery notes, fetal monitoring strips, imaging reports, and nursing documentation to understand both the medical facts and the timeline of decisions. We then compare those details to what reasonably careful providers should have done in similar circumstances.
Parents often notice warning signs that a birth fracture may have been avoidable, such as:
- Confusing or changing explanations from staff about when or how the fracture occurred
- A sense that labor went on for a long time despite signs of distress without offer of a cesarean
- Rushed or forceful use of tools like a vacuum extractor or forceps during delivery
- Visible bruising, swelling, or unusual limb position that was not acknowledged until later
If any of these sound familiar, it does not automatically prove negligence. It does suggest that a closer look by a medical malpractice lawyer may be appropriate. We work to give parents clear feedback about whether the care appears to have met accepted standards.
Steps To Take After A Birth Fracture
In the days and weeks after a birth fracture, parents juggle medical appointments, feeding schedules, and often sleepless nights. On top of that, they may feel pressure to decide quickly whether to explore legal options. We encourage families to take reasonable time to focus on their child’s health while also preserving important information.
Your baby’s medical care should always come first. Follow the treatment plan from the pediatrician and any specialists, such as pediatric orthopedists or neurologists. Ask questions about healing time, possible complications, and signs that should prompt follow up. You are entitled to clear answers and second opinions if you feel unsure about the plan.
It can also help to write down what you remember about the birth while events are still fresh. Include who was present, what you were told during labor, and when you first learned about the fracture. Keep copies of discharge summaries, imaging reports, referral notes, and any written materials from the hospital or clinic in one place. These records often become important later when evaluating a potential claim.
Practical steps that can protect your family’s options include:
- Ensuring your baby receives recommended follow up care and therapy
- Requesting copies of medical records and imaging related to pregnancy, labor, and newborn care
- Keeping a simple journal about your baby’s pain, sleep, and developmental progress
- Saving bills, receipts, and notes about time missed from work or travel for care
- Speaking with our firm for a free review when you are ready to discuss what happened
When you contact us, we listen carefully to your concerns and walk through the information you have. We then explain what additional records we typically request and how we assess whether there appears to be a viable medical malpractice claim. There is no obligation to move forward, and our goal is to give you a clearer understanding of your options.
Our Investigation Process For Clovis Families
When a family contacts us about a possible birth fracture malpractice case, we start by gathering key records. This typically includes prenatal records, labor and delivery notes, fetal monitoring strips if they are available, newborn summaries, imaging studies, and pediatric follow up notes. We review these documents carefully to understand the sequence of events, the decisions that were made, and how providers responded to any signs of trouble.
We then compare those actions to accepted standards of care for obstetricians, nurses, and other providers in similar situations. In some cases, it becomes clear that a provider failed to act when a cesarean section was indicated, pulled too hard on the baby’s head or limbs, or used tools in a way that was not appropriate. In other cases, the records support that the team acted reasonably, even though an injury still occurred. Our goal is to give families an honest assessment of where their situation appears to fall on that spectrum.
New Mexico has specific laws that govern many medical malpractice claims, including compensation caps that may apply in some situations. These rules can be confusing, and families often hear conflicting information about what they can recover. We explain in plain language how these laws may affect your case and how claims are structured to pursue full and fair recovery within that system. Throughout the process, we remain focused on what your child will likely need in the future, such as ongoing medical care, therapy, and support.
Frequently Asked Questions
Does a birth fracture always mean malpractice?
No. Some birth fractures occur even when providers act reasonably. Others may be linked to delayed decisions or excessive force during delivery. We review records and your description of events to see whether the care appears to fall below accepted standards in New Mexico.
How long do I have to file in New Mexico?
Medical malpractice cases are generally subject to strict time limits, and special rules may apply when a child is involved. The specific deadline can depend on several factors, including where care occurred. We recommend contacting us as soon as you can so we can evaluate timing.
Can I still see the same doctors if we call you?
Calling our firm to ask questions does not automatically change your relationship with any provider. Many families continue care with the same doctors while we review records. If you decide to pursue a claim, we can talk about practical options for ongoing medical treatment.
Talk With Our Team About Your Child’s Injury
If your baby suffered a fracture around the time of birth, you deserve clear answers about what happened and what options you may have. Speaking with a birth fracture malpractice lawyer can help you understand whether the care in the hospital appears consistent with accepted standards or whether there are signs of negligence.
Call (888) 579-3866 to speak with our team.
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