How Cerebral Palsy & HIE May Occur
Understanding what happened during pregnancy and birth can help you decide whether to talk with a lawyer. Cerebral palsy is a group of conditions that affect movement and muscle control. Hypoxic-ischemic encephalopathy refers to a type of brain injury that occurs when a baby’s brain does not receive enough oxygen and blood flow.
In some pregnancies and deliveries, problems arise even when everyone does their best. However, in other situations, medical errors may contribute to HIE and later cerebral palsy. Examples can include failing to monitor the baby’s heart rate properly, not responding to signs of fetal distress, delaying a necessary cesarean section, or using delivery instruments in an unsafe way. Serious issues can also occur after birth if a newborn’s breathing problems, infections, or seizures are not recognized and treated quickly.
Not every case of cerebral palsy or HIE is caused by malpractice, and it is often impossible for parents to know the difference from medical conversations alone. That is why review of medical records, timing of events, and provider decisions is so important. When we evaluate a potential birth injury case, we look at prenatal care, labor and delivery notes, fetal monitoring strips, and newborn records to understand what happened and when critical decisions were made.
Families in this part of New Mexico often receive care both at local clinics and at larger hospitals. We consider the full picture rather than focusing on one moment alone. This careful review can help determine whether the standard of care was met or whether preventable mistakes may have changed a child’s life.
What To Do If You Suspect Birth Injury
If you live in or around Los Lunas and are beginning to wonder whether your baby’s cerebral palsy or HIE might be connected to medical errors, you are not alone. Many parents come to us after being told that complications “just happened” but later learn about delays or problems in their medical records. Taking some organized steps now can help both your child’s care and any potential legal claim.
First, continue to focus on your child’s medical needs. Attend follow up appointments, keep therapy and specialist visits, and ask doctors to explain diagnoses and treatment plans in writing when possible. Second, start a simple folder or digital file where you keep copies of discharge summaries, test results, and notes from visits. These documents can be very helpful later when piecing together what occurred.
New Mexico law limits the time you have to file a medical malpractice claim. The exact deadlines can depend on several factors, including whether the providers are considered public or private entities. Because of this, it is usually wise to talk with a birth injury attorney as soon as you are ready, even if your child is still very young. A conversation does not commit you to a lawsuit. It simply helps you understand whether further investigation is appropriate.
When you contact our firm, we offer a free, confidential consultation to talk about your concerns. We listen to your story, explain how birth injury cases typically work in New Mexico, and discuss whether a full review of records is the next step. Our aim is to give you clear information so you can make informed choices for your family.
Steps To Protect Your Child & Claim
Here are practical steps that may help your family:
- Keep copies of prenatal, labor and delivery, and newborn records in one safe place.
- Write down your memories of pregnancy, labor, and the hospital stay while details are fresh.
- Follow through with recommended therapies and evaluations for your child.
- Avoid signing any releases or agreements from insurers before you understand their impact.
- Contact a birth injury attorney to discuss whether further investigation is warranted.
How Our Firm Builds Birth Injury Cases
Families often ask what happens after they reach out to us. Our process is designed to be thorough and understandable. It usually begins with a detailed conversation about your pregnancy, labor, delivery, and your child’s development so far. We then request and review medical records from prenatal care, the hospital where you delivered, and any facilities that treated your baby afterward.
We look carefully at the timeline of events, such as when contractions started, what fetal monitoring showed, when staff noted concerning signs, and how they responded. We compare these actions to accepted medical standards to see whether providers acted promptly and appropriately. This type of analysis can be especially important in cases involving oxygen deprivation around the time of birth.
If we agree to move forward with a case, we work to identify potential sources of compensation that may help cover lifelong needs. These can include costs of medical care, therapies, assistive devices, home modifications, and the loss of your child’s future earning capacity. We also consider the impact on parents who must reduce work to provide care, and the emotional strain the injury creates.
New Mexico has medical malpractice compensation limits that can affect certain parts of a recovery. We explain how those limits may apply in your situation and work to pursue every lawful path to fair compensation, including categories that may not be restricted. Throughout, we prepare the case with trial in mind, which means gathering evidence, organizing records, and building a clear story about what happened and how it changed your child’s life.
Our experience handling significant medical malpractice cases gives us insight into how insurers and defense lawyers approach birth injury claims. We use that knowledge to plan strategy while keeping your family’s goals at the center of every decision.
To talk with our firm about a potential cerebral palsy or HIE case, call (888) 579-3866 for a free consultation.
Frequently Asked Questions
How do I know if my child’s cerebral palsy was caused by malpractice?
The only reliable way to know is through a careful review of medical records and events around birth. We look at prenatal care, fetal monitoring, delivery decisions, and newborn treatment. If the care fell below accepted standards and caused harm, a medical malpractice claim may be appropriate.
How soon should I contact a lawyer after an HIE diagnosis?
It is generally wise to contact a lawyer as soon as you feel ready. New Mexico has time limits for medical malpractice claims, and some providers may have shorter notice requirements. Early contact gives us more time to obtain records, evaluate events, and advise you about deadlines that may apply.
What information should I bring to a consultation about my baby’s injury?
It helps to bring hospital discharge papers, any written diagnoses, and records from pediatricians or therapists. Notes you made about the birth, and a timeline of key events, can also be useful. If you do not have everything yet, we can discuss how to request additional records.
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