Birth Injuries

Santa Fe Birth Injury Lawyer

Helping Families Hold Negligent Healthcare Providers Accountable for Birth Injuries in New Mexico

When you are pregnant and going to have a baby, you will have a team of doctors and nurses to help you. It can be a very stressful time, and you will be relying on that team to keep you and your baby safe. When those medical professionals are negligent in the care they provide, it can lead to a birth injury. Birth injuries can be life-altering for both the baby and the mother.

Some birth injuries can be temporary and heal on their own, while others can have lifelong consequences. If your baby has suffered a birth injury, you may be able to file a medical malpractice claim to recover compensation for your baby's injuries. A Santa Fe birth injury attorney can help you with your claim and fight for the full amount of compensation your baby deserves.

Contact us today at (888) 579-3866 to schedule a free consultation with our experienced birth injury lawyer in Albuquerque.

Common Types of Birth Injuries

Birth injuries are often the result of complications that occur during the labor and delivery process. When these complications are not properly managed, they can lead to injury for both the baby and the mother.

Common types of birth injuries include:

Brachial Plexus Injury: This occurs when the nerves controlling the arm and hand are damaged during delivery, often due to shoulder dystocia (difficulty delivering the shoulder).
Cerebral Palsy: Cerebral palsy is a group of disorders that affect movement and muscle coordination. It can be caused by brain damage or abnormal brain development before, during, or shortly after birth.
Perinatal Asphyxia: Perinatal asphyxia happens when the baby's brain doesn’t receive enough oxygen before, during, or immediately after birth. It can lead to brain damage or even death if not promptly treated.
Fractures: Fractures, particularly of the clavicle or collarbone, can occur during difficult deliveries, especially if forceps or vacuum extraction is used.
Intracranial Hemorrhage: This is bleeding within the baby's skull, which can lead to brain damage if not treated promptly.
Facial Paralysis: Pressure on the baby’s face during delivery can cause damage to the facial nerve, resulting in temporary or permanent facial paralysis.
Caput Succedaneum: Swelling of the soft tissues of the scalp, often caused by pressure from the birth canal during delivery.
Cephalohematoma: Collection of blood between the skull and the periosteum (the membrane covering the bones) of the baby's head, typically resulting from trauma during delivery.
Hypoxic-Ischemic Encephalopathy (HIE): This occurs when the brain doesn’t receive enough oxygen and blood flow, leading to brain damage. It can result from a variety of factors during childbirth.
Spinal Cord Injuries: Damage to the spinal cord during delivery can lead to paralysis or other neurological impairments.

The implications of these injuries can be far-reaching, affecting not only the immediate health of the baby but also their long-term development. For instance, issues like cerebral palsy may require ongoing treatment, physical therapy, and adaptations for mobility and daily living. Understanding the full scope of the injury's impact is vital for seeking appropriate treatment and support.

The Legal Process for Birth Injury Claims in New Mexico

In New Mexico, the legal process for birth injury claims involves several crucial steps to secure compensation for affected families. The process starts with a comprehensive evaluation of the incident to establish whether it was due to negligence. Gathering evidence is a priority, including medical records, expert testimonies, and documenting the impact of the injury on the child and family. Retaining a qualified birth injury attorney, such as those at James Wood Law, can significantly aid in navigating these complex steps.

Once evidence is collected, a complaint is filed in the appropriate court, initiating the formal legal process. The discovery phase follows, where both parties exchange pertinent information and depositions are taken. Throughout this process, negotiation for a settlement can occur. However, if satisfactory terms cannot be reached, the claim may proceed to trial. Understanding the legal framework and timelines in New Mexico, such as the statute of limitations, is crucial in ensuring timely and effective action.

FAQs About Birth Injuries

What Causes Birth Injuries?

Birth injuries can occur due to a variety of factors, including maternal health conditions, complications during pregnancy, problems during labor and delivery, and medical negligence. Here are some common causes of birth injuries:

Prolonged Labor or Difficult Delivery: When labor is prolonged or difficult, it increases the risk of birth injuries. For example, prolonged labor can lead to fetal distress, oxygen deprivation, and trauma during delivery.
Fetal Positioning Issues: Incorrect positioning of the baby during birth, such as breech (feet-first) or face presentation, can increase the risk of birth injuries. These positions may require special delivery techniques or interventions to prevent harm to the baby.
Large Birth Weight (Macrosomia): Babies born larger than average (macrosomic) are at increased risk of birth injuries due to the challenges of delivery through the birth canal. Shoulder dystocia, where the baby's shoulder gets stuck behind the mother’s pubic bone during delivery, is a common complication in macrosomic babies.
Maternal Health Conditions: Certain maternal health conditions, such as diabetes, high blood pressure (hypertension), preeclampsia, and gestational diabetes, can increase the risk of birth injuries. These conditions may affect fetal development or increase the likelihood of complications during pregnancy and delivery.
Umbilical Cord Complications: Problems with the umbilical cord, such as umbilical cord prolapse (when the cord slips into the birth canal ahead of the baby) or umbilical cord compression, can lead to fetal distress and oxygen deprivation, increasing the risk of birth injuries.
Use of Assisted Delivery Techniques: The use of forceps or vacuum extraction to assist with delivery can increase the risk of birth injuries, such as facial nerve damage, skull fractures, and soft tissue injuries.
Medical Negligence or Errors: In some cases, birth injuries may occur due to medical negligence or errors during prenatal care, labor, or delivery. This can include failure to diagnose or properly manage maternal health conditions, delayed or improper delivery interventions, or mistakes made during medical procedures.
Infections during Pregnancy: Infections contracted by the mother during pregnancy, such as rubella, cytomegalovirus (CMV), or toxoplasmosis, can increase the risk of birth defects and neurological complications in the baby.
Genetic Factors: In some cases, birth injuries may be related to genetic factors that affect fetal development or increase susceptibility to certain medical conditions or complications during birth.

The responsibility of healthcare providers in monitoring labor is paramount. During labor, vigilant monitoring of both the mother and baby can identify complications early and mitigate the risk of serious birth injuries. This includes using fetal monitoring equipment to track the baby's heart rate and other vital signs, which can help medical professionals react swiftly to potential issues.

What Are the Signs of a Birth Injury?

In some cases, the signs of a birth injury will be evident right away. You may notice that your baby is not moving correctly, or they may not be able to move certain parts of their body. You may also notice that they are not eating or sleeping well. If you have any concerns about your baby's health, you should contact their pediatrician right away.

Birth injuries are not always immediately apparent, and it may take some time before you notice any signs. As your baby grows, you may notice that they are not meeting certain developmental milestones. They may not be able to crawl, sit up, or walk when they should. They may also have trouble holding their head up or rolling over. If your baby is not meeting these milestones, you should bring this up to their pediatrician.

In addition to developmental delays, other potential indicators of birth injuries include seizures, excessive crying, and sensitivity to touch. Early detection is crucial, as prompt intervention can sometimes improve outcomes or mitigate further complications. Consequently, maintaining regular medical checkups and being observant of any unusual signs in your baby is advisable.

Some birth injuries are temporary and will heal on their own. Others can have lifelong consequences and may lead to permanent disabilities. If your baby has suffered a birth injury, you may be able to file a medical malpractice claim to recover compensation for their injuries.

What Steps Should I Take If I Suspect My Baby Has a Birth Injury?

If you suspect your baby has sustained a birth injury, it's critical to seek medical attention immediately to ensure that any necessary treatment can begin as soon as possible. Documenting your observations and the timeline of events surrounding the labor and delivery can also be beneficial. This includes noting any medical interventions or irregularities you noticed. Consulting with a birth injury lawyer promptly can help you understand your rights and options for potential legal action. These steps are crucial in building a case for any compensation you may be entitled to under the circumstances of the injury.

How Do I Choose a Birth Injury Lawyer in Santa Fe?

Choosing a birth injury lawyer involves considering their experience with similar cases and their understanding of specific New Mexico laws. Research potential lawyers' backgrounds, focusing on their history of handling birth injury claims. It’s advisable to schedule consultations to discuss your situation and learn about their approach to client care—important tenets at James Wood Law. A reliable lawyer will prioritize understanding your needs and guiding you through the process, ensuring communication is clear and expectations are well managed.

How Does Medical Malpractice Insurance Work in Birth Injury Claims?

Medical malpractice insurance is designed to protect healthcare providers from the financial risks associated with negligence claims. When a birth injury claim is filed, the insurer often steps in to manage the associated legal costs and potential compensatory payments to the injured party. For families, understanding the role of medical malpractice insurance is crucial as it can influence the settlement process. Assessing the coverage's scope and any caps on payouts can provide insight into the negotiations. This knowledge ensures informed decisions and prepares families for what to expect during claims discussions.

What Are the Long-Term Implications of Birth Injuries?

Birth injuries can have various long-term implications, ranging from mild developmental delays to severe disabilities requiring lifelong care. The extent of these implications often depends on the nature of the injury and the time between the injury and the commencement of treatment. Conditions like cerebral palsy or severe neurological damage can affect a child’s cognitive and physical development, potentially requiring ongoing therapy, special education, and adaptive equipment for daily living. Therefore, early intervention and comprehensive care planning are essential strategies for managing long-term impacts and ensuring the best possible quality of life.

Will My Baby’s Birth Injury Affect Their Future Educational Needs?

Birth injuries may have significant implications for a child's educational needs, depending on the severity and type of injury. Disabilities arising from birth trauma can influence learning abilities, necessitating specialized educational plans and support services in school. In New Mexico, schools offer Individualized Education Programs (IEPs) for children with special needs, ensuring tailored educational approaches to accommodate their conditions. Parents are encouraged to actively engage with educators and specialists to develop an IEP that best supports their child's unique learning requirements. Understanding these provisions can significantly aid in preparing for and supporting a child's educational journey.

What Types of Birth Injury Compensation Are Available?

Birth injuries can lead to lifelong disabilities for your baby. In some cases, they may not be able to live a normal life and will require around-the-clock care. They may also require multiple surgeries and other medical treatments. All of these expenses can add up quickly, and you may be wondering how you are going to pay for it all.

If your baby's birth injury was the result of medical malpractice, you may be able to recover compensation for your baby's medical expenses. This can include the cost of all past and future medical treatments, including surgeries, medications, and physical therapy. You can also recover compensation for any necessary home modifications and the cost of in-home care. In addition to these economic damages, you can also recover compensation for your baby's non-economic damages, such as pain and suffering.

Let Us Help You

If your baby has suffered a birth injury, you need to speak to a Santa Fe birth injury lawyer as soon as possible. At James Wood Law, we will review your case and help you determine if you have a valid claim. We represent clients in Santa Fe and throughout the state of New Mexico. We have the experience and resources to take on large hospitals and insurance companies.

Call (888) 579-3866 or contact us online to let us help your family get you the justice and compensation you all deserve.

When Experience Matters, Hire the Best

Multiple Verdicts and Settlements Obtained of $5,000,000 or More
Settled Hundreds of Cases Successfully
Board Certified Trial Lawyer by the National Board of Trial Advocacy
Rated AV Preeminent® by Martindale-Hubbell®
SuperLawyers in Medical Malpractice Law

Your Child Deserves Justice. So Do You.

If your child suffered a birth injury due to medical negligence, you need more than sympathy—you need a skilled, Board-Certified trial lawyer. At James Wood Law, we have decades of courtroom experience fighting for families like yours. We offer free consultations, home and hospital visits, and no fees unless we win.

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