Birth Injury Lawsuits in New Mexico
The birth of a child should be one of the most joyous days of a parent’s life. When something goes wrong, and the baby or mother is injured or dies, nothing could be worse.
Throughout history, birth injuries to both babies and mothers have steadily decreased. However, there are always risks. Doctors, nurses, hospitals, and other healthcare providers should always be aware of these risks and take appropriate measures to prevent tragedies from happening. However, this does not always happen. Every year, thousands of babies nationwide are born with paralysis, dystocia, or brain injuries leading to cerebral palsy or Erb’s palsy. Many even die because of complications in the womb or birth canal, and thousands of mothers are seriously injured or die when complications aren’t immediately diagnosed and remedied in time.
If you believe a hospital’s error or a doctor’s negligence caused an injury or death to your baby or the mother, talk to an Albuquerque birth injury attorney at Curtis & Co. Our lawyers have been helping families obtain justice following injuries and fatalities to babies and mothers due to error and negligence for decades. We handle complex cases on behalf of people throughout New Mexico and are prepared to fully explain your legal rights and options during a complimentary case review.
Call (505) 871-3740 or contact us online today to learn more. Hablamos español.
A birth injury is an injury to the baby or the mother that occurs during pregnancy, labor, or delivery. Birth injuries can also happen immediately after a baby is born. Unlike birth defects, which are often the result of genetic and/or environmental factors, birth injuries are caused by medical malpractice and negligence.
Some examples of relatively common birth injuries include:
- Shoulder Dystocia: Shoulder dystocia occurs when the baby’s shoulder(s) become lodged in the mother’s pelvis during delivery. Although most babies with shoulder dystocia are born safely, some experience serious injuries. Shoulder dystocia can lead to fractured arms or collarbones if the doctor attempts to forcefully remove the baby from the birth canal. It can also cause damage to the brachial plexus nerves, which may result in Erb’s palsy, Klumpke’s palsy, and partial or total paralysis of the affected arm. If the baby is not delivered quickly, he or she can suffer a loss of oxygen, which may lead to brain damage or death. In some cases, this condition can also cause birth injuries to the mother, such as postpartum hemorrhaging, perineum tearing, or uterine rupture.
- Cerebral Palsy: Cerebral palsy (CP) is a motor disability affecting balance, movement, and posture. In children, it is commonly caused by birth injuries. Specifically, when an infant loses oxygen, either before or during birth, it can cause brain damage that may result in CP. Untreated maternal infections or conditions, prolonged labor, an umbilical cord that is wrapped around the baby’s neck, and shoulder dystocia are some of the risk factors for oxygen deprivation and CP. In some cases, CP is caused by abnormal development of the brain while the baby is in the womb.
- Holoprosencephaly: Holoprosencephaly results in malformations of the face. The full extent of causes of holoprosencephaly is not known, but there is evidence of a higher incidence rate (particularly among baby girls) when the mother suffered a transplacental infection that was undiagnosed and left untreated.
- Cephalohematoma: Cephalohematoma is bleeding that takes place between the infant’s skull and the thin membrane that covers the bone (periosteum). It is typically caused by instruments used to extract the baby during an obstructed delivery or when the baby is too large for the birth canal. The condition often results in jaundice, anemia, and hypotension.
- Cesarean Section Injuries: When a baby cannot be delivered vaginally, medical providers must perform cesarean sections, or C-sections. This is a surgical procedure that requires careful skill and precision to avoid injury to the baby or the mother. Though rare, C-section injuries can and do happen. Often, these are the result of surgical errors, such as failure to monitor the mother or the baby, improper incisions, and damage to internal organs during surgery.
- Brain Damage: Infant brain damage is often caused by loss of oxygen and/or blood flow to the brain. This includes asphyxia, hypoxia, and anoxia—all serious conditions that can result in significant and permanent brain damage or death. Common causes of brain damage in newborns include prolonged labor, shoulder dystocia, failure to order a timely C-section, and failure to properly monitor the baby for signs of fetal distress.
These are just some of the many types of birth injuries to babies that can result when a licensed medical professional is negligent. Whether your baby’s injury was the result of improper prenatal diagnosis and treatment, an error in the delivery room, or an undiagnosed medical condition during neonatal care, your physician or healthcare facility may be liable for compensating your family for damages.
At Curtis & Co., we have a long history of representing children, parents, and families who have suffered the devastating, life-altering effects of a birth injury.
Some of the many cases our Albuquerque birth injury lawyers have handled involved:
- Cerebral palsy
- Erb’s palsy
- Klumpke’s palsy
- Brachial plexus injuries
- Oxygen deprivation leading to brain damage
- Shoulder dystocia resulting in paralysis of the neck and arms
- Persistent pulmonary hypertension
- Holoprosencephaly, resulting in developmental disability or death of the fetus
- Maternal hospital-acquired infections
- Surgical errors occurring during caesarian sections
- Vaginal tissue fissures and tears
- Misdiagnosis of maternal conditions and complications
- Medication errors
- Wrongful death of the infant or mother
No matter how serious or complex your case may be, you can count on our team to advocate for you throughout the entire legal process. We understand the enormous tragedy that has affected your family, and we want to help you hold the liable parties accountable for the pain, suffering, and trauma they have caused.
If you believe that your child or the mother were harmed or died due to medical negligence, it is important that you contact an experienced attorney as soon as possible. During this incredibly difficult time, it can be difficult to think about filing a lawsuit—but you only have a limited amount of time to bring your claim in court. The sooner you reach out to our team at Curtis & Co., the sooner our Albuquerque birth injury lawyers can begin explaining your options, gathering evidence to support your claim, and negotiating with the liable party for a fair settlement on your behalf. If necessary, we are fully prepared and willing to take your case to court.
There are no upfront or out-of-pocket costs when you hire our firm. We offer our legal services on a contingency fee basis, so you only pay attorney fees if/when we recover compensation for you. We invite you to reach out to us today to learn more.
Schedule a complimentary case evaluation with a member of our team by calling us at (505) 871-3740 or by submitting a secure contact form through our website.
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