Curtis & Co. Curtis & Co.
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What Is a Maternal Birth Injury? 

A maternal birth injury is a birth injury that occurs to the mother, instead of the baby. A birth injury includes any injury that occurs during pregnancy, labor, delivery, or immediately after birth. Most often, these injuries are attributed to medical negligence. 

Thanks to advances in modern medicine, the risk of infant birth injuries and maternal birth injuries is very low in the United States. However, when doctors, nurses, midwives, obstetricians, hospitals, and other healthcare providers are negligent or fail to uphold an accepted standard of care, the risk of injury increases. 

Maternal birth injuries can lead to all sorts of physical, emotional, and financial consequences, both for victims and their loved ones. If you believe that your injury or your loved one’s death was the result of medical malpractice or negligence, reach out to our team at Curtis & Co. You could be entitled to financial compensation for your economic and non-economic damages, such as medical expenses, future care costs, pain and suffering, funeral or burial expenses, lost income, and more. Our Albuquerque maternal birth injury lawyers can help you with your claim and help you fight for the full, fair amount you are owed. 

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  • 25 Years of Experience
    Founding Attorney Lisa K. Curtis has pursued law since the young age of 6. This is all we've ever wanted to do, and we've done it well for decades.
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    We're a smaller firm so we can give our clients the focus and attention they deserve. You've been wronged, and we stop at nothing to make it right.
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    New Mexico is and always has been our home and chief priority. Our families go back centuries here, and we look to better this community with every move we make.

Types of Maternal Birth Injuries 

There are many different types of birth injuries to the mother. Some examples include: 

  • Vaginal Tears: Also known as “perineal lacerations,” vaginal tears can occur during delivery for a variety of reasons. If the birth happens too quickly, or if the baby’s head is too large, the mother may experience a vaginal tear. Sometimes, vaginal tears are the result of improper use of forceps and other assistive birthing devices. 
  • Pelvic Organ Prolapse: Pelvic organ prolapse occurs when pelvic organs, such as the uterus or the bladder, move into the vagina as a result of weakened pelvic floor muscles. There are many factors involved in this rare condition, some of the most common being pregnancy and vaginal delivery. 
  • Uterine Rupture: Ruptured uteruses are extremely rare. This occurs when the uterus tears, often due to babies that are very large in size, previous cesarean section scarring, or trauma, such as a car accident. Uterine rupture involves the baby and/or the placenta entering the mother’s abdominal cavity and may lead to a wide range of serious complications.
  • Uterine Inversion: An extremely rare condition, uterine inversion happens when the placenta fails to detach from the uterus and pulls the uterus out from the body when it emerges. Often, uterine inversion leads to severe hemorrhaging, shock, and death. 
  • Broken Bones: Although maternal fractures are rare, they can and do happen. One of the more common bone injuries during childbirth is a broken coccyx, or tailbone. In some cases, the pressure of the baby’s head causes bruising on the tailbone, as well. 
  • Nerve Damage: During a difficult pregnancy, labor, or delivery, the mother may experience injuries to various nerves, leading to nerve damage. Depending on the type of nerve affected, this can lead to a wide range of complications and lasting effects, including pain, weakness, numbness, and incontinence. 

This is not an exhaustive list of possible maternal birth injuries. If you or your loved one suffered an injury during childbirth or an untreated infection or complication during pregnancy, leading to injury and/or death, you could have a case. We encourage you to set up a complimentary consultation with our team today to learn more. 

Can You Sue for a Birth Injury to the Mother? 

You can sue a liable party, such as a doctor or hospital, for a birth injury to the mother if you can prove that the liable party failed to uphold the accepted standard of care. This does not just mean that there was a poor outcome but, rather, that the defendant did something another qualified provider would not have done or failed to do something another qualified provider would have done in the same or similar circumstances.

To have a maternal birth injury case, you will likely need to prove each of the following elements:

  • Duty of Care: You must establish that the defendant owed you a duty of care. This is most often done by proving that there was a patient-provider relationship between you and the defendant or someone for whom the defendant is legally responsible.
  • Breach: You will also have to prove that the defendant breached the duty of care they owed to you. Typically, this means proving that they failed to uphold the accepted standard of care for the given situation or circumstances.
  • Injury: You must prove that you were injured (or that your loved one died) to have a case. You must also prove that the injury (or death) led to measurable financial and/or non-financial damages for which you can be compensated.
  • Causation: Lastly, you must prove that the defendant’s breach of the duty of care—i.e., their failure to uphold the standard of accepted care—was the direct or proximate cause of your injury, the death of your loved one, and/or your damages.

At Curtis & Co., our Albuquerque maternal birth injury lawyers can assist you in identifying and proving each of these elements. We carefully review our clients’ claims and only accept cases we truly believe we can win. With the help of our in-house registered nurse and licensed physician, as well as our access to extensive legal and medical resources, we are prepared to build a powerful, evidence-based case on your behalf. 

We Are Very Selective About the Cases We Accept

Not every medical mistake results in liability for injuries, and not every injury is the result of a doctor’s mistake. There are specific criteria that must be met in order to file a legitimate, successful claim for medical malpractice. 

In general, the doctor, clinic, or hospital must fail to meet the expected standard of care, and the injury must be related directly to the error, misdiagnosis, or inappropriate medical treatment provided. We can examine applicable reports and records to determine whether the timeline of diagnosis, treatment, and care failed to meet the standards expected.

Because we are selective about the cases we accept, we are able to dedicate all of our time, energy, and resources to helping each individual client navigate the legal process. Our intensive focus allows us to provide every client with a high level of personal attention, respect, and support. We are communicative and honest, and our attorneys are prepared to do everything possible to help you and your family obtain the justice you deserve. 

Speak to Our Maternal Birth Injury Lawyers Today

If you suffered a birth injury because of a medical error in Albuquerque or anywhere in New Mexico, turn to the maternal birth injury lawyers of Curtis & Co. We are a team of dedicated personal injury attorneys with a strong record of successfully recovering full and fair money damages on behalf of women who have suffered injuries as a result of poor medical care or a doctor’s error during pregnancy, labor, or delivery.

Get in touch with us today to arrange a free consultation. We handle birth injury malpractice cases on a contingency fee basis. You pay no attorney fees unless you recover money in a settlement or jury award.

Call (505) 871-3740 or contact us online to get started. Hablamos español.

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