When Is a Birth Injury Medical Malpractice in New Mexico?

Birth injuries occur more often than most expecting parents realize, but not every one of them points to medical malpractice. Sometimes complications arise despite a provider’s efforts, and no one is legally at fault. To bring a valid malpractice claim, you must show that a healthcare provider failed to meet the standard of care expected within their specialty and that failure caused your baby’s injury. The question is, when is a birth injury medical malpractice in New Mexico?

Common Types of Birth Injuries and Their Causes

Birth injuries are injuries to babies that occur during labor or delivery. These injuries often result from:

• Medical negligence during labor or delivery
• The improper use of medical devices, such as forceps or vacuums
• The use of certain prescription drugs
• Failure to diagnose complications like preeclampsia

The types of harm that result to babies from these issues vary. They can include:

• Hypoxia
• Shoulder dystocia
• Brachial plexus
• Brain injuries

Traumatic births can lead to long-term issues, particularly in cases that involve brain damage. A lack of oxygen during the birth can cause cerebral palsy or Erb’s palsy, for example.

Improper prenatal care can also lead to birth injuries that may be considered medical malpractice. This can occur when a doctor or pharmacist prescribes a medication known to be harmful during pregnancy, without adequate warning or a safer alternative, and that decision directly results in harm to the baby.

Sometimes, accidents also happen despite a doctor’s competence and reasonable care. When that happens, you may not be able to file a birth injury claim.

When to File a Claim

If your baby suffered a traumatic birth injury, you should speak with a birth injury attorney as soon as possible to get help deciding whether to file a claim. They can look at the medical records, interview witnesses, and hire professionals to determine what happened and who is at fault.

To prove a medical malpractice claim, you must show that the doctor’s care fell below the generally accepted standard of care within their specialty and that your baby’s injuries were a direct result of that provider’s failure. If you can do that, it’s worth filing a claim.

Damages Available in Birth Injury Cases

Here in the Land of Enchantment, it doesn’t matter whether the birth injury occurred in a hospital or a birthing center. The providers caring for the mother and baby can be held liable for any damages that occurred as a result of negligent care. Those damages can include:

• Economic damages. Economic damages include things like medical bills, future medical expenses, loss of future income due to disability, and other tangible losses.
• Noneconomic damages. Noneconomic damages can be much more subjective. They include things like pain and suffering and loss of consortium.
• Punitive damages. The State of New Mexico allows punitive damages to be awarded in medical malpractice cases, though their total value may be capped. You’ll only receive punitive damages if there is clear and compelling evidence that the provider acted maliciously or with extreme negligence.

Your attorney can help you identify 100% of the damages available in your birth injury case so that you can be fully compensated for the harm your family has suffered. If your baby did not survive their birth injuries, our team can help you file a wrongful death claim.

How Common Are Birth Injuries in New Mexico?

Some types of birth injuries are more common than others. Cephalohematoma occurs in 2.5% of all births, but is more common with forceps- or vacuum-assisted deliveries. Subgaleal hemorrhage occurs in 4 out of every 10,000 spontaneous live vaginal births and 59 out of 10,000 vacuum-assisted deliveries. Brachial plexus injuries occur at a rate of around 2.5 per 1,000 live births.

From July 2024 through July 2025, 20,235 babies were born in New Mexico. Given the statistics regarding birth injuries just cited above, that amounts to a significant number of families dealing with the aftermath of difficult, traumatic births. Birth injury lawyers can help these families file claims and get access to the compensation they need to pay for medical care and find ways to move on with their lives.

FAQs

How Long After Birth Can You File a Claim for Malpractice?

You can file a claim for malpractice three years after a birth injury. However, children under the age of six at the time of injury in New Mexico have until their 9th birthday to file a claim. It is imperative not to wait to file a claim, as it can take time to gather evidence and prepare your case. Reaching out to an attorney sooner rather than later can help your claim.

How Much Compensation Can You Get for Birth Negligence?

How much compensation you can get for birth negligence depends on several factors. These include the severity of the injuries your child suffered at birth due to the provider’s negligence and what level of liability the responsible party was assigned. The hospital’s malpractice insurance policy limits could also play a role in determining your settlement amount.

What Are the Success Rates of Birth Injury Malpractice Claims?

The success rates of birth injury malpractice claims vary. Your claim could be more likely to be successful if you have substantial evidence that proves the provider is liable for the injuries and that they occurred due to that provider’s breach of the commonly accepted standard of care within their field. Hiring a birth injury lawyer can improve your odds of filing a successful claim.

What Are the Four Criteria for Proving Medical Malpractice?

The four criteria for proving medical malpractice are duty of care, which every doctor holds toward their patients; breach of duty, which occurs when a doctor fails to uphold the standard of care established within their specialty; causation, which indicates that the doctor’s failure led directly to your baby’s injuries; and damages, which are the compensable harms suffered by your family as a result of the injury.

Hire a Birth Injury Lawyer Today

If you believe your child’s birth injury was caused by medical malpractice, it’s time to hire a birth injury lawyer who can help you with your case. The team at Branch Law Firm is here to help. We have been in practice since 1966, and in the intervening time, we have developed a clear idea of how to handle birth injury claims and leverage New Mexico birth injury laws to get our clients the results they deserve. Contact us to schedule an initial consultation today.