What Is Considered Medical Malpractice in a Birth Injury Case?

Medical malpractice occurs when obstetricians, gynecologists, or other healthcare professionals deviate from the accepted standard of care during pregnancy, labor, delivery, or postnatal treatment. This includes failures such as inadequate prenatal care, failure to diagnose or treat infections, improper monitoring during labor, mismanagement of delivery procedures, misuse of forceps or vacuum tools, failure to perform emergency C-sections, and failure to treat newborn conditions such as jaundice or respiratory distress.

What Types of Medical Malpractice Cause Preventable Birth Injuries?

Preventable birth injuries can occur due to several types of medical malpractice, including failure to provide proper prenatal care, failure to diagnose or treat maternal infections, failure to monitor vital signs during labor, mismanagement of dystocia or breech deliveries, failure to detect umbilical cord issues, improper response to cardiac complications, misuse of birth-assisting tools, failure to perform timely emergency C-sections, and failure to treat newborn conditions such as jaundice or respiratory distress. Mistakes during or after surgery, including anesthesia complications, can also lead to preventable injuries.

Are Preventable Birth Injuries Sometimes Misrepresented as Inevitable?

Yes. Parents are often led to believe that a preventable birth injury was inevitable. However, even when risk factors are present, doctors and nurses are trained to anticipate complications, remain vigilant, and respond appropriately to the mother and child’s needs. When they fail to uphold these duties, preventable injuries can occur.

Albuquerque Birth Injury Lawyer

Q: Why Do You Need an Albuquerque Birth Injury Attorney?

Claims involving birth injuries are extremely serious and often require an experienced Albuquerque birth injury attorney. Parents may assume that a physician did everything possible to prevent the injury, but this is not always true. An attorney can evaluate the situation, determine whether the injury could have been prevented, and advise you on legal options. Hospitals or birthing centers may send insurance representatives who offer inadequate settlements, especially in cases involving lifelong medical needs. An attorney can fight on your behalf to secure justice and compensation for medical expenses, lost income, and pain and suffering.

Q: What Is a Birth Injury?

A birth injury is harm that occurs during pregnancy, labor, or delivery. While most trauma occurs during childbirth, mothers may also suffer injury. Although monitoring typically occurs during pregnancy, medical professionals may fail to diagnose, treat, or care for the mother and child after delivery. Common birth injuries handled by the Branch Law Firm include brain injuries caused by reduced blood flow, C-section complications, eclampsia, Erb’s palsy, fetal distress, improper fetal monitoring, infections, hypoxia, kernicterus, shoulder dystocia, umbilical cord compression, pitocin overdose, uterine rupture, and more.

albuquerque birth injury lawyer

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Albuquerque Birth Injury Attorney

At the Branch Law Firm, our Albuquerque birth injury lawyers understand malpractice often causes complications & injuries during labor and delivery. Examples include a delay in emergency C-sections and inattention to the fetal heart monitor. A low oxygen level can cause brain damage, resulting in cerebral palsy, and complete oxygen deprivation can lead to death.

Another C-section complication is Erb’s palsy, which results in a baby getting stuck behind the pubic bone. In an attempt to avoid a C-section, some OB-GYNs force the baby through the birth canal, causing extensive damage to the nerves on the top of the arm. An ectopic pregnancy, when untreated, can also be fatal.

Albuquerque Birth Injury Attorney at the Branch Law Firm

The harm caused during the birthing process can have long-term detrimental consequences not only for the child but for the whole family. If you were hurt or experienced damage caused by a New Mexico health care provider, please contact the Branch Law Firm. Our Albuquerque birth injury lawyers work tirelessly to bring claims against the medical professionals who caused harm.

Why Choose Our Birth Injury Lawyer?

We understand how traumatic a birth injury can be, and we can pursue justice on behalf of your family. The Branch Law Firm has a niche focus on personal injury law and frequently handles medical malpractice cases, including birthing injuries.

Our Albuquerque medical malpractice attorneys take cases on a contingency-fee basis, which means you don’t pay any legal fees until we recover compensation for you. Our firm has more than 50 years of experience advocating for injury victims and their families.

The Branch Law Firm has worked to recover millions of dollars in settlements for our injured clients. Every case is different, and results may vary. While compensation can’t take away the pain of what happened to you and your baby, it can help with the burden of your financial losses and help hold the accountable party responsible for what they did, helping make sure they don’t cause future harm to other parents.

Why Do You Need an Albuquerque Birth Injury Attorney?

Claims involving birth injuries are incredibly serious matters that should not be taken lightly in Albuquerque. As a parent, you might assume a physician did everything they could to prevent the injury. However, that is not typically the case.

When this situation happens, it’s critical to hire a birth injury lawyer. An attorney experienced with these types of claims can assess your situation and advise you on your legal options if more could have been done. The legal team at the Branch Law Firm regularly handles Albuquerque client cases at the Bernalillo County Courthouse, located at 400 Lomas Boulevard Northwest.

After a birth injury event, the birthing center or hospital may send an insurance representative to speak to you. Without the professional advice of an Albuquerque birth injury attorney, you may end up accepting a settlement offer that is too little to fully meet your family’s financial needs – especially if the injury results in a lifetime of medical challenges for your child.

It can be frightening to go up against a physician or hospital, which is why an attorney can explain New Mexico’s birth injury laws and pursue the justice your child and your family are owed, as well as enough compensation to cover any current and future medical expenses related to the birth injury, your lost income from taking care of your child, and any pain and suffering endured.

What is a Birth Injury?

A birth injury can occur during pregnancy, labor, or delivery. Many times, the child experiences the most trauma during childbirth. However, the mother may also suffer harm due to the event. The mother and child are usually monitored closely throughout the pregnancy; however, this may not be the case post labor and delivery.

Medical professionals sometimes fail to diagnose, treat, or care for the mother and child post-birth. The following is a list of birth injuries the Branch Law Firm handles:

Brain injury from reduced blood flow/ischemia
Cesarean (C-Section) delivery
Eclampsia and pre-eclampsia. Eclampsia is a serious condition that can cause the pregnant parent to experience seizures. Pre-eclampsia is the lead-up to eclampsia, with symptoms such as high blood pressure and protein in urine. If medical professionals fail to diagnose these conditions, it can lead to severe or even fatal consequences for the parent. Categorized as part of hypertensive disorders of pregnancy, these conditions affect 5-10% of pregnancies worldwide every year.
Fetal distress. Fetal distress, also called non-reassuring fetal status, happens when a fetus has changes in heart rate, movement, or a lack of oxygen before or during labor. Fetal distress needs to be addressed as quickly as possible to avoid adverse side effects, such as brain damage.
Forceps/vacuum extractions. These medical tools are used when a delivery is long or difficult. However, if improperly handled, these devices can cause further injury to the baby, including brain bleeds, skull fractures, and cerebral palsy.
High bilirubin, which commonly leads to jaundice. Jaundice makes the baby’s skin, whites of their eyes, and gums turn yellow.

Jaundice is very common in infants and is caused by a buildup of bilirubin in a baby’s blood. This happens because their livers aren’t developed enough to clear the bilirubin. Jaundice commonly occurs in premature babies. Around 80% of preterm babies develop jaundice, with 60% of term babies developing it in the first week after birth.

When this happens, close monitoring is required. If a medical professional fails to follow proper procedure, and the jaundice worsens or isn’t treated quickly, it can lead to several complications, such as cerebral palsy, deafness, or brain damage.

Hypoxia/hypoxic ischemic encephalopathy/birth injuries from lack of oxygen. Hypoxic ischemic encephalopathy (HIE) is a severe condition that happens to newborns when the blood flow to their brain before, during, or after birth is reduced or stopped. This can cause developmental delays, intellectual disabilities, epilepsy, cerebral palsy, and heart problems.
Improper fetal monitoring during labor
Infections/sepsis
Erb’s palsy. This common condition happens when an infant is injured during delivery, leading to muscle weakness in the arm or shoulder. Some babies with Erb’s palsy get better with time, leading to full recovery, while others are unable to heal. It’s estimated that Erb’s palsy occurs every 0.9 to 2.6 live births per 1,000.
In vitro fertilization
Kernicterus. This rare condition is a complication of severe jaundice that affects the baby’s brain. This can lead to hearing loss and permanent brain damage if left untreated.
Low blood sugar
Pitocin overdose errors. Pitocin is a synthetic form of oxytocin and is commonly used to induce labor in those who are having specific pregnancy complications. Use of Pitocin needs to be closely monitored, as it has several risks involved. It can sometimes result in the fetus receiving decreased amounts of oxygen, causing fetal distress or brain damage. Medical providers need to closely monitor the effects of Pitocin and reassess when recognizing signs of adverse side effects.
Shoulder dystocia. This condition occurs during vaginal delivery, when one or both of the baby’s shoulders get stuck. This can lead to a multitude of complications, potentially leading to paralysis in the baby’s arms, hands, wrists, shoulders, or elbows.

To avoid complications, medical professionals must not use excess force but adhere to proper procedures to maneuver the baby into a safe position.

Common Types of Medical Malpractice in a Birth Injury Claim

It is considered medical malpractice when a mother’s obstetrician, gynecologist, or other healthcare professionals she trusts to properly care for her and her baby deviate from their required standard of care.

Types of medical malpractice actions that commonly cause preventable birth injuries include:

Failure to provide adequate prenatal care, including diagnosing and treating maternal conditions
Failure to diagnose and treat the mother for infections during pregnancy
Failure to monitor vital signs during labor and delivery
Umbilical cord compression. Umbilical cord compression happens when the umbilical cord stretches and compresses during labor, which can slow down blood flow to the infant. Your medical provider needs to act quickly in these situations to resolve the issue and avoid long-term brain damage to your baby.
Uterine rupture/vaginal birth after a C-section. After having a child via C-section, a parent may want to try to give birth vaginally for their next child. While rare, the uterine wall may tear, which can lead to life-threatening complications that need to be handled quickly. Close monitoring of you and your baby during the labor process is key to avoiding a uterine rupture.
Lack of labor preparedness and mismanagement of the normal delivery procedure
Mismanagement of dystocia or breech deliveries. During regular births, a baby’s head faces the birth canal. Breech births happen when the infant’s feet are facing the birth canal, leading to serious complications such as oxygen deprivation or brain hemorrhage.
Failure to detect and address problems with the umbilical cord
Failure to respond to cardiac complications during birth
Misuse of birth-assisting tools, such as forceps and vacuum extractors
Failure to perform a medically advisable emergency cesarean section. In 2023, 28.4% of all live births in New Mexico were a C-section. When a medical professional delays a medically necessary C-section, it can cause harm to the parent and child.

If during labor, the physical condition of the fetus begins to change for the worse, such as low oxygen levels or a slowing heart rate, an emergency C-section is typically the safest option for both parent and baby.

However, if medical professionals don’t recognize these changes, it can lead to long-term harm for the baby and health risks for the pregnant parent.

Failure to treat conditions in the newborn, such as meconium aspiration syndrome, infant respiratory distress syndrome, or jaundice
Failure to address and correct adverse effects from surgery or drugs, including complications from anesthesia and epidural toxicity

When a birth injury occurs, parents are often misled to believe that the preventable mistake was inevitable. However, even when a mother presents a major risk factor, the doctors and nurses should be trained in how to ensure a healthy delivery by responding to the patient’s specific medical needs and remaining vigilant.

Signs for Birth Injury Cases in New Mexico

Due to the wide variety of complications that can arise during pregnancy, many parents may feel worried about abnormal signs to watch out for in the pregnant parent. These warning signs can include:

A persistent headache that gets worse over time
Dizziness
Fainting
A fever over 100.4
Chest pain
Fast beating heart
Vision changes
Overwhelming exhaustion
Severe stomach pain
Thoughts of harming yourself or the baby
Vaginal bleeding or other fluids during or after pregnancy
Severe nausea and vomiting
Extreme swelling on the hands or face
Trouble breathing
The fetus’s movement stops or slows
Severe swelling or redness in the arms or legs

Diagnosing Birthing Defects in a Fetus

To diagnose your baby, your doctor may conduct several diagnostic tests. These are often offered to pregnant parents who are over the age of 35, have had a previous child affected by a birth defect, are living with chronic diseases such as lupus, epilepsy, or diabetes, and who use specific medications. These diagnostic tests can include:

A high-resolution ultrasound. This type of ultrasound allows doctors to get close views of the fetus to look for potential birth defects or other issues. These are typically conducted around 18 to 22 weeks into the pregnancy.
Chorionic villus sampling. To check for genetic disorders, doctors may collect and test samples of your placenta. This is typically done around 10 to 12 weeks into the pregnancy.
Amniocentesis. Doctors may collect the amniotic fluid surrounding your fetus to test for Down syndrome and other genetic issues, including cystic fibrosis. This is generally done around 15 to 18 weeks into the pregnancy.

After birth, you may notice things that cause concern. Seek help from a doctor if your baby experiences:

Excessive drooling
Yellowing skin and whites of the eyes
Loose or stiffened muscles
Their hand curled into a claw-like shape
High-pitched crying
Low oxygen levels
Slower heart rate
Sensitivity to light
Difficulty eating, drinking, or swallowing
An arched back while crying
Weak reflexes

Around the one-year point after birth, certain symptoms in babies may cause concern for parents, including:

Cognitive delays, such as poor memory
Challenges with eating or drinking
Poor hand-eye coordination
Difficulties with hearing, vision, or speech
Involuntary muscle spasms
Seizures
Difficulty moving without support
Balance issues
Increased or decreased muscle tone

No matter what, if you feel uneasy about your pregnancy, it’s important to consult with a medical professional to ease your concerns. Early intervention is key to preventing further damage to you and your baby.

How New Mexico Medical Malpractice Laws Apply to Birthing Injuries

During a birth injury case, victims are eligible to request damages. These damages help them recover their financial and emotional losses, such as:

Medical bills
Lost income, due to missing work from injuries
Damage to personal belongings
Pain and suffering
Loss of enjoyment of life
Disability
Disfigurement

If you can collect enough proof to prove that the party that harmed you was acting with extreme malice or recklessness, you may be awarded punitive damages. For example, if the doctor in charge of your delivery has had several previous claims made against them about the same type of birth injury, the court may award you punitive damages. These damages act as further punishment to the wrongdoer and work to deter similar behavior from continuing in the future.

Victims of a birth injury in New Mexico typically have three years from the date of the incident to file their legal claim. While this may seem like a long deadline, filing as early as possible can increase your chances of success in your medical malpractice case. The longer you wait, the harder it becomes to preserve necessary evidence and the more your losses continue to pile up.

Hold Negligent Medical Providers Accountable and Hire a Birth Injury Lawyer to Represent Your Unique Birth Injury Claim

If you or your child suffered a birth injury from a New Mexico health care professional, you might have a medical malpractice claim. Mistakes and negligence, due to the lack of care provided by the healthcare provider, are subject to legal cases being opened. An injury caused during birth can affect the child for the rest of his or her life. Birth injuries can require significant medical attention, including treatment, surgery, rehabilitation, and long-term health care.

The personal injury attorneys at Branch Law Firm can help you establish your claim. You may be able to receive compensation for current and future medical expenses, pain and suffering, the projected cost of living, and other damages. Call (505) 243-3500 or message us online to schedule a free consultation today with an Albuquerque birth injury lawyer.