Albuquerque Birth Injury Lawyer

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. Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery.

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 responsible party accountable 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 after 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 2024, 28.5% of all live births in New Mexico were delivered by 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 provide 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:

1. 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.
2. 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.
3. 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.

Understanding the New Mexico Medical Malpractice Act

The New Mexico Medical Malpractice Act establishes rules for pursuing compensation when medical negligence causes injuries, including preventable birth injuries. The law applies to qualified healthcare providers, including participating doctors and hospitals, and establishes limits on certain damages that injured patients can recover.

The Act also establishes the state’s Patient Compensation Fund, which provides an additional source of compensation when damages exceed a provider’s liability limit. Participating healthcare providers fund the program through surcharges. For families who have been affected by birth injuries, the fund can help cover qualifying damages and medical care beyond the provider’s financial responsibility. Eligibility varies by case.

Damage Caps in New Mexico

Like other states, New Mexico limits certain compensable damages tied to medical malpractice claims, including those involving birth injuries. Under the state’s Medical Malpractice Act, these limits depend on the type of healthcare provider responsible for the injury.

For independent providers, including qualifying physicians, the original $750,000 cap increases annually based on inflation. For hospitals and hospital-controlled outpatient facilities, the cap is $6 million for injuries occurring in 2026. Independent outpatient facilities have a separate cap that also adjusts annually.

Punitive damages are excluded from these general recovery caps. However, New Mexico’s 2026 House Bill 99 established heightened evidentiary standards for punitive damages.

How the Statute of Limitations Can Affect Your Claim

New Mexico generally imposes a three-year statute of limitations on medical malpractice claims. However, special rules may extend the filing deadline for children who suffer birth injuries. Under New Mexico Statutes § 41-5-13, minors generally have until one year after reaching adulthood to pursue a medical malpractice claim. This means a child injured during birth may have until their 19th birthday to take legal action.

The law changed in 2022. Previously, children injured before age six generally faced a deadline tied to their ninth birthday. The current law provides additional time for minors. Parents should consult an Albuquerque birth injury attorney promptly to determine the applicable deadline and preserve important evidence.

Understanding the Four Elements of Medical Malpractice

If you are wondering when a birth injury is medical malpractice in New Mexico, it depends on four crucial elements. To establish a valid malpractice claim, your attorney must generally prove four elements. The first is the duty of care. This means the doctor, nurse, or other healthcare provider must have owed you or your child a duty of care. Then, your lawyer should gather evidence that shows the at-fault party breached that standard, which led to harm.

Linking the negligence to the injury is crucial, and a strong claim should also detail specific damages in the form of financial losses and emotional harm. Once these four elements are established, a claim can proceed and potentially lead to a significant settlement or court verdict.

Challenges You Could Face Without Legal Representation

Even when you have a valid claim, there are no guaranteed outcomes to medical malpractice cases. Pursuing a birth injury claim without an attorney could be a regrettable mistake. Hospitals and insurance companies may delay responding to your claim, downplay the severity of your child’s injuries, or argue that their doctor or nurse met the accepted standard of care.

Hospitals also have their own attorneys who work to protect their interests and minimize financial liability. If negotiations fail to deliver a fair settlement, filing a claim in court can lead to additional challenges. A missed deadline could lead to your case being dismissed, and a weak claim could fail to meet the burden of proof needed to pursue compensation through the courts.

Why You Should Hire a Birth Injury Lawyer

Attempting to manage a complex birth injury claim without legal support from an Albuquerque HIE lawyer could lead to unfavorable outcomes that could add further stress to an already difficult situation. When you hire a birth injury lawyer, you gain clarity about birth injury laws and your options for pursuing accountability and compensation.

A trusted Albuquerque birth injury attorney can gather evidence to support your birth injury claim. By managing the complexities of direct talks or civil court litigation, they can help relieve you of the stress and challenges associated with managing a complex injury claim. Injury lawyers are skilled negotiators who can pursue various strategies for holding the negligent doctor or nurse accountable for the harm you or your child suffered.

FAQs

Q: Can You Pursue a Claim for Birth Trauma?

A: Yes. Whether you are based in Volcano Cliffs, Westgate Heights, Nob Hill, or elsewhere in Albuquerque, you may have the right to pursue compensation for the harm you or your child suffered. If a healthcare provider’s negligence caused a preventable injury during pregnancy, labor, or delivery, a birth injury lawyer can evaluate your circumstances and determine whether you have grounds for a medical malpractice claim.

Q: How Much Is a Birth Injury Settlement?

A: How much a birth injury settlement is worth depends on several factors. These include the severity of the injury, the cost of medical treatment, future care needs, and the long-term effects on the child and family. New Mexico also has medical malpractice damage caps that may limit certain types of compensation. An attorney can assess your damages and explain what compensation may be available.

Q: Is It Difficult to Pursue a Claim Against a Labor and Delivery Hospital?

A: It can be difficult to pursue a claim against a labor and delivery hospital if you do not have strong legal support. Hospitals often have experienced legal teams and insurance companies defending them against malpractice claims.

Establishing negligence typically requires medical records, testimony from qualified medical workers, and evidence connecting the hospital’s actions to the injury. An experienced attorney can gather evidence and build a case on your behalf.

Q: How Long Do Birth Injury Cases Take to Settle?

A: How long a birth injury case takes to settle depends on the complexity of the claim, the willingness of the at-fault party to accept liability, and the extent of the child’s injuries. Some cases resolve through negotiations within several months, while others take years, particularly when extensive medical evidence or court proceedings are necessary. Your attorney can explain the process and provide a more realistic timeline based on the specifics of your case.

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.