Failure to Perform a Timely C-Section
Although many expectant mothers intend to deliver their babies naturally, things do not always go as planned, and in some cases, it will be necessary to perform a C-section for the safety of the mother or her child. A failure to perform a timely C-section can cause catastrophic injuries that can lead to substantial emotional and financial harm. Families who have been harmed by inadequate medical care during a child’s birth have options for seeking recourse, however, and they should speak to an attorney regarding their next steps. The New Mexico birth injury lawyers at the Branch Law Firm are sensitive to the devastation that a birth injury can cause, and if your child suffered an injury at birth, we will work tirelessly to help you seek justice. We represent people in lawsuits arising out of birth injuries in cities throughout New Mexico.Harm Caused by a Failure to Perform a Timely C-Section
Generally, C-sections become necessary when there is evidence that an infant may suffer harm if the mother attempts to deliver the infant naturally. For example, if monitors indicate that an infant has an irregular heartbeat or blood pressure level or is otherwise in distress, a doctor will frequently perform an emergency C-section. Additionally, in cases in which an umbilical cord is wrapped around an infant’s neck, or the infant is deprived of oxygen, an emergency C-section may become necessary. C-sections are also frequently necessary in cases in which an infant is breech or has a head that is too large to pass through the birth canal, or when there are issues with the mother’s placenta or uterus. If a doctor fails to perform a timely C-section, it can lead to significant injuries, including cerebral palsy, Erb's palsy, brachial plexus injuries, shoulder dystocia [link to shoulder dystocia page], and hypoxic ischemic encephalopathy.Elements of a Birth Injury Lawsuit in New Mexico
In New Mexico, if an infant suffers an injury at birth, the infant and his or her parents may be able to pursue claims against the health care providers who caused the child’s injury. Generally, to recover damages in a birth injury lawsuit, a plaintiff must establish that the defendant health care provider committed medical malpractice. To establish medical malpractice, a plaintiff must demonstrate that the defendant owed the plaintiff a duty recognized by law, but the defendant breached the duty by deviating from the accepted standard of medical practice in the relevant community. The plaintiff must also show that the defendant’s acts or omissions that constituted the breach caused the plaintiff’s harm.
Anyone wishing to pursue claims against a health care provider must act promptly, since medical malpractice lawsuits must be filed within three years of the date when the malpractice occurred. If the person harmed was a child under the age of six, however, he or she has until his or her ninth birthday to pursue damages. In other words, a child who suffers a birth injury can file a lawsuit until his or her ninth birthday, but a parent seeking damages for their own harm caused by a birth injury has only three years to file a lawsuit.Speak with a Trusted Medical Malpractice Attorney
When a doctor entrusted with the care of an expectant mother causes harm to her unborn child, the doctor should be held accountable. If your child suffered an injury at birth due to your doctor’s failure to perform a timely C-section, it is wise to speak to an attorney regarding your potential claims. At the Branch Law Firm, our medical malpractice lawyers are proficient at handling birth injury cases in New Mexico courts, and we will work tirelessly to help you strive for the best legal outcome available under the facts of your case. We have offices in Albuquerque and Santa Fe, and we regularly represent people in birth injury lawsuits in Albuquerque, Las Cruces, Roswell, Clovis, Hobbs, Los Alamos, Rio Rancho, Alamogordo, Las Vegas, Santa Fe, Carlsbad, Taos, Farmington, and Los Lunas. You can contact us at 800-828-4529 or via our form online to schedule a confidential and free meeting to discuss your case.