Albuquerque Birth Injury Lawyer
Zero Fee
- No Win, No Fee Pledge
30-Day Guarantee
- Try Before You Commit
We Come To You
- Convenience at Your Doorstep
A birth injury refers to damage that occurs due to an “adverse event” during the birth process. Birth injuries are distinct from birth defects, which typically stem from genetic factors or other issues occurring early in pregnancy.
While birth defects are often inevitable, birth injuries are frequently the result of medical errors during delivery. If your child has experienced a birth injury, you might be questioning whether the attending doctor is responsible. In addition, you could have multiple other concerns:
- Was your child’s injury avoidable?
- Did the doctor commit an error that might have lifelong implications for your child?
- How will you manage the extra care your baby requires?
Along with these pressing questions, financial concerns may also weigh on your mind. Many birth injuries necessitate long-term treatment and support to ensure the child receives comprehensive care. While you might have been prepared for the typical costs of raising a child, these additional expenses could stretch far beyond the limits of your budget.
Your baby could need physical or speech therapy, mobility aids, consultations with specialists, and other care your insurance may or may not cover. How can you make sure they receive the best possible care?
Table of Contents
- Contact an Albuquerque Birth Injury Attorney Today
- What Causes Birth Injuries?
- Delayed or Missed Diagnosis of Pregnancy Complications
- Oxygen Deprivation During Delivery
- Physical Injuries During Delivery
- Maternal Injuries
- Do You Only Have Three Years to File A Birth Injury Claim For Your Child?
- What Damages Can Your Albuquerque Birth Injury Attorney Seek In a Lawsuit?
- Where Can You Get Help From an Albuquerque Birth Injury Law Firm?
Contact an Albuquerque Birth Injury Attorney Today
If a birth injury has affected your child, your next step should be to consult with a medical malpractice attorney who can evaluate the details of the birth. If we determine that medical negligence contributed to the injury, we can seek compensation for your child’s medical expenses, pain and suffering, and other damages.
For a free consultation regarding your birth injury concerns, please reach out to Olson Personal Injury Lawyers. We will address your questions and explore your options for seeking compensation. There is no obligation on your part, and you can ask us anything.
Should you decide to proceed with our assistance, you won’t incur any fees until we successfully win or settle your case, eliminating any worry about upfront costs.
What Causes Birth Injuries?
There is no single cause of birth injuries, but most result from some type of trauma during the birth. This can be a physical impact, such as damage from the misuse of forceps during a difficult delivery or the effects of a lack of oxygen to the baby’s brain.
Within these categories, there are multiple reasons why a birth injury may occur. Here are some common birth injuries and their potential causes:
Delayed or Missed Diagnosis of Pregnancy Complications
During pregnancy, regular OBGYN visits serve the purpose of screening for complications that can endanger both you and your baby. Your doctor should monitor your lab work, blood pressure, and other indicators of illness or fetal distress. If they fail to do so, or if they don’t give abnormal results the attention they deserve, your labor and delivery could be unnecessarily complicated.
Monitoring the health of both patients continues to be essential after delivery as well. The consequences can be severe if a doctor misses a potential problem in a newborn.
One example is a condition called kernicterus, in which bilirubin levels rise to dangerous levels, often from bruising that occurs during delivery. In this case, the bruising itself doesn’t directly cause damage, but the bilirubin produced as the bruises heal can rise to excessive levels. If bilirubin reaches a certain level, the newborn could suffer permanent brain damage.
There are several treatments available to prevent brain damage from Kernicterus if it’s diagnosed promptly. However, if a physician fails to identify signs of the condition and order further tests, it could be missed until it’s too late.
Permanent effects of the condition could include cerebral palsy, hearing loss, speech difficulties, and intellectual disability. Kernicterus is only one example of many birth injuries that can occur if a doctor doesn’t provide a reasonable standard of care during and after pregnancy.
Oxygen Deprivation During Delivery
Brain damage can occur quickly when a baby is deprived of oxygen during delivery, a condition known as hypoxic-ischemic encephalopathy (HIE). This occurs when brain cells die due to oxygen deprivation, potentially leading to developmental delays or disabilities. While some children with HIE experience only mild symptoms, others may face serious long-term effects, such as cerebral palsy or impaired motor function.
Signs of HIE may not be immediately noticeable, and a baby who appears healthy at birth could later miss developmental milestones. Symptoms can range from weak muscle tone and feeding difficulties to more severe issues like seizures, irregular breathing, or poor reflexes. One form of HIE, periventricular leukomalacia, affects the brain’s white matter and can lead to motor and cognitive challenges.
Early diagnosis and intervention are critical. If you notice delays in your child’s development, such as trouble with movement, poor muscle tone, or difficulty feeding, consult a doctor immediately. While these symptoms can have various causes, addressing them early can improve treatment outcomes and long-term care options.
What Causes Oxygen Deprivation During Delivery?
Various situations can lead to oxygen deprivation during birth. Risk factors include:
- Prolonged labor.
- A prolapsed umbilical cord.
- Any trauma or difficulty that blocks blood flow through the umbilical cord.
- Difficult labor.
- Placental abruption.
- Placenta previa.
- Uterine rupture.
- Abnormal fetal positions like a “breech” position.
While these complications are not usually the physician’s fault, the obstetrician is expected to monitor the patient for signs of fetal distress or difficult labor. Often, a cesarean delivery or other interventions can mitigate the risk to the baby if the doctor recognizes the danger in time.
When difficult labor becomes an emergency, a doctor should act swiftly to ensure the baby’s oxygen supply is maintained. If that didn’t happen in your delivery, the physician’s negligence might have caused or contributed to a birth injury.
Physical Injuries During Delivery
Newborns are particularly vulnerable to injuries due to their small size and fragile bones. While premature infants are at a higher risk, even full-term babies can suffer birth-related injuries. Some injuries occur due to physical trauma or pressure during delivery, including bruising, bleeding, or broken blood vessels in the eyes. The use of vacuum extraction or forceps can increase this risk. Fortunately, many of these injuries are minor and heal without long-term effects.
However, severe birth trauma can occur, especially if a doctor improperly uses delivery tools or applies excessive force. Improper maneuvers can lead to skull fractures, brain bleeding, spinal cord injuries or other serious complications. In some cases, these injuries become worse if a doctor fails to diagnose and treat them promptly.
Fractures, particularly of the collarbone or clavicle, are among the most common birth injuries. While these bones often heal quickly, the baby may require physical therapy or movement restrictions to prevent long-term issues. Skull fractures, especially those caused by forceps, typically heal on their own, but a depressed skull fracture could indicate brain damage and requires immediate medical attention.
Early diagnosis and treatment are crucial to preventing lasting harm. If your newborn has experienced a birth injury, seeking medical evaluation as soon as possible can help ensure the best possible outcome.
Maternal Injuries
Neglecting to monitor a pregnant patient can result in maternal injuries, such as hemorrhaging or hypertension. Preeclampsia, characterized by high blood pressure, requires careful monitoring for signs like swelling and protein in the urine.
Early detection allows for intervention, but if untreated, it can cause severe consequences like organ damage or stroke. In some cases, early delivery is necessary. Another risk is a surgical tool left inside during a cesarean, causing pain and symptoms that may go undiagnosed for months or years. Additional injuries include organ prolapse, severe tearing, broken pelvis, PTSD, and brain damage from hemorrhaging. Negligence in preventing complications may be grounds for a lawsuit. If you’ve experienced a birth injury, contact an attorney immediately.
Do You Only Have Three Years to File A Birth Injury Claim For Your Child?
Three years is the statute of limitations for adults who have suffered medical malpractice.
However, New Mexico does allow an exception for injured children or minors, whose injuries may not become apparent for years after they occur. For this reason, you may be able to file a birth injury lawsuit until the child is nine years old (depending on when the injury is diagnosed).
Keep in mind that your attorney will need time to prepare, so it’s best to contact a lawyer as soon as you suspect a birth injury.
What Damages Can Your Albuquerque Birth Injury Attorney Seek In a Lawsuit?
A birth injury can cause lifelong consequences for the child, the parent, or both. You may have ongoing costs for the rest of your baby’s childhood or even longer, depending on the nature of the injury.
Your attorney will discuss the specifics of your case and review the following categories so they can accurately calculate your damages:
Medical Costs: Birth injuries often require ongoing care like NICU stays, specialist visits, and therapy. Some injuries may lead to permanent disabilities that require mobility devices and lifelong care, including physical therapy and adaptive equipment.
Lost Income: In addition to medical bills, birth injuries can result in continued costs such as NICU care, specialist visits, and therapy for lost functions. Permanent disabilities may necessitate mobility devices and ongoing care, creating long-term financial strain.
Increased Costs for Childcare and Education: Finding appropriate childcare for a child with disabilities is often more expensive than regular daycare. Additional educational expenses may arise, especially if an IEP is insufficient, leading to costs for private schooling or tutoring.
Pain and Suffering: Your child’s physical pain and suffering will be considered in seeking compensation. Although New Mexico caps damages, medical expenses are not included in the cap, allowing for potentially larger settlements in severe cases. Your attorney will help assess the value of your claim.
Where Can You Get Help From an Albuquerque Birth Injury Law Firm?
If you or your child have experienced a birth injury and believe a healthcare provider is at fault, please contact Olson Personal Injury Lawyers for a free consultation about your case. You can reach out to us anytime to learn more about your options for recovering damages.
We’ll explore all avenues for pursuing compensation, answer your questions, and work to obtain the best settlement possible if you want to move forward with a lawsuit. If we take your case, there are no upfront fees—you won’t owe us anything until we achieve a successful outcome. Give us a call at (505) 391-4149 to see how we can help.
Get a Free Consultation
We’re here to help
