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.

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) 391-8978 to see how we can help.

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Home » Albuquerque Personal Injury Lawyer » Albuquerque Birth Injury Lawyer

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Sean T. Olson

A birth injury caused by medical malpractice can leave families facing lifelong challenges—from unexpected medical expenses to overwhelming emotional stress. These claims can be complex to navigate, especially without a legal advocate, which is why partnering with an experienced Albuquerque birth injury lawyer can make all the difference.

If a doctor, hospital, or medical provider has injured you or your child, do not wait to get the help you deserve. Call Olson Personal Injury Lawyers today at (505) 391-8978 to schedule an initial consultation with a compassionate team that treats your family’s situation with the personal attention it deserves.

Table of Contents

Why Do You Need a Birth Injury Lawyer in Albuquerque?
Types of Birth Injuries Our Team Handles
How Our Albuquerque Birth Injury Lawyers Help
Understanding Birth Injury Statistics in New Mexico
Compensation You Can Receive When Filing a Birth Injury Claim in Albuquerque
How Do You Build a Strong Birth Injury Claim?
Albuquerque Birth Injury FAQs
Contact an Experienced Albuquerque Birth Injury Law Firm Today

Why Do You Need a Birth Injury Lawyer in Albuquerque?

Filing a legal claim against a hospital or medical provider comes with several challenges. The most significant of these is proving liability. These entities and individuals often have large insurance companies backing them, and there is a high likelihood that any accusations of fault will be disputed.

That is why it is essential to work with a birth injury lawyer who understands the medical, legal, and procedural complexities of New Mexico malpractice law. Our Albuquerque team has extensive experience handling these challenging cases and standing up to powerful medical institutions to get you the compensation you deserve.

Meet Our Albuquerque Birth Injury Lawyers

Why We Are Trusted by Our Past Clients

“I appreciate everything Olson Personal Injury Lawyers did for us. They are a great law firm and I would recommend anyone to use their services. We had our case handled by Matt and he is excellent. I never had to phone call chase him around, he was always excellent at keeping me updated on everything and always informing me on new status of my case. I had never felt this comfortable with any attorney before, Matt was very welcoming over the phone and in the office as well. I am beyond pleased with the kind of attention and service we received from Olson Personal Injury Lawyers”

“Compassionate, quality attention for legal services. Allison Pritchard gave me hope and her focused time with attention to details. I highly recommend her because not only will she work hard, she will care about what happened and give her all to fight for you. She genuinely is committed to a high standard of professionalism.”

“Olson Personal Injury Lawyers was professional, compassionate, and incredibly knowledgeable throughout my entire case. They fought hard and secured a settlement that exceeded my expectations.”

Types of Birth Injuries Our Team Handles

When negligence is involved in a birth injury, families may have the right to pursue a claim. Our Albuquerque birth injury attorneys handle cases involving:

Cerebral palsy caused by medical negligence
Brachial plexus injury and Erb’s palsy
Hypoxic-ischemic encephalopathy
Shoulder dystocia complications
Improper use of delivery tools
Maternal injuries from negligent care
Failure to diagnose or treat infections during pregnancy
Improper medication or anesthesia during labor
Delayed delivery or failure to act on complications
Injuries from undiagnosed or mismanaged preeclampsia or gestational diabetes

How Our Albuquerque Birth Injury Lawyers Help

Our team combines medical insight, legal skill, and emotional support to guide families through some of the most overwhelming moments of their lives. Here’s how we help:

Deep experience — We understand the medical, legal, and emotional complexities of birth injury cases.
Thorough investigation — We collaborate with medical specialists to uncover what went wrong and who is responsible.
Compassionate guidance — We guide families every step of the way, simplifying the process during a difficult time.
Aggressive advocacy — We stand up to hospitals and insurers to demand accountability.
Personalized strategy — Each case is tailored to your child’s needs and the injury’s long-term impact.
No-upfront-cost representation — You pay nothing unless we win, removing financial barriers to justice.

Our case results and testimonials speak for themselves. Meet with our team today to learn how we can help you fight for justice.

Understanding Birth Injury Statistics in New Mexico

Each year, approximately 30,000 babies in the United States are born with a birth injury. The most common of these injuries is a fractured collarbone, occurring in as many as 15 out of 1,000 live births. Additionally, around 12,000 babies born each year develop Erb’s palsy due to an injury at birth, according to the Cleveland Clinic.

About 8% of women experience a delayed birth, which can lead to a higher risk of complications. Similarly, preterm birth is strongly linked to neonatal complications, including long-term neurological issues such as cerebral palsy. According to the New Mexico Department of Health’s PRAMS data, the preterm birth rate in New Mexico ranged from 9.1% to 10.3% during 2007–2016.

Compensation You Can Receive When Filing a Birth Injury Claim in Albuquerque

Several different forms of compensation may be available to victims of a birth injury, including economic, non-economic, and wrongful death damages. Each one is designed to compensate the victim for specific losses resulting from their injury.

Economic Damages

Economic damages make up the tangible losses suffered from a personal injury, including the following:

Past and future medical expenses
Lost wages
Out-of-pocket costs

Non-Economic Damages

Non-economic damages are meant to compensate the victim for their intangible losses, such as:

Physical pain and suffering
Emotional trauma
Reduced quality and enjoyment of life

Wrongful Death Damages

If a birth injury results in the death of a loved one, their surviving family can pursue damages through a wrongful death claim. This typically consists of seeking damages for the following:

Medical and funeral expenses
Loss of future income or benefits
Loss of household services

Every case is unique, and it is always best to consult with an attorney who can provide proper guidance on the value of your claim. Get in touch with Olson Personal Injury Lawyers today to get the help you deserve.

How Do You Build a Strong Birth Injury Claim?

Acting quickly is key to a successful claim. Our seasoned attorneys can launch an in-depth investigation into your case and begin gathering vital evidence to support your right to compensation, such as:

Medical documentation – Our team can collect prenatal records, labor and delivery charts, fetal monitoring strips, and postnatal progress notes to showcase when and how the injury occurred.
Expert witness testimony – Opinions from pediatricians, neonatologists, obstetricians, and other medical specialists can explain how the care provided fell below accepted standards.
Photographs and videos – Visual evidence documenting the newborn’s or mother’s injuries, bruising, or other physical effects, as well as images of medical interventions or delivery conditions, may demonstrate negligence.
Hospital records – Any records related to the injury can be used in a claim, including delivery room logs, operative reports, anesthesia records, medication administration records, and incident reports.

Albuquerque Birth Injury FAQs

What Are the Legal Steps To Take After a Birth Injury?

In the immediate aftermath of a birth injury, begin gathering any and all evidence available to you, including records and witness statements. Next, you will need to schedule a meeting with an attorney to discuss your potential claim. We can begin collecting less accessible evidence to help build a strong case for compensation.

What Is the Statute of Limitations on Birth Injuries in Albuquerque, NM?

In New Mexico, birth injury victims typically have three years from the date of the incident to file a claim. However, claims involving minors may have certain exceptions that can extend this period depending on when the injury was discovered. The nuances that vary from case to case make it crucial to consult with a legal professional who can review applicable statutes.

Who Is Held Responsible for Birth Injuries in Albuquerque, NM?

A birth injury claim could involve any number of at-fault parties, such as the hospital or birthing center, a doctor or nurse, or another medical staff member. Our legal team can look into the details of your case and determine who is liable for your or your loved one’s injuries.

Contact an Experienced Albuquerque Birth Injury Law Firm Today

If you or a loved one has been injured due to a medical professional’s negligence, do not wait to get the justice you deserve. Our knowledgeable legal team can handle the complex matters in your case so you can focus on recovery and healing.

Our goal is to get you the compensation you deserve, allowing you to move forward with life without being held back by financial, physical, or emotional burdens. Call our law office today to meet with an Albuquerque birth injury lawyer.

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