New Mexico Cerebral Palsy Lawyers

If Your Baby Suffered Brain Damage During Childbirth, Our Attorneys Can Help Your Family Plan for the Future

Because fetal hypoxic/anoxic brain damage can happen in just minutes during childbirth, corporations who run hospitals and must ensure all healthcare staff are well-trained in recognizing and responding to the signs of fetal distress. Providers must know all the risk factors that can increase your baby’s risk of suffering a birth injury like cerebral palsy. Your treatment team must also closely monitor you and your baby during the labor and delivery process. Failure to respond to signs of distress may cause a baby to suffer oxygen deprivation, leading to a serious and permanent medical condition like cerebral palsy.

As a parent, learning your child has cerebral palsy can be devastating. Not only must you consider the typical questions regarding your child’s upbringing but also issues of access and ability when it comes to education and other opportunities. For many families, resources are a serious barrier to getting their child the necessary help they need and deserve.

If your baby has cerebral palsy because of the wrongful conduct of another, you have the right to hold them accountable in court. Our team can help you through this process, seeking full damages to include compensation for future medical needs, assistive devices, rehabilitative therapies, and more. At McGinn Montoya Love Curry & Sievers PA, we want to make sure your family has what it needs and what it is entitled to after a baby suffers a birth injury. Reach out to our legal team to learn more about your rights and options.

Call our New Mexico team at (505) 405-4441 for a free consultation. If your child’s case of cerebral palsy was preventable, we want to help you receive justice.

What Is Cerebral Palsy?

Cerebral palsy is a group of motor function disorders caused by severe brain damage. Oxygen deprivation is the main cause of cerebral palsy; whether in the womb or during birth, lack of blood flow to a baby can cause dangerously low blood oxygen levels that trigger brain cell death. Cerebral palsy often occurs alongside hypoxic-ischemic encephalopathy, a condition in which part of the cerebral motor cortex is destroyed due to reduced oxygen flow.

Cerebral palsy caused by oxygen deprivation can and should be prevented. Symptoms of fetal distress signal the need for immediate medical intervention. A treatment team must also be ready to act in situations that are likely to hinder the flow of oxygen to the fetus:

• Severe maternal blood pressure decrease
• Uterine rupture
• Placental abruption
• Umbilical cord prolapse

When inadequate systems, procedures, or protocols are in place, or when individuals are not properly trained and the choice is made not to respond to signs of distress, a family can seek justice in a court of law when their baby suffers as a result.

Though less common, physical injury to the brain from tools like forceps can cause cerebral palsy. Improper use of forceps can cause a number of injuries to a baby, including brain injuries that can lead to cerebral palsy. If your child suffered brain injury due to physical trauma during childbirth, it is important to learn if you may have grounds to make a claim.

Bringing a Cerebral Palsy Claim

Filing a claim for compensation can help you hold those who caused the injuries accountable and provide you with the resources you need to care for your child. Cerebral palsy symptoms vary; those with the condition often need a range of accommodations to access the world. The condition may also cause continuing health issues for which your child will need ongoing treatment. With a birth injury claim, you can seek damages for expenses like:

• Medical bills (past and future)
• Surgeries
• Braces or other orthotic devices
• Vision and hearing aids
• A wheelchair or other mobility devices
• Physical, occupational, and speech therapies
• Assistive devices for communications and education
• Accommodations for your home
• Accommodation to access the world
• 24-hour nursing care
• Respite care

When your child has suffered a brain injury, it also impacts your life in countless ways. You or a loved one may have to cut back on work hours or leave your job entirely to become a caregiver. Or, you may have to hire an aide for your child. Our team can help you identify every loss and challenge you and your family may face now and in the years to come.