Birth Injury Lawyer Albuquerque

Demanding Justice for You & Your Child After a Catastrophic Birth Incident

When a child is born with an injury due to a medical provider’s mistakes, it leads to life-changing consequences for the entire family and complicated legal challenges. At McGinn Montoya Love Curry & Sievers PA, we are here to support you with comprehensive and compassionate legal counsel and representation. Our Albuquerque birth injury lawyers are ready to act for you in and out of court while also being friends to you during this difficult time. Let’s stand together and make sure that you and your child receive the compensation and justice you deserve.

On This Page:

• Common Causes of Birth Injuries
• Birth Injury Cases We Handle
• How a Birth Injury Claim Can Help
• Standing Up for Your Family When It Counts the Most

Let’s talk about building your birth injury claim. Call (505) 405-4441.

Common Causes of Birth Injuries

At the root of any birth injury claim is a medical provider’s mistake or act of negligence. From doctors and nurses in the delivery room to obstetricians who treated the pregnant mother, many different types of medical professionals can be the direct or indirect cause of birth injuries. We know how to investigate the situation to determine what went wrong and who should be liable for it.

Different forms of mistakes that cause birth injuries include:

• Misusing Forceps and Vacuum Extractors: Improper use of these delivery tools can lead to injuries such as skull fractures, nerve damage, or bleeding in the baby’s brain.
• Failing to Check for Signs of Fetal Distress: Inadequate monitoring or misinterpretation of fetal monitoring signals can result in missed signs of distress, leading to delayed interventions when the baby is in distress.
• Not Performing a Necessary Emergency C-Section: When complications arise that indicate the need for a C-section, a delay or failure to perform it promptly can result in oxygen deprivation, trauma during a difficult delivery, or other birth injuries.
• Pulling Unsafely on the Infant During Delivery: Excessive force or improper handling of the baby during delivery can cause injuries such as nerve damage, fractures, or brachial plexus injuries (Erb’s palsy).
• Administering Pitocin in Unsafe Amounts: Pitocin, a medication used to induce or augment labor, must be administered carefully. Incorrect dosage or monitoring can lead to intense contractions that might compromise the baby’s oxygen supply.
• Not Reviewing the Mother’s Medical Records Before Delivery: Inadequate review of the mother’s medical history, including any risks or complications, can result in a lack of preparedness for potential complications during delivery.
• Failure to Address Complications Promptly: Delayed response or failure to address complications during labor, such as umbilical cord issues or placental abruption, can lead to oxygen deprivation and other birth injuries.
• Inadequate Prenatal Care: Insufficient monitoring or management of high-risk pregnancies can contribute to birth complications that could have been anticipated and managed with proper prenatal care.
• Poor Communication Among Medical Staff: Miscommunication or inadequate sharing of critical information among healthcare professionals attending the delivery can lead to errors in decision-making or treatment.
• Lack of Training or Experience: Inexperienced medical staff or those inadequately trained in handling complicated deliveries may make errors that contribute to birth injuries.

The parties responsible for the mistake can vary, which means we might file against several different defendants. It is not unusual for the defendants to include an individual medical practitioner as well as the medical institution that employed them.

In our pursuit of justice, we meticulously gather evidence and consult with medical experts to construct a robust narrative of events. This process involves evaluating medical records, eyewitness testimonies, and historical procedural errors to comprehensively establish the responsibility of various medical practitioners. Our goal is not only to assign liability but also to highlight any systemic issues within medical institutions that may have contributed to these unfortunate events. By doing so, we aim to enforce accountability and prompt necessary reforms, ensuring safer practices in the future.

Birth Injury Cases We Handle

You can trust our abilities and experiences as Albuquerque birth injury attorneys to effectively manage your claim. We handle a variety of different birth injury claims, so we can be your first choice of legal counsel, no matter what occurred.

Our team can work on claims that involve the following and more:

• Cerebral Palsy: This is a neurological disorder that affects movement, muscle tone, and posture. It can occur due to damage to the developing brain, often before or during birth.
• Hypoxic Ischemic Encephalopathy (HIE): HIE happens when there’s a lack of oxygen and blood flow to the baby’s brain before, during, or just after birth. This can lead to brain damage and various neurological issues. Our experienced team includes a capable HIE attorney Albuquerque to help navigate these complex claims.
• Shoulder Dystocia: It’s a birth complication that happens when a baby’s shoulders get stuck behind the mother’s pelvic bone during delivery. This can cause injury to the nerves around the shoulder, leading to issues like Erb’s palsy.
• Birth Asphyxia: This occurs when a baby doesn’t receive enough oxygen before, during, or after birth. It can lead to serious complications affecting the baby’s organs, including the brain.
• Brain Bleed: Bleeding within the baby’s brain can occur due to trauma during delivery, leading to potential long-term neurological issues.
• Failure to Perform a Necessary C-Section: In situations where a timely C-section is medically necessary but not performed, it can result in various complications for both the mother and the baby, such as oxygen deprivation or trauma during a difficult delivery.
• Fetal Monitoring Failure: Improper monitoring or failure to interpret fetal monitoring signals accurately can lead to missed signs of distress, delaying necessary medical interventions.
• Forceps and Vacuum Extraction Injury: Tools like forceps or vacuum extractors, when used incorrectly or excessively, can cause injuries to the baby’s head or nerves, leading to issues like facial nerve damage or skull fractures.
• Placental Abruption: This occurs when the placenta separates from the uterine wall before delivery. It can lead to oxygen deprivation for the baby due to decreased blood flow through the placenta.
• Umbilical Cord Compression: When the umbilical cord gets compressed or twisted during delivery, it can restrict blood flow and oxygen to the baby, potentially leading to birth complications.

We can work with third-party medical experts to get in-depth information about your child’s birth injury and how it will most likely affect them in the future. Using our many years of experience handling catastrophic injury claims, we can also calculate how much it will likely cost to raise and care for your child based on the disabilities or challenges the birth injury has caused. Taking these extra steps allows us to more accurately calculate the full amount of damages that you should be provided by the defendant.

How a Birth Injury Claim Can Help

Just the thought of starting a birth injury claim can feel emotionally exhausting. However, we urge you to at least talk to our law firm about what it takes to file and pursue a claim. There are many potential benefits that a birth injury claim or lawsuit can bring. We don’t want you to miss out on them because a claim sounds like too much work to manage right now. After all, we are here to handle your claim completely, so none of the difficult and legal steps fall on you.

Three important benefits that a birth injury claim can bring are:

• Compensation: You could be looking at hundreds of thousands of dollars—or more—just in special medical care needed for your child due to a birth injury. The compensation that you can demand through a claim can cover past and future medical and care expenses, even including costs that will be incurred many years from now. A claim can also compensate you for other economic losses, pain, suffering, and more. Money cannot undo what happened to your child, but it can help your family feel stable as you move forward from the incident.
• Peace of mind: When a birth injury claim ends in your favor, it can bring your entire family peace of mind and confidence in the future again. There is no price that can be placed on the feeling that everything will be all right, no matter how things might feel right now.
• Improved medical practices: Importantly, every birth injury claim has the potential to change the negligent behavior of the medical practitioner and institution involved. If the claim leads to legal changes, then it can help make medical care improvements across New Mexico or the country. Your decision to start a birth injury claim could benefit not just your family but countless other families. It would be our honor to handle a claim with such importance and magnitude.

Standing Up for Your Family When It Counts the Most

You will face significant legal and emotional challenges when dealing with the aftermath of a birth injury. You do not need to face them alone, though. Our Albuquerque birth injury attorneys are never far away. If you need help, reach out to us right away. Standing up for locals who have been seriously injured or whose lives will never be the same due to someone else’s negligence is what we are truly passionate about.

Albuquerque Birth Injury FAQ

What Are the Common Long-Term Effects of Birth Injuries?

Birth injuries can have a range of long-term effects that significantly impact a child's development and quality of life. Conditions such as cerebral palsy, cognitive impairments, or physical disabilities are common. These outcomes can result in lifelong medical care needs, ongoing therapy, and special education requirements. It can also affect the child's ability to perform daily activities independently. Families may need to adapt their living situations to accommodate accessibility needs or provide specialized equipment to aid the child's development and comfort. This can include modifications to the home, or purchasing wheelchairs and other mobility aids. Therefore, the emotional and financial responsibilities can be overwhelming, emphasizing the importance of pursuing appropriate compensation to cover these long-term expenses. Early intervention services can sometimes mitigate these effects, but the need for comprehensive, long-term planning and care is often essential to ensure the child's needs are consistently met.

How Does a Birth Injury Lawsuit Differ from Medical Malpractice?

While birth injury lawsuits and general medical malpractice claims can seem similar, they are distinct in key ways. A birth injury lawsuit specifically addresses harm suffered during the birthing process due to potentially negligent actions of medical professionals. These claims focus intensely on how birth practices, such as improper monitoring or failure to perform necessary interventions like a C-section, led to harm. In contrast, medical malpractice claims can cover any form of medical negligence, including misdiagnosis, surgical errors, or improper treatment outside the context of birth. In New Mexico, understanding these distinctions is crucial since each type of claim involves nuanced legal and medical evaluations. Birth injury claims may require detailed exploration into obstetric procedures and involve experts who understand pediatric and neonatal care deeply. This makes consulting with a lawyer experienced in birth injuries critical, as they navigate not only the legal aspects but also the specific medical contexts of each claim.

What Should I Do if I Suspect a Birth Injury?

If you suspect that your child has experienced a birth injury, immediate action can significantly impact the outcome for your child and your family. First, seek comprehensive medical evaluation from pediatric specialists to understand the extent of the injury and receive appropriate care. This initial step is critical for both your child’s health and the potential legal avenue you may pursue. Document all medical observations, treatments provided, and communications with healthcare providers. This documentation can serve as valuable evidence should you decide to file a legal claim. Contacting a knowledgeable birth injury attorney, such as the attorneys at McGinn Montoya Love Curry & Sievers PA, can provide guidance specifically tailored to your circumstances. A detailed claim review will help determine the credibility and potential success of a claim. Legal professionals can also help interpret medical records and consult expert witnesses to build a strong claim, ensuring your legal rights are preserved and explored effectively.

Does New Mexico Have Specific Laws Governing Birth Injury Claims?

New Mexico law provides specific avenues for families pursuing birth injury claims, though they operate under the general framework of medical malpractice laws. A critical factor in these claims is the statute of limitations, which requires claims to be filed within a certain period after the injury is discovered. In New Mexico, this is generally three years for medical malpractice, but nuances exist, especially when dealing with injuries to minors. Pediatric-related claims can sometimes extend the timeframe, allowing more time to thoroughly assess the medical impacts on the child before pursuing legal action. Additionally, New Mexico does not impose caps on economic damages in these cases, allowing families to seek comprehensive compensation for medical expenses, future care costs, and rehabilitation needs. Consulting with an experienced attorney can provide clarity on these legal nuances and guide families through the complexities of New Mexico’s legal landscape in birth injury claims.

How Can McGinn Montoya Love Curry & Sievers PA Help Families in Albuquerque?

At McGinn Montoya Love Curry & Sievers PA, our mission is to stand by families facing the aftermath of a birth injury, providing unwavering support and dedicated legal representation. Our Albuquerque-based team understands the specific challenges and needs of the local community. 

Dial (505) 405-4441 or contact us online now.