Birth Injury

After suffering a life-changing accident, you need the right legal team on your side. Our nationally recognized lawyers are just a call away.

Albuquerque Birth Injury Attorneys

Demanding Justice for You & Your Child After a Catastrophic Birth

When a child is born with an injury due to a medical provider’s mistakes, it leads to both life-changing consequences for the entire family and complicated legal challenges. At McGinn Montoya Love Curry & Sievers, we are here to support you however we can 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 true friends to you during this difficult time. Let’s stand together and make sure that you and your child are given the compensation and justice that you deserve.

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

Common Causes of Birth Injuries

At the root of any birth injury case 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 who are 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 hired them.

Birth Injury Cases We Handle

You can trust our abilities and experiences as Albuquerque birth injury attorneys to effectively handle your case. We can work on a variety of different birth injury cases, so we can be your first choice of legal counsel, no matter what happened.

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.
  • 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 happen 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 working on 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 that 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 so many potential benefits that a birth injury claim or lawsuit can bring. We don’t want you to miss out on them because a case sounds like too much work for you to manage right now. After all, we are here to handle your case 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 case 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 case 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 case 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. 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.

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

Notable Case Results

Hundreds of Millions Recovered on Behalf of Our Clients
  • Medical Malpractice $67.3 Million
  • Wrongful Death $52 Million
  • Trucking Crash $18.9 Million
  • Medical Malpractice $9 Million
  • Medical Malpractice $7.8 Million
  • Wrongful Death $6 Million
  • Wrongful death $3.7 Million
  • Medical Device Defect $2 Million
  • Trucking Crash 8-Figure Settlement
  • Wrongful Death Amount is Confidential

Determined to Make a Difference

Why McGinn, Montoya, Love & Curry?
  • It's All About the Mission

    Our goal is to use the law as a force for good. We not only want to achieve the best possible results for our clients, but we strive to create lasting change that makes our world a safer place.

  • Prepare Every Case for Trial

    We believe when you lead with confidence, you've won before you started; therefore, by fighting from a position of strength, we know that cases are more likely to settle for a fair amount.

  • Personalized Approach

    Because every case is unique, we never apply a one-size-fits-all approach. We take the time to know our clients and prepare personalized strategies that yield the greatest success.

  • 35 Years of Experience

    Since 1985, we have been helping ordinary citizens hold insurance companies and corporate wrongdoers accountable, while securing the compensation our clients deserve.

Our Awards & Accolades

Recognized as a Top-Tier Law Firm

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We are dedicated to supporting families during the most challenging times, with a focus exclusively on cases involving catastrophic injuries or the loss of a loved one. Please reach out if you have any questions. We look forward to speaking with you.

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