As a parent, nothing is more important than your child’s health and well-being. So, if your baby is showing signs of developmental delays or has been recently diagnosed with a birth injury, it’s natural to feel overwhelmed and full of questions.
At Brown Trial Firm, we understand the pain and uncertainty that families face when confronting the possibility that their child has a birth injury. Most parents we meet with in these situations want help figuring out what went wrong and how they can get their child the support and care they need to live the best possible life.
With years of experience exclusively handling birth injury cases, skilled New Mexico birth injury attorney Laura Brown is ready to listen to your story, answer your questions, and fight for your family’s rights.
Whether you need help understanding if medical negligence played a role in your child’s injury or pursuing justice and compensation, Laura is here to help.
Your family deserves to know the truth.
Laura can get answers.
Contact Brown Trial Firm today to schedule a free consultation.
“Amazing, amazing, amazing! $10.3 million jury verdict! I cannot say enough great things about this firm. They worked their hearts out to get justice for a young child who was injured by the negligent actions of a hospital and its nurses. They were a gift from above in a time of need.” – Raynaldo G.
What are injuries caused during the birth process called?
Injuries that happen during the birth process are commonly referred to as birth injuries. These injuries can occur not only during the actual delivery but also during pregnancy, labor, or shortly after birth. Birth injuries can range from mild and temporary conditions to severe, life-altering complications that affect a child’s development and quality of life.
While some birth injuries are unavoidable due to natural complications, many are the result of preventable medical mistakes.
What are some examples of birth injuries caused by negligence?
Medical negligence occurs when a hospital, doctor, nurse, or other medical professional makes preventable errors during pregnancy, labor, delivery, or postnatal care that directly harm a baby or mother.
Below are some common examples of birth injuries that can result from medical errors:
- Cerebral palsy (CP). This condition, often caused by a lack of oxygen during or before delivery, can result from premature delivery, a failure to monitor fetal distress, a delayed response to umbilical cord issues, or mismanagement of prolonged labor.
- Brachial plexus injuries (Erb’s palsy). These nerve injuries can happen when too much force is used during delivery, especially if the baby’s shoulders get stuck (shoulder dystocia). A common sign of shoulder dystocia is “turtling,” where the baby’s head emerges but then pulls back. This situation requires prompt and careful medical intervention to avoid injury.
- Hypoxic-ischemic encephalopathy (HIE). This is a type of brain damage that results from inadequate oxygen and blood getting to the baby. Depending on the area of the brain impacted, HIE can also lead to CP. HIE can occur if the medical team fails to perform an emergency cesarean section (C-section) in time or mismanages complications like placental abruption or umbilical cord prolapse.
- Cephalohematoma. This condition, which involves bleeding between the baby’s skull and periosteum (a membrane covering the bone), is often caused by the improper use of vacuum extractors or forceps during delivery.
- Fractures. Broken bones, such as a fractured clavicle, can result if a medical professional incorrectly uses delivery tools, like forceps or vacuum extractors, or applies excessive force during delivery.
- Facial nerve damage. Damage to facial nerves can happen during prolonged labors or when forceps are incorrectly placed during delivery. Facial nerve injuries like Bell’s palsy are most common during vaginal deliveries with large babies (macrosomia).
- Jaundice leading to kernicterus. Untreated or poorly managed jaundice in newborns can lead to kernicterus, a form of brain damage caused by high levels of bilirubin. This often stems from a failure to monitor and treat the condition promptly.
- Spinal cord injuries. These injuries can occur if improper techniques, such as excessive pulling or twisting, are used during deliveries involving fetal malposition, where the baby is in a difficult position for delivery (e.g., face or breech presentation).
- Infections. Newborn infections, such as sepsis or meningitis, can result from a failure to diagnose and treat maternal infections during pregnancy or poor hygiene practices during delivery.
Additionally, conditions like gestational diabetes, preeclampsia, or fetal growth restriction require close monitoring. Failing to diagnose and manage these issues can also lead to complications that result in birth injuries.
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What factors increase the likelihood of birth injuries?
While even someone with a completely uneventful pregnancy and labor can have a child with a birth injury, there are risk factors that make birth injuries more likely.
Maternal conditions like preeclampsia, gestational diabetes, or infections during pregnancy can increase the risk of complications, but with proper monitoring and care, these risks can often be managed to protect both the baby and mother.
Similarly, physical factors like the mother having a small pelvis or the baby being large or in the wrong position for delivery require careful planning. When doctors fail to monitor these risks or perform interventions (such as a C-section) when medically indicated, preventable birth injuries can occur.
Unfortunately, medical mismanagement is a significant cause of birth injuries. When health care providers fail to recognize or address warning signs—like prolonged labor, maternal health conditions, or complications during delivery—babies may suffer serious harm, such as brain damage, oxygen deprivation, or physical trauma.
In cases where a birth injury results from medical negligence, families may have the right to pursue a legal claim to seek compensation for medical expenses, lost income, and long-term care needs.
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What is childbirth negligence?
Childbirth negligence occurs when a health care provider fails to meet the standard of care expected in their profession.
But what exactly is a standard of care?
Technically speaking, in medicine, the standard of care refers to the level of skill, attention, and treatment that a similarly trained and experienced health care professional would provide in the same situation. When this standard is not met, and harm occurs to the baby or mother, it may be considered medical negligence.
A birth injury attorney plays a critical role in proving that the standard of care was not met and that this failure caused the birth injury. Here’s how an experienced birth injury lawyer would generally go about proving negligence in a birth injury case:
- Defining the standard of care. The attorney consults with medical experts to establish what actions a competent health care provider should have taken under the same circumstances. This could include things like monitoring fetal distress, performing a timely C-section, or managing complications like shoulder dystocia.
- Identifying deviations. The attorney obtains and reviews medical records, labor and delivery notes, and test results to pinpoint where the health care team made errors or failed to act. For example, they may uncover a delayed response to fetal distress or improper use of delivery tools.
- Linking negligence to injury. To prove negligence, the attorney must show that the health care provider’s actions—or lack of action—directly caused the injury. This could involve demonstrating how a delay in delivery caused oxygen deprivation, leading to conditions like cerebral palsy.
- Building the case with evidence. Attorneys gather testimony from medical experts, analyze hospital protocols, and review any prior complaints or incidents involving the provider to strengthen the claim.
If successful, a birth injury attorney can help families hold the OB-GYN, delivery room nurse, or other medical professional accountable for the harm they caused and get compensation to support the needs of their child, including coverage for medical bills, long-term care, and emotional suffering.
Where can I find the best New Mexico birth injury attorney near me to help with my child’s claim?
If your child has suffered a birth injury, you deserve an attorney with proven results who understands the complexities of these cases and truly cares about your family’s future. That’s why, time and time again, New Mexico families turn to Brown Trial Firm.
Laura Brown has spent her career fighting for families impacted by birth injuries, so she understands these injuries impact not just your child but your entire family. By working with an experienced New Mexico birth injury attorney like Laura Brown, who exclusively handles birth injury claims, you can be confident you’re getting someone who knows the medical and legal details of your case inside and out.
If you’re ready to take the first step toward getting the justice and compensation your child deserves, contact Brown Trial Firm today and schedule a free consultation.
