Forceps Delivery Injuries Your Injury, Our Fight

Forceps Delivery Injury Attorney in Albuquerque

Birth Injury Claims Evaluated by a Former Doctor & Trial Lawyer

If your baby was hurt during a forceps delivery, the questions you’re asking right now are serious ones: was this preventable, and does someone bear responsibility? At Buckingham & Vega Law Firm, we handle these cases throughout Albuquerque and New Mexico. Our firm has focused exclusively on personal injury and wrongful death claims since 1999, and birth injuries sit at the center of that work.

Founding partner Kent Buckingham practiced as a doctor before becoming a trial lawyer. That background shapes how we approach every medical malpractice evaluation: we read the delivery records the way a clinician would, identify where care fell below an acceptable standard, and build the legal case from there. Few forceps injury attorneys in Albuquerque bring that combination to the table.

If your child was harmed during delivery, we want to hear what happened. Call us at (505) 388-0066 for a free consultation with our forceps delivery injury attorney in Albuquerque, available 24/7 including virtual appointments.

Why Families in Albuquerque Come to Us

Kent Buckingham is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a credential that reflects rigorous peer evaluation. He holds licenses in New Mexico and Texas and has been named to Super Lawyers in 2023 and 2025 through 2026. His AV Preeminent rating from Martindale-Hubbell is the highest mark available in peer review.

Our firm obtained a $72 million jury verdict in a birth injury case, the largest medical malpractice verdict in New Mexico history. That result reflects the level of advocacy we bring when negligence causes lasting harm to a child. We’ve handled thousands of personal injury cases across our 25 years of practice.

We also offer Spanish-language services. If your family is more comfortable discussing these events in Spanish, we’re ready for that conversation.

When Forceps Delivery Causes Harm

Forceps are curved instruments used to guide a baby through the birth canal when labor stalls or fetal distress requires a faster delivery. Their use is generally appropriate only when the baby’s head is correctly positioned, the cervix is fully dilated, and the care team is prepared to move to an emergency C-section if needed. When those conditions aren’t met, or when technique is poor, the consequences for the baby can be serious.

Injuries associated with improper forceps use include damage to facial nerves, skull fractures, bleeding inside the skull, blood pooling between the scalp and skull, and brachial plexus injuries affecting the shoulder and arm. Mothers can also sustain significant tears from forceps misuse. Not every complication signals negligence, but some do. Determining which category your child’s injury falls into is exactly what our firm’s medical and legal background allows us to assess.

Talk to a Forceps Injury Lawyer About Your Child’s Case

We offer free consultations to evaluate what happened and give you an honest picture of your options. There’s no obligation, and we can meet in person at our Albuquerque office, virtually, or by phone, any time of day. Spanish-language appointments are available.

To speak with a forceps injury attorney in Albuquerque, call Buckingham & Vega Law Firm at (505) 388-0066 or contact us online.

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Injuries Linked to Forceps Delivery

Forceps injuries range from minor bruising that resolves within days to permanent neurological conditions. Knowing the named diagnoses can help you ask the right questions when reviewing your child’s medical records.

Facial Nerve Palsy

Pressure from the forceps blades on the baby’s facial nerves can cause weakness or drooping on one side of the face. Mild cases often resolve on their own. In more serious cases, a child may have lasting difficulty controlling facial muscles or closing one eye fully.

Skull Fracture

Excessive force applied through the forceps can fracture the baby’s skull. Most linear fractures heal without intervention, but depressed fractures or those accompanied by intracranial bleeding require immediate medical attention and can carry long-term consequences.

Intracranial Hemorrhage

Intracranial hemorrhage is bleeding inside the baby’s skull caused by the trauma and pressure of a forceps delivery. Depending on the location and volume of the bleed, it can lead to seizures, developmental delays, or lasting brain injury.

Cephalohematoma

A cephalohematoma is a collection of blood between the scalp and the skull. The visible swelling typically appears within hours of birth and, beyond its appearance, can cause jaundice, anemia, or developmental problems as the child grows.

Brachial Plexus Injury & Erb’s Palsy

The brachial plexus is a network of nerves running from the spinal cord through the shoulder and into the arm. Forceps traction that pulls on the baby’s head and neck can stretch or tear these nerves. Erb’s palsy, one form of brachial plexus injury, causes weakness or paralysis in the arm and can require surgery and years of physical therapy.

How Forceps Injuries Happen: Recognizing a Negligence Concern

Not every forceps delivery that results in injury is negligent. But certain circumstances significantly raise that risk, and recognizing them matters when evaluating a potential claim.

Improper technique or excessive force: Applying the blades incorrectly or pulling with too much force is among the most common errors linked to preventable injury.
Failure to assess delivery conditions: Forceps use requires a correctly positioned baby, full cervical dilation, and a confirmed fit between the baby’s head and the mother’s pelvis. Skipping that assessment puts the baby at elevated risk.
Mid-forceps delivery: When applied while the baby’s head is only partially descended, forceps carry an increased risk of shoulder dystocia and nerve injury. These deliveries are performed less frequently precisely because of that risk.
High forceps delivery: Applied before the baby’s head has engaged in the birth canal, high forceps deliveries carry a significantly elevated risk of harm and are generally avoided in modern obstetric practice.

Proving a Forceps Injury Malpractice Claim in New Mexico

A birth injury malpractice claim has four legal elements: a provider-patient relationship existed, the provider’s care fell below the accepted standard for that situation, that breach directly caused the harm, and the harm produced measurable damages. Meeting all four requires both medical and legal analysis, which is why Kent Buckingham’s background as a former doctor informs how we build these cases from the start.

Liability doesn’t always rest with one person. Depending on what the records show, potentially responsible parties can include the delivering physician or obstetrician, nurses and attending staff, the hospital or facility, or in some circumstances, the manufacturer of a defective instrument.

New Mexico’s Medical Review Requirement

Before a malpractice lawsuit against a qualified provider can proceed in New Mexico, the claim must go through the New Mexico Medical Review Commission. This is a required step, and how a claim is prepared and presented at that stage can affect how the case develops afterward.

Filing Deadlines for Birth Injury Cases

New Mexico’s Medical Malpractice Act generally requires that a claim be filed within three years of the date the malpractice occurred. Minors injured by malpractice receive additional time under the Act, but the exact deadline depends on the specific facts of your child’s case. Confirming that window early matters. Waiting can limit your options.

What Compensation in a Birth Injury Case Can Cover

Birth injuries often create both immediate costs and long-term needs. A serious forceps injury claim can seek to recover both.

Economic Damages
These include medical bills already incurred, rehabilitation and therapy costs, and the projected expense of future care your child may need throughout their life. For conditions like Erb’s palsy or brain injury from intracranial hemorrhage, those future costs can be substantial.

Non-Economic Damages
These address the human cost of the injury: your child’s pain and suffering, the impact of a permanent disability on their development and quality of life, and related losses that don’t appear on a medical bill.

What a claim is worth depends on the severity of the injury, the extent of economic loss, and how the injury is expected to shape your child’s life going forward. We evaluate those factors honestly during a free consultation, before you’ve committed to anything.

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"Thank God we found him. He really seemed to care about our family."
Mr. Buckingham won our case after two other law firms said it would be impossible to win. He knew the medicine better than the experts in the case. I guess the fact that he’s also a doctor was a great help.

Former Client
"He truly was impressive."
Mr. Buckingham flew to the East Coast several times & understood how a correct gall bladder surgery is supposed to be done better than the surgeon. He was very knowledgeable & precise.

Former Client
"If you want real-life heroes contact these guys. They cared when no one else did."
When I first contacted Mr.Vega, I knew he was different because he listened to me with compassion. Mr. Vega and his team gave me hope and most important they gave my son a better life.

Former Client
"Adrian Vega and his law firm changed my family's life."
They fought for my injured baby and made sure we would be taken care of for the rest of our lives. I highly recommend this law firm.

Former Client
"My family is better off having them in our corner."
We turned to him when we had nowhere else to go. Turns out it was the best decision we could have ever made. They represented us in a difficult case and made those responsible accountable for their actions.

Former Client
"Nothing but the best of the best."
This was an experience I'll never forget and felt like family and not a business associate. Adrian kept me informed and up to date on all matters of the lawsuit. Needless to say, I received more ( much more ) than expected...

Former Client
"Very professional firm and well knowledgeable!"
I would highly recommend using Buckingham & Vega if you have been injured in an accident. Very professional firm and well knowledgeable!

Former Client
"Highly Recommend"
We had a great experience working with Adrian. He was very professional and guided my family through a difficult situation.

Former Client

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Our Results Make a Difference

Explore How We Have Helped Our Clients

Record-Setting $72 Million Birth Injury
The Buckingham & Vega team obtained a $72 million verdict in a birth injury case when an OB/ GYN failed to properly monitor the mom during pregnancy.
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Buckingham & Vega obtained a $16 million settlement in a truck accident case. The truck driver was speeding and inattentive (texting) and crashed into the rear of a pickup truck stopped at a stoplight.
$14 Million Dram Shop Liability
Our team obtained a $14 million dram shop verdict on behalf of a client who was injured due to negligence.
$13 Million Truck Accident
Our team secured a $13 million settlement in a truck accident case. An eighteen-wheeler made an unsafe turn in front of a car driven by a grandmother and her family. The grandmother was killed and the family suffered severe injuries.
$13 Million Work Injury
Buckingham & Vega represented an oilfield worker who was killed when their company failed to properly train its employees on how to safely move waste bins. Our client was killed when he became trapped between two bins.
$12 Million Birth Injury
The attorneys at Buckingham & Vega obtained a $12 million birth injury settlement.

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