Wrongful Birth Attorney in Albuquerque

Medical Insight for Questions That Begin Before Birth

Wrongful birth is a term used for certain medical malpractice claims involving alleged errors in prenatal diagnosis, testing, counseling, or communication. These cases can arise when parents believe they were not given material medical information during pregnancy and that the lack of information affected decisions they were entitled to make about their care and family.

At Buckingham & Vega Law Firm, we approach these cases as medical malpractice matters first. The questions are highly specific: What information was available? What testing or counseling was appropriate under the circumstances? Were results interpreted and communicated accurately? Did a provider’s actions fall below the applicable standard of care?

Founding partner Kent Buckingham practiced for several years as a doctor before beginning his legal career and is now a board-certified trial lawyer. His medical background gives our team an additional perspective when reviewing prenatal records, testing histories, referrals, and communications between providers and families.

Our birth injury results include a $72 million jury verdict and a $12 million settlement. Past results do not guarantee what will happen in another case, but they reflect Buckingham & Vega’s experience handling complex claims involving pregnancy, medical negligence, and serious consequences for families.

What Does “Wrongful Birth” Mean?

“Wrongful birth” is commonly used to describe a claim brought by parents who allege that negligent prenatal care deprived them of important information about a fetal or genetic condition.

In New Mexico, the legal analysis still depends on ordinary medical malpractice principles. Healthcare providers may have duties to provide competent care, appropriately diagnose relevant medical conditions, and communicate medical information that a patient reasonably needs to make informed decisions.

That does not mean every missed diagnosis or unexpected condition is malpractice. The question is whether the provider met the applicable standard of care and whether any departure from that standard caused legally compensable harm.

The legal focus is not the value of a child’s life. It is whether negligent medical care deprived the parents of material information and caused losses recognized under New Mexico law.

Prenatal Errors That May Warrant Investigation

Prenatal medicine involves different forms of screening, diagnostic testing, carrier testing, imaging, and genetic counseling. Which options are appropriate depends on the pregnancy, medical history, family history, test results, and other clinical circumstances.

A potential malpractice investigation may examine issues such as:

• Whether appropriate prenatal testing or diagnostic options were discussed when medically indicated
• Whether screening or diagnostic results were interpreted correctly
• Whether abnormal or significant results were communicated to the parents
• Whether follow-up testing or referral was recommended when appropriate
• Whether genetic counseling accurately explained known findings and risks
• Whether information from laboratories, specialists, or other providers reached the treating team and the patient

These are not automatic examples of negligence. Each issue must be evaluated against the standard of care that applied at the time.

Screening, Diagnostic Testing, and Genetic Counseling Are Not the Same

One reason wrongful birth cases can become medically complicated is that prenatal testing does not consist of a single test or process.

Screening generally estimates whether a pregnancy may have an increased risk of certain conditions. Diagnostic testing is used to obtain more definitive information in appropriate circumstances. Carrier screening can provide information about whether prospective or expectant parents carry genetic variants associated with certain inherited conditions.

Genetic counseling can also play an important role in helping families understand what a test does and does not show, what additional testing may be available, and what a result means for the pregnancy.

When something appears to have gone wrong, our attorneys work to understand which type of testing or counseling was involved rather than treating every prenatal test as interchangeable.

How Buckingham & Vega Reviews a Potential Wrongful Birth Case

In our experience, these cases often turn on the medical timeline and the flow of information.

Our investigation may include reviewing:

• Prenatal medical records
• Laboratory and genetic testing reports
• Ultrasound and imaging records
• Referral records
• Genetic counseling documentation
• Communications between medical providers
• Notes showing what information was given to the parents
• Follow-up recommendations and testing

Medically complex malpractice cases also typically require qualified experts who can evaluate the applicable standard of care and explain whether a provider’s actions or omissions were significant.

Kent Buckingham’s background as a former doctor helps our legal team identify the right medical questions early in that process. We then work with the evidence and appropriate outside experts to determine whether the facts support a claim.