
Understanding When Medical Negligence May Be to Blame
When a child is diagnosed with a serious condition at birth, families understandably want answers. But not every poor outcome during pregnancy, labor, or delivery means that medical malpractice occurred.
At Buckingham & Vega Law Firm, we help families determine whether their child’s injury was preventable and whether medical negligence played a role.
Newborns can suffer from birth defects or birth injuries, and it’s important to understand the difference:
- Birth defects develop during pregnancy, often due to genetic factors or unavoidable conditions. These are abnormalities present at birth that affect the structure or function of the baby’s body. Most birth defects are not caused by medical error. However, legal action may be possible if a healthcare provider improperly exposed the mother or fetus to harmful substances, such as certain medications, chemicals, or toxins.
- Birth injuries happen when something goes wrong during pregnancy, labor, or delivery, often linked to the actions or inactions of medical professionals. A birth injury may give rise to a malpractice claim if it resulted from a provider’s failure to meet the accepted standard of care.
Medical malpractice occurs when a provider’s care falls below accepted standards and causes harm. While every birth involves some risk, certain situations raise serious concerns about whether proper care was provided.
These include:
- Failure to monitor the baby or mother for signs of distress during labor
- Delays in performing a C-section when medically necessary
- Improper use of delivery tools like forceps or vacuum extractors
- Medication errors that harm the baby or mother
- Failure to recognize and respond to pregnancy or delivery complications
Determining whether you have a valid birth injury claim isn’t always straightforward. Medical cases are complex, and families often don’t have all the facts they need. The best way to understand your rights and options is to have your case reviewed by an experienced birth injury lawyer in Albuquerque.
At Buckingham & Vega Law Firm, we offer free, confidential consultations and can help you evaluate what happened, whether negligence played a role, and how to move forward.
Types of Birth Injury Cases We Handle
At Buckingham & Vega Law Firm, we represent families in Albuquerque and across New Mexico in a wide range of birth injury cases. Our team has experience handling claims involving:
- Cerebral palsy (CP)
- Hypoxic-ischemic encephalopathy (HIE)
- Erb’s palsy/brachial plexus injuries
- Brain damage from delayed C-section or failure to monitor fetal distress
- Shoulder dystocia and related nerve injuries
- Intracranial hemorrhage and brain bleeds
- Skull fractures or head trauma from improper use of delivery tools
- Facial nerve injuries, including facial paralysis
- Maternal injuries or wrongful death related to labor and delivery negligence
Our attorneys have a proven track record of holding hospitals, doctors, and other medical professionals accountable in these complex cases. No matter the circumstances, we approach every claim with the resources and dedication needed to help families pursue justice and secure a better future for their child.
Common Causes of Birth Injuries
Birth injuries related to medical malpractice can result from a variety of errors. Common examples include:
- Failure to monitor. Healthcare providers must monitor the baby and mother for signs of distress throughout labor and delivery. Inadequate monitoring can delay recognition of complications and critical interventions.
- Delayed or improper delivery decisions. Timely action — including deciding when to perform a C-section — is essential. Delays can increase the risk of injury when complications arise.
- Misuse of medical instruments. Improper use of forceps, vacuum extractors, or other tools can cause trauma to the baby’s head, face, or neck, resulting in nerve damage, fractures, or brain injuries.
- Medication errors. Administering the wrong medication or dosage — or failing to account for contraindications during pregnancy — can endanger both mother and baby.
- Failure to recognize or manage complications. Conditions such as preeclampsia, umbilical cord issues, placental abruption, or fetal distress require swift and appropriate care.
- Inadequate prenatal care. Neglecting necessary screenings, ultrasounds, or tests during pregnancy can result in undiagnosed conditions that increase the birth injury risk.
- Breakdowns in communication or consent. Failing to properly inform and involve the mother in care decisions may also contribute to poor outcomes.
Proving Birth Injury Malpractice
To succeed in a New Mexico birth injury case, you must prove that:
- A provider-patient relationship existed (duty of care)
- The medical provider’s care fell below the accepted standard (breach of duty)
- This breach directly caused harm to your child (causation)
- The harm resulted in damages (such as medical costs, disability, or future care needs)
These cases often involve multiple providers — obstetricians, nurses, anesthesiologists — as well as the hospital or medical facility itself. Identifying who is responsible requires a thorough investigation and collaboration with medical experts.
At Buckingham & Vega Law Firm, our team has extensive experience building strong birth injury cases. We work with respected experts to review records, analyze decisions, and present clear, compelling evidence. Our results — including record-breaking verdicts — reflect our ability to hold negligent providers accountable.
Who May Be Liable in a Birth Injury Case?
Depending on the circumstances, several parties may bear responsibility for a birth injury, including:
- Healthcare providers, such as obstetricians, midwives, nurses, anesthesiologists, or other professionals involved in care.
- Hospitals or medical facilities, which may be liable for the actions of their staff under New Mexico’s vicarious liability laws.
- Medical equipment manufacturers, if a defective tool or device contributed to the injury.
- Pharmaceutical companies, in cases where medications caused harm and lacked appropriate warnings.
Our birth injury attorneys in Albuquerque know how to identify liable parties and pursue claims that reflect the full scope of your family’s damages, from immediate medical costs to long-term care needs.
The Value of Trusted Legal Guidance
Birth injury cases are among the most complex types of medical malpractice claims. It can be difficult for families to know whether negligence occurred, let alone how to navigate the legal process.
The best way to understand your rights and options is to have your case reviewed by an experienced birth injury lawyer in Albuquerque. At Buckingham & Vega Law Firm, we offer free, confidential consultations to help families evaluate what happened and determine the next steps.
Call (505) 388-0066 or contact us online to get started. Se habla español.

The Right Legal Team Matters
Meet Our Dedicated Team of Attorneys

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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
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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
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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
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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
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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
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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
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I would highly recommend using Buckingham & Vega if you have been injured in an accident. Very professional firm and well knowledgeable!Former Client
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We had a great experience working with Adrian. He was very professional and guided my family through a difficult situation.Former Client

Our Results Make a Difference
Explore How We Have Helped Our Clients
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Record-Setting $72 Million Verdict 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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$16 Million Truck Accident
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.
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$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.
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$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.
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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.
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$12 Million Birth Injury
The attorneys at Buckingham & Vega obtained a $12 million birth injury settlement.
