Birth Injuries Your Injury, Our Fight

Work With Our Experienced Team of Attorneys

Las Cruces Birth Injury Attorney

Fighting for Those Who Were Injured During Birth in New Mexico

If your child has suffered a birth injury, you understand the emotional and physical challenges that come with it. At Buckingham & Vega Law Firm, we are committed to delivering compassionate and experienced legal representation to families who are navigating the aftermath of birth injuries. Our Las Cruces birth injury lawyer works tirelessly to hold negligent healthcare providers liable and secure the compensation your family rightfully deserves. With a profound understanding of medical malpractice laws and a commitment to your family’s well-being, we are here to guide you every step of the way.

Call Buckingham & Vega Law Firm today at (505) 388-0066 or contact us online to schedule a consultation with our birth injury lawyer in Las Cruces.

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Our Results Make a Difference

Explore How We Have Helped Our Clients

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.
$12 Million Birth Injury
The attorneys at Buckingham & Vega obtained a $12 million birth injury settlement.
$2.5 Million Surgical Negligence
Our team obtained a $2.5 million verdict in a medical malpractice case that involved a gallbladder removal. The surgeon failed to identify the proper anatomy and cut the wrong duct.
$2 Million Hospital Negligence
Our team obtained a $2 million settlement on behalf of a client who was catastrophically injured due to a hospital's failure to diagnose (missed diagnosis).
$1.75 Million Wrongful Death
We secured $1.75 million after a wrongful death that occurred after a complication from a colonoscopy.
$1.75 Million Catastrophic Injury
The attorneys at Buckingham & Vega Law Firm obtained a $1.75 million settlement on behalf of a client who was injured due to medical negligence.

View All Results

Types of Birth Injuries Resulting from Medical Negligence

Birth injuries are physical or neurological injuries sustained by a newborn during labor, delivery, or shortly after birth. These injuries can have long-lasting effects on the child's health and quality of life and even result in fatalities during or after delivery.

There are many types of birth injuries that can result from medical negligence in New Mexico, including:

Cerebral Palsy

This birth injury is a movement disorder resulting from brain damage before, during, or after birth. It can result from medical negligence due to excessive pulling on the infant’s head during delivery, failure to detect fetal distress, failure to detect and treat maternal infections, and the improper use of delivery tools (such as forceps or extraction devices).

Erb’s Palsy

This birth injury entails damage to the brachial plexus (the nerves connecting the spine to the arms and shoulders). This can result from medical negligence involving too much pressure on newborns’ shoulders during a vaginal delivery, improperly pulling the baby’s head or neck during birth, and excessive force to pull on the baby’s feet during feet-first (“breech”) deliveries.

Shoulder Dystocia

Shoulder dystocia is a birth injury that occurs when the baby's shoulder gets stuck behind the mother's pubic bone after the head has been delivered. The prolonged compression of the umbilical cord can lead to a lack of oxygen, and the baby's brachial plexus nerves can be stretched or injured.

Shoulder dystocia can result from medical negligence when healthcare providers fail to identify all relevant risk factors, improperly use forceps or vacuum extraction devices, fail to perform a timely cesarean section (C-section), or administer care with insufficient training or preparation.

While this is far from a comprehensive list, other common birth injuries resulting from medical negligence include:

Kernicterus: This birth injury involves severe brain damage. It affects babies and newborns due to untreated jaundice.
Spinal cord injuries: Babies can sustain spinal cord injuries due to physical trauma during labor or delivery.
Periventricular leukomalacia (PVL): This birth injury involves damage to the white matter in the baby’s brain.
Hypoxic-ischemic encephalopathy (HIE): This birth injury entails extreme brain damage due to lack of oxygen or blood flow.

Why Do Birth Injuries Occur?

While many birth injuries are caused by medical malpractice, negligent providers aren’t the sole cause of birth injuries. The unfortunate reality is that the causes of birth injuries can remain unknown, leaving families to grapple with a frustrating lack of knowledge. There may also be other factors at play, such as maternal health conditions, genetic factors, or natural causes.

In other cases, however, medical negligence is to blame. Common examples of medical negligence leading to birth injuries include:

Improper use of forceps or extraction devices: Healthcare providers may misuse forceps or vacuum extractors during delivery, leading to excessive force or trauma to the baby's head, neck, or shoulders. This can result in injuries such as skull fractures, brain damage, or nerve damage.
Excessive force during delivery: Applying excessive force during delivery can cause birth injuries. Healthcare providers must exercise caution and skill when assisting with the birthing process to avoid causing harm to the baby. Excessive pulling or twisting can lead to conditions such as Erb's palsy, brachial plexus injuries, or fractures.
Delayed or inappropriate interventions: Timely interventions are crucial during labor and delivery to ensure the safety of both the mother and the baby. When healthcare providers fail to recognize and respond promptly to signs of distress, it can result in birth injuries. Delayed decisions regarding emergency cesarean sections or failure to address complications effectively can be considered medical negligence.
Failure to monitor fetal distress: Continuous monitoring of the baby's heart rate and other vital signs during labor and delivery is essential. If healthcare providers fail to identify and appropriately respond to signs of fetal distress, it can lead to oxygen deprivation and subsequent birth injuries, including brain damage or cerebral palsy.
Medication errors: Administering incorrect medications or improper dosages during pregnancy, labor, or delivery can have serious consequences for the baby. Medication errors can lead to complications such as respiratory distress, organ damage, or developmental issues.
Failure to diagnose or treat maternal infections: Certain infections, if left undiagnosed or untreated during pregnancy, can pose risks to the baby. Failure to test for or properly manage infections like Group B streptococcus (GBS), toxoplasmosis, or rubella can result in birth injuries.

Proving Liability in a Birth Injury Lawsuit

Proving liability in a birth injury lawsuit in New Mexico involves establishing several key elements to demonstrate that the responsible parties acted negligently or failed to meet the standard of care required, leading to the injury. The following elements are essential in proving liability:

Duty of Care: Healthcare providers have a legal obligation to provide a standard level of care during pregnancy, labor, and delivery. This means acting as a reasonably competent provider would under similar circumstances, ensuring the safety and well-being of both the mother and the baby.
Breach of Duty: A breach of duty occurs when a healthcare provider fails to meet the established standard of care. This involves actions or omissions that a reasonably competent provider would not have made in the same situation.
Causation: Causation requires proving a direct link between the healthcare provider's breach of duty and the birth injury. It must be shown that the injury would not have occurred if the provider had adhered to the standard of care.
Damages: Damages refer to the actual harm or injury resulting from the breach of duty. This includes physical, emotional, and financial harm, such as medical expenses, long-term care costs, and pain and suffering.

Successful claims often involve a detailed review of medical records and objective analysis by medical experts to establish the connection between the healthcare provider's actions and the injury. This supports the argument that the injury was a foreseeable consequence of the provider's negligence.

What are the Potential Challenges in Pursuing a Birth Injury Lawsuit in New Mexico?

Pursuing a birth injury lawsuit in New Mexico can present several challenges. These include the complexity of proving medical negligence, the need for extensive and costly expert testimony, and the emotional toll on the family. Additionally, medical providers and their insurers often have significant resources to defend against claims. Navigating these challenges requires a skilled attorney with experience in birth injury cases, who can build a strong claim, manage the legal intricacies, and provide support throughout the process.

When to Hire a Las Cruces Birth Injury Lawyer

You may be surprised to learn that identifying medical malpractice as the likely cause of a birth injury isn’t enough to recover damages in court. Birth injury lawsuits can be tricky and complex to navigate, and without sufficient evidence and a compelling claim, even the most deserving victims can fail to receive fair compensation.

Working with a trusted birth injury lawyer is integral to maximizing your claim and recovering full damages in a birth injury lawsuit. Our lawyers help victims secure compensation after birth injuries by:

Applying an In-Depth Legal Knowledge of State Laws

Our team has decades of experience seeking compensation for victims in birth injury lawsuits. With a proven track record of case results, including eight-figure verdicts, you can trust our extensive legal knowledge and diverse skillset to stay informed about changes in relevant state laws or procedural rules, ensuring that every avenue is explored and leveraged to properly support the interests of our clients.

Investigating Your Claim and Gathering Evidence

Our firm leaves no stone unturned in our investigation. You can rely on our attorneys to conduct an extensive evaluation and assess the unique circumstances of your claim to calculate and maximize the value of your claim.

Establishing Medical Negligence as the “Proximate Cause” of the Birth Injury

It isn’t enough to prove that medical negligence occurred in a birth injury lawsuit. Instead, plaintiffs bear the burden of proof, meaning that the victim is responsible for proving by a preponderance of the evidence (that it is “more likely than not”) that the birth injury was directly caused by medical malpractice (known as “proximate cause”).

To successfully establish medical malpractice as the proximate cause in a birth injury claim, your lawyer can assist you with gathering sufficient evidence, such as arranging interviews with experts and relevant medical specialists to verify key facts of your claim and accessing important medical records and related documentation to show that medical malpractice directly caused the birth injury.

Frequently Asked Questions About Birth Injuries

What Should I Do If I Suspect a Birth Injury?

If you suspect a birth injury, it is crucial to seek immediate medical evaluation for your child to accurately diagnose any conditions that may have resulted from the birthing process. Early intervention can play a vital role in mitigating long-term effects on the child's health. In addition to medical support, consider consulting a qualified birth injury attorney who can provide guidance on the legal aspect of your situation. This includes understanding potential claims for compensation to account for medical expenses, ongoing care, and related losses. Buckingham & Vega Law Firm offers a compassionate approach to discussing your concerns, ensuring families in Las Cruces are listened to and supported throughout the process.

How Does the Birth Injury Legal Process Work in New Mexico?

The legal process for a birth injury claim in New Mexico involves several stages. Initially, a detailed investigation is conducted to gather relevant medical records and evidence to support your claim. This is followed by consultations with medical experts who can substantiate the link between alleged negligence and the birth injury. Once a robust claim is formulated, the attorney will negotiate with the relevant parties to seek a fair settlement. If a satisfactory settlement is not achieved, the claim may proceed to trial, where a judge or jury will hear the claim. This process underscores the importance of having a skilled legal team, such as Buckingham & Vega Law Firm, by your side to navigate the intricacies involved.

What Types of Compensation Are Available for Birth Injuries?

Compensation for birth injuries typically covers several areas, including medical expenses, pain and suffering, and costs related to ongoing care and rehabilitation. In Las Cruces, understanding the specific entitlements requires comprehensive legal knowledge to calculate both immediate and future needs. Medical expenses can include anything directly related to ongoing treatment, therapy, or necessary home modifications. Pain and suffering compensation accounts for the emotional impact and life changes experienced by the family and child. Additionally, some claims may cover lost wages for parents who need to alter their work arrangements to care for their child. A qualified attorney helps secure full compensation to ensure financial stability and necessary resources for recovery.

Contact Our Birth Injury Lawyer in Las Cruces Today

Recovering from birth trauma can be an emotional and time-consuming process. That’s why our compassionate team is devoted to pursuing justice for families impacted by birth injuries. If you or your child were harmed by medical malpractice during pregnancy or childbirth, put decades of legal experience on your side by working with our seasoned Las Cruces attorneys.

Our articulate advocates are well-versed in New Mexico medical malpractice law and have a diverse legal background to deliver high-quality representation customized to meet the needs of each client we serve. We understand the gravity and emotional toll that comes with experiencing a wrongful injury, which is why Buckingham & Vega Law Firm is here to guide your steps with wisdom and care.

Our Las Cruces birth injury attorneys can work to hold negligent healthcare providers accountable for the harm they’ve caused. Call (505) 388-0066 to schedule a free consultation.

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