Battling for Just and Fair Birth Injury Settlements

According to the CDC, 6 out of 1,000 infants born in the US suffer severe birth injuries, such as developmental disorders, broken bones, and neurological issues. The successful birth injury attorneys at The Alvarez Law Firm have fought numerous birth complications and injury lawsuits over the years across the USA and are ready to serve the community of New Mexico. Our committed birth injury lawyers have the experience, knowledge, and resources to resolve your case favorably.

Examples of Serious Birth Injuries

  • Cerebral Palsy: This neurological disorder can result from oxygen deprivation or brain damage during birth, leading to lifelong difficulties with movement, muscle coordination, and posture.
  • Erb's Palsy: Also known as brachial plexus injury, Erb's palsy occurs when the nerves in the baby's shoulder are damaged during a difficult delivery, causing weakness or paralysis in the arm.
  • Hypoxic-Ischemic Encephalopathy (HIE): HIE occurs when the baby's brain doesn't receive enough oxygen and blood flow, often due to complications during labor or delivery. It can result in long-term neurological issues or developmental delays.
  • Shoulder Dystocia: This birth complication happens when the baby's shoulder gets stuck behind the mother's pubic bone during delivery, potentially leading to nerve injuries, fractures, or other birth trauma.
  • Spinal Cord Injuries: Mishandling or improper use of delivery instruments like forceps or vacuum extractors can cause spinal cord injuries in newborns, affecting their mobility and sensory functions.
  • Facial Nerve Palsy: This condition can occur when pressure is applied to the baby's face during delivery, leading to temporary or permanent paralysis of facial muscles.
  • Bone Fractures: Improper handling or excessive force during delivery can result in bone fractures, such as fractures in the collarbone or skull, which may require medical intervention and monitoring.
  • Intracranial Hemorrhage: This serious condition involves bleeding inside the baby's skull, often caused by trauma during birth, and can lead to brain damage or other complications.
  • Perinatal Asphyxia: When the baby experiences prolonged oxygen deprivation during labor or delivery, it can result in perinatal asphyxia, which may lead to serious neurological issues or even death if not promptly treated.
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What Are Some Common Causes of New Mexico Birth Injuries that Count as Medical Malpractice?

Medical negligence, or malpractice, refers to instances where healthcare professionals or institutions, including doctors, specialists, and hospitals, fail to deliver care up to the accepted standards, causing injury, sickness, or decline in the patient's condition.

Some common causes of birth injuries in New Mexico that may constitute medical malpractice include:

  • Failure to Monitor Fetal Distress: Healthcare providers must closely monitor the baby's vital signs during labor. Failure to detect and respond to signs of fetal distress, such as abnormal heart rate or oxygen levels, can lead to birth injuries.
  • Delayed or Improper Delivery: Timely delivery is crucial to prevent birth injuries. Delays in performing a cesarean section when necessary or using excessive force during vaginal delivery can result in harm to the baby.
  • Misuse of Delivery Instruments: Improper use of forceps, vacuum extractors, or other delivery instruments can cause injuries like skull fractures, nerve damage, or brain trauma to the newborn.
  • Medication Errors: Incorrect dosage or administration of medications during labor and delivery can have adverse effects on both the mother and the baby, leading to complications and potential birth injuries.
  • Failure to Diagnose and Treat Conditions: Healthcare providers must promptly diagnose and properly manage conditions such as gestational diabetes, preeclampsia, infections, or other maternal health issues to prevent birth injuries.
  • Inadequate Prenatal Care: Insufficient prenatal care, including missed screenings, inadequate monitoring of maternal health, and failure to address risk factors can contribute to birth injuries that could have been prevented with proper medical attention.
  • Lack of Informed Consent: Performing medical procedures or interventions without obtaining informed consent from the parents can be considered medical malpractice, especially if the procedure leads to harm or injury.
  • Negligent Postnatal Care: Inadequate postnatal care, including failure to identify and address newborn complications promptly, can result in worsening conditions or missed opportunities for early intervention.

How Do I Prove Medical Malpractice in a Birth Injury Lawsuit?

To prove medical malpractice in a New Mexico birth injury lawsuit, you typically need to establish several key elements:

Duty of Care

Establish that the healthcare provider owed a duty of care to the mother and newborn. This duty includes providing treatment and care that meets the standard of care expected in similar circumstances.

Standard of Care

Define the standard of care a reasonable and competent healthcare provider would have provided under the same circumstances. This often requires expert medical testimony to explain what constitutes acceptable medical practice.

Breach of Duty

Demonstrate that the healthcare provider breached the standard of care by acting negligently, recklessly, or in a manner that deviated from accepted medical practices. This could involve diagnosis, treatment, monitoring, or surgical procedure errors.


Establish a direct link between the healthcare provider's breach of duty and the birth injury the mother or newborn suffered. This requires showing that the provider's actions or negligence directly caused or significantly contributed to the harm.


Document and quantify the damages resulting from the birth injury, including medical expenses, pain and suffering, ongoing healthcare needs, loss of income, and other related damages.

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How Do I File a Birth Injury Claim in New Mexico?

To file a birth injury claim in New Mexico, follow these steps:

  • Gather Medical Records: Collect all relevant medical records related to the pregnancy, labor, delivery, and postnatal care. These records will be essential in evaluating the circumstances of the birth injury and establishing a basis for your claim.
  • Statute of Limitations: Be aware of the statute of limitations for filing a birth injury claim in New Mexico. Generally, the statute of limitations is three years from the date of the injury. However, there may be exceptions or variations based on the specific details of your case. It is important to consult your New Mexico attorney as soon as possible to understand the possible time limitations.
  • Investigate Potential Malpractice: Work with your attorney to investigate whether medical malpractice may have occurred. This involves reviewing medical records, consulting experts, and evaluating the standard of care provided during pregnancy, labor, and delivery.
  • Document Damages: Document all damages resulting from the birth injury, including medical expenses, ongoing healthcare needs, loss of income, and emotional distress. Keep records of treatments, prescriptions, and any related costs.
  • File a Complaint: Your attorney will help you draft and file a formal complaint with the appropriate court in New Mexico. The complaint outlines the details of the birth injury, allegations of medical malpractice, and the damages sought.
  • Serve the Defendant: Once the complaint is filed, it must be served to the healthcare provider or institution named as the defendant in the case. Proper service ensures that the defendant is aware of the lawsuit and has the opportunity to respond.
  • Discovery Process: The legal process will enter the discovery phase, where both parties exchange information, depose witnesses, and gather evidence to support their arguments.
  • Negotiation or Trial: Depending on the circumstances, your attorney may negotiate a settlement with the defendant's insurance company or proceed to trial if a fair settlement cannot be reached. Your attorney will advocate for your rights and seek appropriate compensation for your damages.

Who Can Be Held Responsible for a Newborn Birth Injury?

Several parties may be held responsible for a newborn birth injury in New Mexico, depending on the circumstances:

Healthcare Providers

This includes doctors, obstetricians, nurses, midwives, anesthesiologists, and other medical professionals involved in the mother and newborn's prenatal care, labor, delivery, and postnatal care.

Hospitals and Medical Facilities

Hospitals, birthing centers, clinics, and other healthcare facilities may be held liable if their policies, practices, or staffing contributed to the birth injury. Issues such as understaffing, inadequate training, or equipment failures can be involved.

Pharmaceutical Companies

If a birth injury resulted from medication errors, defective drugs, or inadequate warnings about medication use during pregnancy or childbirth, pharmaceutical companies may be held responsible.

Medical Device Manufacturers

If a birth injury was caused by a defect in a medical device used during childbirth, such as forceps, vacuum extractors, or monitoring equipment, the manufacturer of the defective device could be liable.

Third Parties

In some cases, third parties not directly involved in medical care but whose actions or products contributed to the birth injury may be held responsible. For example, the contractor could be liable if a contractor's negligence led to unsafe conditions in a hospital's maternity ward, resulting in a newborn's injury.

Government Entities

In rare cases involving government-operated healthcare facilities or providers, such as public hospitals, government entities may be held accountable for birth injuries caused by negligence or malpractice.

What Compensation Can I Get for a Birth Injury Lawsuit in New Mexico?

In a birth injury lawsuit in New Mexico, the following types of compensation may be sought:

  • Medical Expenses: Compensation can cover past, current, and future medical expenses related to the birth injury. This includes costs for hospitalization, surgeries, medications, rehabilitation, therapy, assistive devices, and ongoing medical care.
  • Pain and Suffering: Damages may be awarded for the physical pain and suffering endured by the child as a result of the birth injury. This includes both present pain and suffering and anticipated future pain and suffering.
  • Emotional Distress: Compensation can be sought for emotional distress experienced by the child and family members due to the birth injury. This may include anxiety, depression, trauma, and psychological impact.
  • Loss of Earning Capacity: If the birth injury results in long-term or permanent disabilities that limit the child's ability to work and earn a living in the future, compensation may be awarded for the loss of earning capacity.
  • Special Education and Care Needs: If the child requires special education, therapy, adaptive equipment, home modifications, or other specialized care due to the birth injury, the cost of these services can be included in the compensation.
  • Loss of Consortium: Family members, such as parents or spouses, may be entitled to compensation for the loss of companionship, support, and services of the injured child due to the birth injury.
  • Punitive Damages: In cases of extreme negligence or intentional misconduct by the healthcare provider or facility, punitive damages may be awarded as a form of punishment and deterrent.
  • Legal Fees and Costs: The prevailing party in a birth injury lawsuit may also recover reasonable legal fees and litigation costs incurred during the legal process.
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Can I File a Wrongful Death Lawsuit for Birth Injuries in New Mexico?

Yes, you can file a wrongful death lawsuit for birth injuries in New Mexico under certain circumstances:

  • A wrongful death lawsuit can be filed if the birth injury directly caused the death of the newborn or the mother. Wrongful death claims in birth injury cases typically arise from medical malpractice or negligence during pregnancy, labor, delivery, or postnatal care.
  • In New Mexico, the personal representative of the deceased's estate or designated family members can file a wrongful death lawsuit on behalf of the surviving family members, including the spouse, children, and parents of the deceased newborn or mother.
  • There is a statute of limitations for filing a wrongful death lawsuit in New Mexico. Generally, the lawsuit must be filed within three years from the date of death. It's crucial to consult with a wrongful death attorney to ensure compliance with deadlines.
  • To succeed in a wrongful death lawsuit, you must prove that the birth injury and subsequent death were caused by the negligence, recklessness, or wrongful actions of a healthcare provider, facility, or other party responsible for the care of the newborn or mother.
  • Medical experts play a crucial role in wrongful death cases involving birth injuries. They can provide opinions on the standard of care, causation of the injury, and the connection between the negligence and the resulting death.

In a wrongful death lawsuit for birth injuries, damages can include compensation for:

  • Medical expenses
  • Funeral and burial costs
  • Loss of financial support
  • Loss of companionship
  • Emotional pain and suffering experienced by the surviving
  • family members

Rely on The Alvarez Law Firm for New Mexico Birth Injuries

Errors during pregnancy or childbirth can turn a happy occasion into a tragic event. The esteemed birth injury attorneys at The Alvarez Law Firm have helped numerous families obtain rightful compensation from negligent healthcare providers and are ready to serve the New Mexico community. 

"Integrity for justice" is more than a slogan; it's our guiding principle in all our work. Our firm provides strategic and compassionate legal representation to help you hold healthcare providers accountable for your child's injuries. Contact us now to schedule a complimentary, confidential consultation with one of our experienced New Mexico medical malpractice attorneys.

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