Have you or your baby suffered a birth-related injury at a hospital?
If so, you may be wondering where to turn and what you can do from here.
Birth injuries caused during the labor and delivery process can be traumatizing and even life-threatening.
A serious birth injury that afflicts the newborn can profoundly affect the life of that baby, as well as the baby’s family.
Unfortunately, in most cases, such injuries are preventable.
When a family suffers a birth injury, they often suffer significant financial ramifications as they attempt to remedy the harm caused during the birth. The financial toll can be back-breaking.
If you or your baby suffered injuries during the delivery process due to the wrongful or negligent actions of your healthcare provider, you may be entitled to recover compensation for medical malpractice.
At Poulos & Cavazos, LLP, we are dedicated to shifting the financial burden from the victim’s family to the insurers of the negligent doctor or hospital.
Contact us online or call (575) 218-7873 to discuss your potential claim with one of our experienced birth injury attorneys today.
What New Mexico Birth Injury Malpractice Lawyers Want You to Know
Before you decide what to do next, here’s a quick rundown of what matters most in a birth injury malpractice claim.
- A birth injury is not the same as a birth defect. Birth defects come from genetic factors, while birth injuries happen during labor and delivery, most often from a lack of oxygen to the baby.
- Common birth injuries include cerebral palsy, Erb’s palsy, brain hypoxia, facial paralysis, and bone fractures, and many of these are preventable with proper medical care.
- Proving malpractice requires showing four things: the provider owed a duty of care, breached that duty, caused actual harm, and that the harm resulted directly from the breach.
- Poulos & Cavazos, LLP handles birth injury malpractice cases on a no-win, no-fee basis, so your family pays nothing in legal fees unless we win your case.
What Is a Birth Injury?
A “birth injury” is any physical harm or damage to a baby or the mother that occurs during the birthing process or immediately thereafter.
In some cases, birth injuries are obvious. In other cases, however, the effects of a birth injury may not present themselves until much later.
It is often the case that the first indication that the baby suffered a birth injury is when that child begins to miss developmental milestones, such as walking, talking, and interacting with others.
Is a Birth Injury Different from a Birth Defect?
Yes, a birth injury is different from a birth defect.
Specifically, birth injuries and birth defects are distinct in that birth defects are usually genetically inherited abnormalities in a baby’s DNA. Birth defects are not the result of any trauma during birth.
A birth injury, on the other hand, is an injury that is inflicted solely during the labor and delivery process. Often, the injury is to the child’s brain, and it most often is caused by inadequate amounts of oxygen during labor and/or delivery.
Commonly Reported Birth Injuries
There are many injuries that can occur during the birthing process. Some of the most common birth injuries include:
- Cerebral palsy,
- Erb’s palsy,
- Facial paralysis,
- Shoulder dystocia,
- Brain hypoxia,
- Perinatal asphyxia,
- Bone fractures, and
- Spinal cord injuries.
(In milder cases, some babies don’t lift their head during tummy time, a concern for many parents. If you are experiencing this, read more in our article, My Baby is Not Lifting Their Head – Can I Sue for Malpractice?)
Sometimes, these types of birth injuries may occur naturally and are not the fault of any one person.
However, if a birth injury is the result of medical malpractice, you and your baby may have a claim for recovery.
Whenever a medical provider is negligent during the birth and delivery process, the mother and child can suffer significant trauma.
A birth trauma lawyer can help you determine the strength of your claim and what you can do to recover.
Fill out our free form below to speak with one of our experienced Birth Injury Lawyers:
How Do I Prove Medical Malpractice in a Birth Injury Case?
Medical malpractice is a form of negligence.
To establish a claim for medical malpractice, generally, you have to prove four things:
- The medical professional owed a duty of care to their patient to provide the same level of care that a reasonably prudent medical professional would provide in the same or similar circumstances;
- The medical professional breached their duty of care;
- The victim suffered actual harm or damages; and
- The medical professional’s breach of their duty was the cause of the victim’s damages.
To bring a successful birth injury medical malpractice case, you must be able to prove each of these elements.
Thus, it is imperative that you have a knowledgeable and experienced birth injury malpractice lawyer to help you pursue your claims.
(Want to find a great birth injury lawyer? Read our article on how to find the best birth injury lawyer near you!)
What Constitutes a Breach of Duty in a Birth Injury Case?
Proving that the medical provider breached their duty is not always an easy task.
A breach occurs when the healthcare provider fails to act with the same level of care that a reasonably prudent medical professional would have under those circumstances.
Examples of a breach of duty that might occur during the labor and delivery process include:
- Using excessive force during delivery;
- Delaying a C-section for too long;
- Failing to properly interpret fetal monitoring;
- Failure to diagnose and treat an infection;
- Failure to adequately monitor the baby;
- Dropping the baby after birth;
- Choosing an inappropriate delivery method;
- Failure to recognize and treat lack of oxygen; and
- Providing incorrect medication or dosage.
These are just some of the ways a doctor can breach his or her duty to your baby.
If you have concerns about whether a medical professional breached their duty of care in your birth injury case, contact a birth injury attorney at Poulos & Cavazos today.
Causation: A Difficult Element to Prove
Causation is often one of the most difficult elements to prove in these types of lawsuits. You must be able to show that it was the provider’s breach that actually caused the birth injury.
This can be accomplished by establishing that the birth injury would not have occurred if the doctor did not breach his or her duty.
Of course, some birth injuries may be the result of factors entirely unrelated to the quality of care provided by the medical professional.
Proving a claim for medical malpractice can be difficult in even the most experienced hands. Insurance companies attempt to avoid liability by denying allegations made by victims.
A birth injury attorney can help you defend against this tactic and hold the responsible parties accountable for their malpractice.
Is It Really Worth Hiring a Birth Injury Malpractice Law Firm?
In short, absolutely.
The importance of having an experienced birth injury malpractice lawyer in your corner as you pursue your claims cannot be overstated.
A medical malpractice attorney can help you gather evidence, assess your damages, interview experts and potential witnesses, and complete countless other crucial tasks necessary for a successful claim.
Many medical malpractice victims worry about the costs associated with pursuing a lawsuit. But we don’t think that’s something you should worry about as you pursue your legal rights.
That’s why at Poulos & Cavazos, LLP, we operate on a no-win, no-fee arrangement. This means that you will not pay us any legal fees unless and until we win your case.
So don’t wait—contact our team of medical malpractice birth injury attorneys today.
We offer free consultations to potential clients, so you know what you can expect before deciding whether and how to move forward. Let’s discuss your case and see what our medical malpractice lawyers can do to help you recover.
FAQs About New Mexico Birth Injury Malpractice Claims
Here are answers to questions families in Las Cruces often ask about birth injury malpractice cases.
A birth injury is any physical harm to a baby or mother occurring during labor, delivery, or immediately after. Some birth injuries are obvious right away, while others, like developmental delays, may not show up until months later when the child misses milestones such as walking or talking.
A birth defect is a genetic abnormality present in the baby’s DNA and is not caused by trauma. A birth injury, by contrast, happens during the labor and delivery process itself, most often affecting the brain due to a lack of oxygen during birth.
The most commonly reported birth injuries include cerebral palsy, Erb’s palsy, facial paralysis, shoulder dystocia, brain hypoxia, perinatal asphyxia, bone fractures, and spinal cord injuries. While some occur naturally, many result from preventable medical errors during delivery.
At Poulos & Cavazos, LLP, it costs nothing upfront. We handle birth injury malpractice cases on a no-win, no-fee basis, so you only pay legal fees if we recover compensation for your family. Consultations to discuss your potential claim are always free.
If you suspect you’re a victim, don’t risk passing up the justice you may deserve. There’s too much at stake for you and your family.
Contact us for a FREE consultation. We’ll answer your questions and help you determine if you have a case. Contact Us
Where to find our Las Cruces, NM office:
