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 New Mexico birth injury lawyers 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 New Mexico 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 New Mexico birth injury malpractice lawyer to help you pursue your claims.
(Want to find a great birth injury lawyer in New Mexico? Read our article on how to find the best birth injury lawyer near you!)
Meet Our New Mexico Birth Injury Lawyer
Victor F. Poulos is a veteran New Mexico trial attorney with decades of experience representing victims of medical malpractice and personal injury. His commitment to medical negligence cases is deeply personal, following his daughter’s birth-related brain injury in 1981. Since then, he has dedicated his career to helping injured individuals and families seek justice and fair compensation.
With more than 120 jury trials, numerous professional honors, and leadership roles in the legal community, Victor remains actively involved in every firm case. He has been recognized by Super Lawyers, the National Trial Lawyers Association, and Martindale-Hubbell for his legal experience and professional achievements.
Based in Las Cruces, Victor is committed to holding negligent parties accountable and protecting the rights of New Mexico families. His firsthand understanding of the lasting impact of medical negligence drives his
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 New Mexico 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.
Other Medical Malpractice Cases We Handle in New Mexico
- Medical Misdiagnosis
- Surgeon Malpractice
- Hospital Nursing Malpractice
- Hospital Transfer Delay Malpractice
- Physician Malpractice
- Emergency Room Malpractice
- Anesthesia Malpractice
- Chemotherapy Malpractice
- Colonoscopy Injuries
- Gallbladder/Cholecystectomy Injuries
- Obstetrical Malpractice
- Radiology Errors
- Nerve Injuries
- Failure to Diagnose Stroke
- Heart Attack Misdiagnosis
- Sepsis Malpractice
- Wrongful Death
- Medication Errors
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
Local Resources for Birth Injury Families in Las Cruces, NM
When a birth injury raises concerns about pregnancy, labor, delivery, or newborn care, families may need medical records, specialized treatment, developmental support, or a way to report concerns. The following resources in Las Cruces and Doña Ana County can help families navigate those next steps.
These organizations provide healthcare, support, and complaint services; they do not determine whether medical malpractice occurred or replace legal advice.
Hospitals and Maternity Care
– Memorial Medical Center — 2450 S. Telshor Blvd., Las Cruces, NM 88011. Phone: (575) 522-8641. Request available labor and delivery, newborn, and related medical records through the hospital. Official website: Visit website
– MountainView Regional Medical Center — 4311 E. Lohman Ave., Las Cruces, NM 88011. Phone: (575) 556-7600. Contact the hospital about current maternity-related services, records, and patient complaints. Official website: Visit website
– Three Crosses Regional Hospital — 2560 Samaritan Dr., Las Cruces, NM 88001. Phone: 1-800-421-8274. Contact the hospital to confirm available services and medical-record procedures. Official website: Visit website
Pediatric, Developmental, and Community Health Resources
– Tresco, Inc. — 1800 Copper Loop, Las Cruces, NM 88005. Phone: (575) 528-2200. Ask about developmental services, early intervention, and therapy support. Official website: Visit website
– La Clinica de Familia — 575 S. Alameda Blvd., Las Cruces, NM 88005. Phone: (575) 528-6400. Contact the clinic about women’s health, primary care, insurance, and sliding-scale options. Official website: Visit website
– Amador Health Center — 999 W. Amador Ave., Las Cruces, NM 88005. Phone: (575) 527-5482. Ask about primary care and assistance navigating local healthcare services. Official website: Visit website
– Ben Archer Health Center — Hatch — 255 NM-187, Hatch, NM 87937. Phone: (575) 267-3088. Contact the clinic about primary care, dental care, and community health services. Official website: Visit website
Requesting Birth and Newborn Medical Records
Families can request records from each hospital, clinic, or specialist involved in pregnancy, delivery, and follow-up treatment. Relevant documents may include prenatal records, fetal monitoring strips, delivery notes, medication records, neonatal records, imaging, and discharge summaries.
– Memorial Medical Center — Medical Records: Call the hospital and ask for Health Information Management. Confirm current forms and submission procedures. Website: Visit website
– MountainView Regional Medical Center: Call (575) 556-7600 and ask about medical-record requests. Website: Visit website
– Three Crosses Regional Hospital: Call 1-800-421-8274 to ask about records-release forms. Website: Visit website
– U.S. Department of Health and Human Services: Learn about your right to access medical records under HIPAA. Official website: Visit website
Parents and legal guardians should confirm what authorization or documentation is required to obtain a child’s records.
Reporting Concerns About Medical Care
Filing a complaint is separate from pursuing a malpractice claim. A complaint does not establish negligence or automatically extend a legal filing deadline.
– New Mexico Medical Board: Handles complaints involving physicians and other professionals within its jurisdiction. Phone: (505) 476-7220. Official website: Visit website
– New Mexico Board of Nursing: Provides information about nursing-practice complaints. Phone: (505) 841-8340. Official website: Visit website
– New Mexico Health Care Authority: Contact the agency for information about healthcare facility complaints and the appropriate reporting process. Official website: Visit website
– The Joint Commission: Accepts patient-safety concerns about healthcare organizations it accredits. Official website: Report a Patient Safety Concern
Disability, Rehabilitation, and Family Support
– New Mexico Aging and Disability Resource Center (ADRC): Phone: 1-800-432-2080. Contact the center for information about disability-related services, benefits counseling, and caregiver resources. Official website: Visit website
– Rehabilitation Hospital of Southern New Mexico: Contact the facility about rehabilitation services, referrals, and eligibility for a patient’s specific needs. Official website: Visit website
– Ernest Health – Advanced Care Hospital of Southern New Mexico: Contact the facility to ask about long-term acute care for medically complex patients. Official website: Visit website
Mental Health and Family Support
– Mesilla Valley Hospital: Contact the hospital for information about behavioral health services and current programs. Official website: Visit website
– 988 Suicide & Crisis Lifeline: Call or text 988 for free, confidential crisis support in the United States. Official website: 988 Lifeline
Legal and County Resources
– Third Judicial District Court — Doña Ana County: 201 W. Picacho Ave., Las Cruces, NM 88005. Contact the court for information about civil proceedings, court procedures, and public resources. Court staff cannot provide legal advice. Official website: Visit website
– Poulos & Cavazos, LLP: 1802 Avenida de Mesilla, Las Cruces, NM 88005. Phone: (575) 523-4444. The firm handles medical malpractice matters and offers initial consultations for people exploring potential claims. Official website: Visit website
Important Information for Birth Injury Families
If you believe a preventable error during pregnancy, labor, delivery, or newborn care caused serious harm, consider consulting a qualified medical malpractice attorney promptly. Requesting records, filing a complaint, or arranging continued treatment does not necessarily extend the deadline for bringing a legal claim. Call Poulos & Cavazos at (575) 523-4444 for a free case review.
