The birth of a child is meant to be one of life’s most joyful and memorable experiences. Parents anticipate welcoming their newborns with dreams of healthy beginnings and bright futures. Tragically, for some families in Albuquerque, this joyous occasion turns into a nightmare due to preventable birth injuries caused by medical negligence. When medical professionals fail to meet the standard of care, the consequences can be life-altering for both the child and their family.
Our birth injury lawyers in Santa Fe, New Mexico, proudly serve victims and families across the state, providing dedicated legal support to those seeking justice and compensation for preventable medical errors.
If you suspect that your child’s birth injury was caused by medical malpractice, it’s crucial to seek legal help. At Hampton & King, we are dedicated to helping families in Albuquerque fight for justice and the compensation they deserve. Our compassionate and experienced birth injury attorneys understand the complexities of these cases and are here to guide you every step of the way. Call us today at (713) 658-0231 or complete our simple online form to schedule your free consultation.
What Are Birth Injuries?
Birth injuries are physical injuries or traumas sustained by a newborn during the process of labor and delivery. While some birth injuries are minor and resolve quickly, others can lead to long-term or permanent disabilities. Common types of birth injuries include:
- Cerebral Palsy: According to the CDC, CP is a condition caused by brain damage that affects movement, muscle tone, and posture. Albuquerque cerebral palsy attorneys help victims pursue compensation for medical malpractice that led to this serious birth injury.
- Erb’s Palsy: Nerve damage in the brachial plexus, which can result in weakness or paralysis in the arm.
- Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by a lack of oxygen during delivery. Albuquerque HIE birth injury lawyers assist families in filing claims for HIE-related injuries caused by medical negligence.
- Shoulder Dystocia: A condition where the baby’s shoulder gets stuck during delivery, leading to potential nerve damage or fractures.
- Fractures: Broken bones, often the clavicle, sustained during delivery.
- Facial Nerve Damage: Trauma to the facial nerves, often due to the improper use of forceps or vacuum extractors.
These injuries can lead to significant medical, emotional, and financial challenges for families.
Causes of Birth Injuries
While not all birth injuries are the result of medical malpractice, many are preventable with proper care. Some common causes of preventable birth injuries include:
- Delayed C-Section: Failure to perform a timely C-section when the baby is in distress.
- Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors can cause serious injuries.
- Failure to Monitor Fetal Distress: Ignoring or misinterpreting signs of fetal distress during labor.
- Medication Errors: Administering incorrect dosages or types of medication to the mother during labor.
- Negligent Prenatal Care: Failure to diagnose or manage conditions such as Preeclampsia, gestational diabetes, or infections that can complicate delivery.
Medical professionals are trained to handle the complexities of childbirth, and when they fail to uphold their duty of care, they must be held accountable.
How to Prove Medical Negligence in Birth Injury Cases
To successfully pursue a birth injury claim, you must prove that medical negligence occurred. This involves demonstrating:
- Duty of Care: The medical professional owed a duty to provide competent care to the mother and baby.
- Breach of Duty: The medical professional failed to meet the accepted standard of care.
- Causation: The breach of duty directly caused the birth injury.
- Damages: The injury resulted in measurable damages, such as medical expenses, pain and suffering, or loss of future earning capacity.
Proving negligence requires thorough investigation, expert testimony, and detailed evidence. This is where an experienced Albuquerque birth injury attorney can make all the difference.
Why Choose Hampton & King?
At Hampton & King, we have decades of experience handling complex birth injury cases. Our team is dedicated to fighting for the rights of families in Albuquerque and throughout New Mexico. Here’s what sets us apart:
- Experience: We have a proven track record of success in birth injury cases, securing significant settlements and verdicts for our clients.
- Resources: Birth injury cases require extensive resources, including access to medical experts who can testify on your behalf.
- Compassion: We understand the emotional toll these cases take on families, and we approach each case with empathy and care.
- Personalized Attention: We treat every client like family, providing personalized legal strategies tailored to your unique circumstances.
What Compensation Can You Recover?
Birth injuries often lead to significant financial and emotional burdens. A successful birth injury claim can help alleviate these burdens by providing compensation for:
- Medical Expenses: Covering the cost of past, present, and future medical care, including surgeries, therapies, and medications.
- Rehabilitation Costs: Funding for physical therapy, occupational therapy, and other rehabilitative services.
- Pain and Suffering: Compensation for the emotional and physical pain caused by the injury.
- Lost Income: If a parent must reduce their working hours or leave their job to care for the injured child.
- Home Modifications: Expenses for making your home accessible for a child with disabilities.
- Educational Support: Costs for special education programs or assistive technologies.
By holding negligent medical professionals accountable, you can secure the resources needed to provide the best possible care for your child.
Steps to Take If You Suspect a Birth Injury
If you believe your child’s birth injury was caused by medical negligence, it’s important to act quickly. Follow these steps to protect your rights:
- Seek Medical Attention: Ensure your child receives a thorough evaluation and appropriate care from a trusted medical professional.
- Gather Documentation: Collect medical records, diagnostic reports, and any correspondence with healthcare providers.
- Consult an Attorney: Reach out to an experienced Albuquerque birth injury attorney to evaluate your case.
- Avoid Discussions with Insurance Companies: Do not speak to insurance adjusters without legal representation, as they may attempt to minimize your claim.
- File a Claim Promptly: New Mexico has a statute of limitations for medical malpractice cases, so it’s crucial to file your claim within the required timeframe.
Frequently Asked Questions
What is the statute of limitations for birth injury cases in New Mexico?
In the New Mexico Statute of Limitations, the statute for medical malpractice cases is typically three years from the date of the injury. However, there are exceptions, particularly for cases involving minors. An attorney can help determine the specific deadline for your case.
Can I file a birth injury lawsuit if the injury occurred years ago?
In some cases, you may still be able to file a claim if the injury wasn’t immediately apparent. The statute of limitations may be extended in situations where the injury was discovered later. Contact an attorney to discuss your options.
How much does it cost to hire a birth injury attorney?
At Hampton & King, we work on a contingency fee basis, meaning you pay nothing unless we win your case. This allows families to pursue justice without the financial burden of upfront legal fees.
What if the hospital denies responsibility?
Hospitals and medical professionals often deny liability to protect their reputation and finances. An experienced attorney can help build a strong case and negotiate on your behalf.
How long does it take to resolve a birth injury case?
The timeline for resolving a birth injury case varies depending on the complexity of the case and whether it goes to trial. While some cases settle within months, others may take years. Your attorney can provide a more accurate timeline based on your specific circumstances.
Contact Hampton & King Today
No family should have to endure the pain and financial hardship of a preventable birth injury alone. If you suspect that medical negligence played a role in your child’s injury, the dedicated Houston medical negligence attorneys at Hampton & King are here to help. We will fight tirelessly to hold negligent parties accountable and secure the compensation your family deserves.
Call us today at (713) 658-0231 or complete our simple online form to schedule your free consultation. Let us help you take the first step toward justice and a brighter future for your child.