5 Birth Injuries That Could Constitute Medical Malpractice in New Mexico

by | Dec 3, 2022 | Injuries, Medical Malpractice | 0 comments

Parents trust medical professionals to get them and their children through pregnancy and labor. Unfortunately, sometimes our trust is misplaced, and the doctor meant to keep you and your child safe instead places them or you in danger. Birth injuries caused during labor can be traumatizing and even life-threatening. These injuries are often preventable and are the result of medical negligence. 

At Dominguez Law, we have handled numerous birth injury cases and have seen firsthand the profound effects that the baby and families experience. This is why our firm is dedicated to helping families fight for their right to fair compensation, including punitive damages that hold the negligent party accountable for the harm they have caused. Work with a firm that is committed to helping your family as much as you are and contact Dominguez Law today. 

Under Medical Malpractice, What is Considered a Birth Injury?

A birth injury is any damage or physical harm to a baby or mother that occurs during the birthing process or immediately after the birth. Some birth injuries are unavoidable or a natural result of the birthing process. However, certain injuries would not have occurred if not for the error of a medical professional during or immediately after the birthing process. Some examples of birth injuries that are a result of medical negligence include:

  • Fractures: A baby that is delivered in the wrong position, or if the healthcare provider aggressively maneuvers them, can suffer bone fractures during the delivery process. Some fractures heal with time, but more serious fractures can cause lifelong complications.
  • Erb’s Palsy: This condition occurs when the bundle of nerves (the brachial plexus) suffers damage. Usually, this results from the obstetrician or another medical professional tugging too hard on the baby. Erb’s Palsy can lead to permanent weakness, numbness, or paralysis in the arms and shoulders. 
  • Anoxia and Hypoxia: These conditions are the result of the baby’s brain experiencing a lack of or no oxygen, which causes the brain cells to start dying. 
  • Bleeding: Bleeding or hemorrhaging in any part of the baby’s body must be addressed quickly. In dire cases, hemorrhaging leads to fatalities.
  • Paralysis: Too much pressure on the face, scalp, or other parts of the baby’s body during labor or delivery can cause temporary or permanent paralysis. Paralysis may also be the result of a medical professional using a medical tool incorrectly during the birthing process. 

Birth injuries are not just limited to the baby. Mothers can be injured during the birthing and delivery process as well. For instance, a mother who develops preeclampsia needs to have the issue addressed promptly or she is at risk of experiencing a life-changing seizure. Sometimes, everyone is busy looking at the baby and fails to notice the mother. However, a medical professional in charge of their care should be working to keep the parent and child healthy. 

When medical providers are negligent during the labor and delivery process, the parent and child can suffer significant trauma. This trauma can permanently change the course of their lives, and the medical provider should be held accountable for that damage. At Dominguez Law, our commitment is to our clients and ensuring that the results of their medical malpractice claims reach a favorable solution for them.

Contact an Experienced Birth Injury Lawyer at Dominguez Law

The importance of having a compassionate but aggressive birth injury lawyer in your corner cannot be overstated. Healthcare professionals and facilities often have strong representation with their only goal being to protect their clients and save them money. They do what they can to intimidate victims and get them to either drop their claims or accept lowball settlements that are not nearly the amount families are owed for the harm they have suffered. 

At Dominguez Law, our firm is determined to help victims of medical malpractice hold negligent medical professionals accountable for their actions. Our attorneys, who also speak Spanish, will treat you with the empathy you need to get through the process and protect your rights and best interests. Contact us today to schedule a free consultation through our online contact form or by calling (505) 850-5854.