New Mexico Birth Injuries Lawyers
Negligence Leads To Danger In The Delivery Room
If you are the parents of a newborn who sustained a birth injury, consider The Law Office of Salazar, Sullivan & Jasionowski to help you protect your rights and the rights of your child. A birth injury is an injury that occurs before, during or immediately following the labor and delivery process. Mistakes made during this time, either by doctors or nurses, can lead to brain injury and other devastating injuries to the baby. Fortunately, there is legal help available to parents and their children. Our lawyers seek maximum compensation for birth injuries. We also strive to hold negligent medical professionals and facilities accountable for their harmful actions.
Did your newborn sustain a birth injury because of a nurse’s or doctor’s error? Please complete our contact form to reach a birth injuries attorney from our firm to schedule your free consultation.
Medical Staff Members Are Supposed To Follow Protocol
There are many steps nurses and obstetricians can take to ensure the safety of the baby. Among these steps are paying proper attention to fetal monitoring strips, noticing distress in the mother or fetus, and either relaying this information to the appropriate person or taking immediate action to minimize a birth complication.
Holding Staff Accountable For Failing To Respond Appropriately
Sadly, brain injuries are among the most common injuries that occur to babies during the birthing process. Fetal monitoring strips track, among other vitals, a fetus’s oxygen level. When a fetus is deprived of oxygen, immediate action such as performing an emergency C-section must be taken to prevent brain injury. When this form of fetal distress goes unnoticed or a C-section is not performed in a timely fashion, brain damage can occur.
Injuries are not limited to brain injuries and can include shoulder dystocia, jaundice and conditions that could have been prevented with a simple blood test.
Birth Injury FAQs
It’s very normal to have questions if your child has suffered a birth injury, and we are here to help. To get started, here are a few of the questions we see often.
How can I tell if my baby has a birth injury?
Birth injuries are more common than people realize. Every hour, an average of three babies are born with birth injuries, meaning they affect up to seven babies out of every 1,000 deliveries. However, identifying a birth injury looks different from case to case.
Some injuries, such as broken bones from the use of forceps, will be immediately apparent to medical staff. But for others – such as cerebral palsy – parents may not know anything is wrong until the child begins missing developmental milestones. In these cases, it can take months or even years for the issue to become clear.
What causes birth injuries?
Many birth injuries are caused by negligence on the part of the medical staff. This doesn’t mean they have to be perfect, but they do need to uphold the acceptable standard of care.
A doctor who is improperly trained in how to use forceps could apply too much force or use them too aggressively, leading to broken bones. A doctor who negligently delays a C-section could prolong labor and cause cerebral palsy if the child’s oxygen supply is cut off during delivery.
While there are some inherent risks – such as high or low birthweight – doctors still need to provide appropriate care and cannot negligently allow preventable injuries to take place.
What are the most common types of birth injuries?
Among the many different types of potential birth injuries, the following occur frequently:
- Brain damage: Often caused by a lack of oxygen or blood flow to the baby’s brain during delivery.
- Cerebral palsy: A developmental delay caused by brain injury. Children may miss milestones like crawling or walking. Physical symptoms may include stiff muscles on one side of the body or general lack of mobility.
- Cerebral hypoxia: This occurs when the brain is cut off from oxygen for too long. It can lead to brain shutdown or cell death, as neurons usually cannot be regenerated.
- Bone fractures (e.g., collarbone): These often happen through the use of assistive devices like forceps. Even a well-meaning doctor trying to speed along delivery could unintentionally cause injury.
Every birth injury is unique, but our team can help you explore your options.
How long do I have to file a birth injury lawsuit?
In New Mexico, the statute of limitations for birth injury claims is three years. It is important to act relatively quickly after the injury takes place. However, you do have time to consult medical experts, gather records and build your case.
If you have further questions, please do not hesitate to get in touch with our firm to set up a free consultation.
Consult A Lawyer About Your Options
Please contact The Law Office of Salazar, Sullivan & Jasionowski online today to learn how we can help you.