Albuquerque Birth Injury Lawyer

When your family faces the devastating consequences of a birth injury, you need a law firm that combines compassion, experience, and a proven track record of success. At Parnall Law, we know how significantly a birth injury can affect your child and family, and we are ready to seek justice.

Contact our Albuquerque birth injury attorneys today at Parnall Law for a free consultation to discuss whether you have a valid birth injury claim.

Why Choose Parnall Law for Your Birth Injury Case?

Parnall Law stands out as the premier choice for birth injury cases in Albuquerque and throughout New Mexico for the following reasons, among others.

  • 25+ years of experience representing clients: Our team of attorneys has extensive experience in handling complicated birth injury cases. We understand the detailed medical and legal aspects involved and have a thorough knowledge of New Mexico’s healthcare system, laws, and regulations.
  • An Aggressive and Proven Track Record: We have successfully secured substantial settlements and verdicts for numerous families affected by birth injuries. Our results speak for themselves, demonstrating our ability to fight for the compensation you deserve. We have served over 7,000 clients.
  • Personalized Attention Every Step of the Way: At Parnall Law, you’re not just another case number. We provide individualized attention to each of our clients, ensuring that your unique needs and concerns are addressed throughout the legal process.
  • We Care For You: We understand the heartache of learning about a loved one’s pain and hurt. Therefore, we have committed ourselves to ensuring your rights so that you and your loved one receive the proper compensation and care.
  • Resources and Networking: We have one-of-a-kind access to top medical experts, investigators, and other professionals – people who all can strengthen your case. Our extensive network allows us to build comprehensive, evidence-based claims that are both clear and irrefutable.
  • No Upfront Costs – We Work on a Contingency Basis: We work on a contingency fee basis, meaning you don’t have to pay our fee unless we win a verdict, or get you a settlement. This allows you to pursue justice without financial stress. Birth injury claims can result in significant compensation. If you don’t receive the results you expect, we won’t get paid.

We understand the emotional toll of birth injuries on families. Our team provides both legal support and compassion.

When you choose Parnall Law, you’re choosing a team that will fight tirelessly for your family’s rights and future.

How much is my Albuquerque birth injury claim worth?

Determining the value of a birth injury claim is an involved process that depends on various factors. These factors include:

Severity of the Injury

More severe injuries that result in long-term disabilities or require lifelong care typically lead to higher compensation.

Medical Expenses

Damages include current and future costs related to:

  • Hospital stays
  • Surgeries
  • Medications
  • Therapy (physical, occupational, speech)
  • Specialized medical equipment
  • Home modifications for accessibility

Lost Wages and Earning Capacity:

If parents need to take time off work or leave their jobs to care for their child, these losses are factored into the settlement amount. If the injury affects the child’s future ability to work, this is considered as well.

Pain and Suffering

Non-economic damages, or physical pain and emotional distress, are based on the total economic damages multiplied by an algorithm based on an injury’s severity.

Life Care Costs

For severe injuries, the cost of lifelong care is calculated, including:

  • In-home care
  • Special education needs
  • Assistive technologies
  • Ongoing medical treatments

Impact on the Child’s Quality of Life

Compensation may be awarded for loss of enjoyment of life if the injury significantly impacts the child’s ability to engage in normal activities.

Punitive Damages

When the other party behaved egregiously or with harmful intent, additional damages may be awarded to the plaintiff. In this case, the malpractice must reach the level of willful misconduct.

Every case is unique, and compensation can range from thousands to millions of dollars. At Parnall Law, we are committed to reviewing all aspects of your case so we can fight for the most compensation possible.

What Types of Birth Injuries Are Eligible for Compensation in New Mexico?

In New Mexico, various types of birth injuries may be eligible for compensation if they result from medical negligence. These injuries may include:

  1. Cerebral Palsy: Cerebral palsy is a group of disorders affecting movement, balance, and posture. It’s often caused by brain damage during childbirth and may range from mild to severe in nature.
  2. Erb’s Palsy (Brachial Plexus Injury): This injury involves damage to the nerves controlling arm and hand movements, often caused by excessive pulling during delivery.
  3. Hypoxic-Ischemic Encephalopathy (HIE): This condition is defined by brain damage caused by oxygen deprivation before, during, or after delivery. HIE can lead to developmental delays, cognitive impairments, or cerebral palsy.
  4. Spinal Cord Injuries: Injuries of this type result in partial or complete paralysis, depending on the location and severity of the injury.
  5. Fractures: In most birth injury cases, fractures affect the clavicle (collarbone) but may also happen to the skull, arms, or legs.
  6. Facial Paralysis: This condition results when there is damage to facial nerves, often due to pressure on the face during delivery or improper use of forceps.
  7. Cephalohematoma: This birth injury develops from bleeding between the skull and its covering. It typically resolves itself but can lead to complications if severe.
  8. Shoulder Dystocia: When the baby’s shoulder gets stuck behind the mother’s pubic bone during delivery, the resulting condition may lead to brachial plexus injuries.
  9. Perinatal Asphyxia: This condition represents a lack of oxygen to the baby before, during, or just after birth, which can lead to various complications.
  10. Intracranial Hemorrhage: Bleeding inside the skull, which can lead to brain damage.
  11. Kernicterus: Brain damage caused by severe, untreated newborn jaundice. It’s also known by the name of bilirubin encephalopathy – a rare and severe neurological disorder where an infant has too much bilirubin in the blood. As a result, the brain or central nervous system ends up getting damaged.
  12. Persistent Pulmonary Hypertension of the Newborn (PPHN): A serious condition where a newborn’s circulation continues in its fetal state after birth. Therefore, the blood vessels don’t open as they should after delivery, preventing the blood from reaching the lungs to collect oxygen.
  13. Hydrocephalus: Buildup of fluid in the brain, which can cause increased intracranial pressure and brain damage if not treated promptly.

If your child has suffered any of the above injuries, it’s important to seek both medical attention and legal advice. At Parnall Law, our Albuquerque birth injury lawyers have experience with a wide range of birth injury cases. Therefore, we can help you understand your options for seeking compensation.

Legal Options When the Mother Is Injured

Birth injuries may affect both newborns and mothers. Therefore, mothers can also suffer serious injuries during pregnancy, labor, or delivery. Below is a list of some of the legal options.

File a Medical Malpractice Claim

A mother can file a claim against the healthcare providers or a facility if their negligence caused her injury. Common maternal injuries include:

  • Excessive bleeding or hemorrhage
  • Infections
  • C-section complications
  • Preeclampsia mismanagement
  • Uterine rupture
  • Anesthesia errors
  • Vaginal tears or episiotomy complications
  • Retained placenta
  • Wrongly prescribed medications

File a Wrongful Death Claim

In tragic cases where the mother loses her life due to medical negligence, the family can file a wrongful death claim.

File a Complaint for an Informed Consent Violation

If you weren’t properly informed about the risks of a procedure or treatment, you might be able to file a claim based on a lack of informed consent.

Submit a Claim for Emotional Distress

Even if you didn’t suffer physical injury, you might be able to file a claim for emotional distress. This may happen if you were the witness of a severe injury to your child due to medical negligence.

At Parnall Law, we understand the physical and emotional toll these injuries can take on new mothers. We’re committed to helping you understand your rights and getting you the compensation you deserve. Your focus should be on recovery and caring for your newborn.

Causes of Birth Injuries in New Mexico

Birth injuries can result from various factors. Common causes include:

  • Oxygen Deprivation: This may be due to umbilical cord issues, placental abruption, or prolonged labor.
  • Improper Use of Birthing Tools: Misuse of forceps or vacuum extractors can cause injuries.
  • Delayed C-Section: Failure to perform a timely C-section can lead to complications.
  • Medication Errors: Incorrect doses or medicines given to the mother during pregnancy or labor can lead to a claim.
  • Failure to Monitor Fetal Distress: Not recognizing or responding to signs of fetal distress promptly can result in an injury or even death.
  • Mismanagement of High-Risk Pregnancies: Inadequate care for mothers with conditions like gestational diabetes or preeclampsia can negatively affect a newborn and their mother.
  • Excessive Force During Delivery: Pulling too hard on the baby during a difficult delivery can result in an injury.
  • Failure to Diagnose or Treat Maternal Infections: Infections that go untreated can harm the baby.
  • Improper Prenatal Care: Missing critical diagnoses or failing to address pregnancy complications can result in serious conditions.
  • Miscalculation of Fetal Size: Failing to anticipate delivery complications due to a large baby – resulting in an emergency.
  • Premature Delivery Mismanagement: Not providing proper care for premature infants may result in death.
  • Anesthesia Errors: Mistakes in administering anesthesia during C-sections or other procedures can easily lead to complications.
  • Failure to Perform Necessary Tests: Not conducting or misinterpreting critical prenatal tests can also injure the baby.
  • Negligent Neonatal Care: Errors in immediate post-birth care of the newborn can result in injuries or complications.
  • Communication Errors: Miscommunication between the medical staff can cause life-threatening mistakes.

At Parnall Law, we carefully consider the circumstances surrounding your child’s birth injury so we can identify any instances of medical negligence.

What Can Go Wrong During Labor and Delivery?

Labor and delivery are complicated processes where various complications may arise. While most deliveries are managed effectively, errors or negligence can lead to serious consequences. Here’s what can go wrong:

  • Prolonged Labor: An extended labor can lead to fetal distress and oxygen deprivation.
  • Umbilical Cord Complications:  Complications from cord prolapse may result if the cord descends before the baby or cord compression restricts the circulation. This medical emergency happens, as noted, when the umbilical cord exits the uterus in front of or alongside the infant during birth. The cord may become compressed by the uterine contractions or the baby’s body, thus cutting off the infant’s oxygen and blood supply. Complications may include fetal hypoxia, vasoconstriction, brain damage, blood pressure changes, and drops in the fetal heart rate.
  • Placental Abruption: When the placenta separates from the uterine wall prematurely, it may deprive the baby of oxygen.
  • Uterine Rupture: A tear in the uterine wall can be a life-threatening event for both mother and baby.
  • Shoulder Dystocia: When the baby’s shoulder gets stuck behind the mother’s pubic bone during delivery, it can cause damage to the nerves that span out from the spinal cord.
  • Breech Presentation: When the baby is positioned feet-first, it heightens the risk of complications.
  • Fetal Macrosomia: When a baby is significantly larger than average, it can lead to difficulties during delivery.
  • Premature Rupture of Membranes: When the amniotic sac breaks too early, it increases the risk of infection and premature birth.
  • Meconium Aspiration: When the baby inhales a mixture of meconium and amniotic fluid into the lungs, they can develop meconium aspiration syndrome. The syndrome is responsible for most newborn deaths, resulting in 5% to 10% of the fatalities.
  • Preeclampsia: A pregnancy complication characterized by high blood pressure, which can lead to serious consequences if not managed properly.
  • Maternal Hemorrhage: Excessive bleeding during or after delivery.
  • Anesthesia Complications: Errors in administering or managing anesthesia during C-sections or other procedures during birth are often the reason for birth injury claims.
  • Improper Uses of  Instruments – Delivery Complications: Injuries from the improper use of forceps or vacuum extractors can turn into complications.
  • Delayed Emergency C-Section: Failure to perform a timely C-section when needed can result in oxygen deprivation or other complications.
  • Failure to Recognize Fetal Distress: Not identifying or responding to signs that the baby is in distress during labor.

 

While some occurrences of the above complications are unavoidable, many can be prevented or managed with proper medical care. If you believe your child’s birth injury resulted from medical negligence during labor and delivery, the team at Parnall Law can help you determine how to proceed.

Birth Injuries Caused by Lack of Oxygen

Oxygen deprivation during birth, also known as birth asphyxia, can lead to severe and long-lasting injuries. These injuries occur when the baby’s brain doesn’t receive enough oxygen before, during, or immediately after birth. Common oxygen-related birth injuries include:

  • Hypoxic-Ischemic Encephalopathy (HIE)
  • Cerebral Palsy
  • Periventricular Leukomalacia (PVL)
  • Seizure Disorders
  • Cognitive Impairments
  • Vision and Hearing Problems
  • Behavioral and Attention Issues
  • Motor Skill Impairments
  • Speech and Language Delays
  • Feeding and Swallowing Difficulties

Causes of Oxygen Deprivation

Causes of oxygen deprivation during birth may include:

  • Umbilical cord complications (prolapse, compression, or knots)
  • Placental abruption
  • Prolonged or difficult labor
  • Maternal health conditions (like high blood pressure or infections)
  • Improper monitoring of fetal distress
  • Delayed C-section
  • Anesthesia errors

At Parnall Law, we understand the devastating impact oxygen-related birth injuries can have on a child and their family. Our team works diligently to investigate these cases, consulting with medical experts to establish the cause of the injury and to build a strong case for compensation.

Birth Injury Risk Factors

While not all birth injuries are preventable, certain factors can increase the risk. Healthcare providers should note the risk factors and take the proper precautions. For example, two common risk factors include:

  • Large Baby (Fetal Macrosomia): Babies weighing more than 8 pounds, 13 ounces are at higher risk for birth injuries due to a more difficult delivery.
  • Premature Birth: Babies born before 37 weeks gestation are more vulnerable to injuries due to their underdeveloped bodies.

Fatal Birth Injury Statistics in New Mexico

Reports indicate that the infant mortality rate in New Mexico in recent years was 4.7 deaths per 1,000 live births, a 16% decrease from ten years prior. However, infant fatalities are still a problem, and leading reasons for infant deaths in the U.S. include:

  1. Premature births or a low birth weight
  2. Sudden infant death syndrome
  3. Respiratory distress syndrome
  4. Maternal complications during  pregnancy

If your family suffered a tragic loss due to a fatal birth injury, our team can pursue wrongful death compensation for you.

Contact the Albuquerque Birth Injury Lawyers at Parnall Law

If you suspect you have a claim for a birth injury, call the office of Parnall Law to schedule a free case consultation today. We are here to help you with your case.

Our legal team understands how life-changing a birth injury can be, and we also know how to seek justice and full compensation. Call us at (520) 268-6500 or contact us online now for your free consultation.

Parnall Law Firm, LLC - Hurt? Call Bert
Our Parnall Law Firm, LLC – Hurt? Call Bert Albuquerque Personal Injury Lawyers help victims inside New Mexico and our firm is conveniently located near you. We have an office in Albuquerque at 2155 Louisiana Blvd NE, #8000, Albuquerque, NM 87110. Find us with our GeoCoordinates: 35.10296550023512, -106.56989873857647.

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