Albuquerque Birth Injury Lawyers

The Difference Between Birth Defects and Birth Injuries

New babies can suffer from two different types of medical problems: birth defects or birth injuries. Understanding the difference is an important part of determining if you have grounds to file a medical malpractice claim.

If your baby is diagnosed with a birth defect, it means that the condition developed as the baby did. Birth defects can significantly impact the development of any part of the baby’s body. Typically, however, the nervous system is most affected. Genetic mutations are common causes of birth defects. If that’s the case, it’s unlikely you’ll be able to take legal action because there was most likely nothing your medical provider did wrong.

It’s important to note, however, that a birth defect doesn’t always occur on its own. If a physician exposed the mother and baby to certain medications, drugs, or toxins that are known to be harmful, they could be held accountable for improper exposure to harmful substances.

If you or your child sustained an injury during pregnancy, labor, or delivery, there’s almost always grounds for a personal injury claim. This is because situations where birth injuries arise are likely the result of the negligence of medical personnel. If a nurse, doctor, or other practitioner failed to meet the standard of care when working with you, it’s likely the injury was preventable.

Diagnosing a Birth Injury

A birth injury is any type of injury that happens during labor and delivery. Trauma and oxygen deprivation are among the most common causes. While some injuries result in few consequences, others cause permanent disability. 

If your child’s been diagnosed with any of the following conditions, it’s possible the injury was the result of medical negligence:

• Caput succedaneum. This is the swelling of soft tissue on the baby’s head. While this is an injury that usually resolves on its own, brain damage is a possibility if the injury is severe. This is most common when vacuum extraction is used during delivery.
• Brachial plexus palsy. It’s not uncommon for a baby’s shoulder to get stuck during delivery. But, if improper protocols or poor techniques are followed, it’s possible the group of nerves that controls arm and hand movement could be injured. The likelihood of recovery depends on the severity of the injury.
• Collarbone fractures. Babies who are born breech are more susceptible to collarbone fractures. While the broken bone is likely to heal, it’s often necessary to limit the baby’s movement.
• Head trauma. Bruising or lacerations are possible if birth-assisting tools like forceps or vacuum extractors are used incorrectly.
• Cephalohematoma. This is bleeding under the cranial bone. While this condition typically goes away within a few months of birth, serious cephalohematomas can lead to complications like jaundice, which is often a sign of more serious birth injuries.
• Facial nerve paralysis. While minor facial nerve paralysis is often due to temporary nerve bruising, surgery may be necessary if a nerve was torn.

In the event a child sustains one of the birth injuries discussed above, they’re at risk for permanent disabilities like cerebral palsy (CP), hypoxic-ischemic encephalopathy (HIE), periventricular leukomalacia (PVL), seizure disorders, intellectual and developmental disabilities, and other types of brain damage.

In order to correctly diagnose a birth injury so it can be treated properly, early testing is important. The sooner a diagnosis and treatment plan is put in place, the better the chances are of the baby making a full recovery. It’s also important to closely monitor the baby’s health, to look for any signs of additional injuries or changes.

Common Causes of Birth Injuries

Birth injuries related to medical malpractice can result from a variety of causes or contributing factors. Here are some common ones:

• Failure to Monitor: During labor and delivery, healthcare providers are responsible for closely monitoring the mother and baby for signs of distress. Failure to adequately monitor fetal heart rate, maternal vital signs, and other indicators of labor progress can lead to delays in identifying complications or responding to emergencies promptly.
• Delayed or Improper Delivery: Healthcare providers must make timely and appropriate decisions regarding the method and timing of delivery. Failure to perform a timely cesarean section (C-section) in cases of fetal distress, prolonged labor, or other complications can increase the risk of birth injury.
• Misuse of Medical Instruments: Improper use of forceps, vacuum extractors, or other medical instruments during delivery can cause trauma to the baby's head, face, or neck, leading to injuries such as facial nerve damage, skull fractures, or brain injuries.
• Medication Errors: Administering incorrect dosages of medication or prescribing medications that are contraindicated during pregnancy can pose serious risks to both the mother and baby. For example, administering excessive oxytocin (used to induce or augment labor) can lead to uterine hyperstimulation and fetal distress.
• Failure to Recognize or Treat Complications: Healthcare providers must be vigilant in recognizing signs of complications during pregnancy, labor, and delivery, such as preeclampsia, umbilical cord prolapse, placental abruption, or fetal distress. Failure to diagnose or appropriately manage these complications can result in serious harm to the mother or baby.
• Inadequate Prenatal Care: Negligence in providing adequate prenatal care, including failure to perform necessary screenings, tests, or ultrasounds, can result in undiagnosed medical conditions or developmental abnormalities that increase the risk of birth injury.
• Lack of Communication or Informed Consent: Healthcare providers have a duty to communicate effectively with expectant mothers, discuss treatment options, and obtain informed consent for medical interventions. Failure to provide adequate information or involve the mother in decision-making processes can constitute medical malpractice.

Proving Labor and Delivery Malpractice in New Mexico

When you file a birth injury claim, you’ll need to determine who the liable party is. It’s likely you received medical care from multiple doctors, nurses, and other staff members while you were in the hospital. Anyone of those individuals could be accountable for your child’s injury. Additionally, it’s possible the hospital or medical facility is legally responsible. Your lawyer will conduct a thorough investigation to determine who you’ll be naming as the negligent party in your claim.

A successful claim proves that an injury occurred, the medical provider owed you and your baby a duty of care, they breached that duty, and their failure caused the injury. The evidence your lawyer collects, in addition to statements from expert witnesses, will support your claim. Evidence for these types of cases typically comes in the form of test results, X-rays, and MRI scans.

Once your lawyer has successfully proven fault, you’ll be able to work on negotiating a settlement. We’ll make sure the amount covers all the expenses you incurred as a result of the birth injury.

Holding Negligent Albuquerque Medical Providers Accountable

When a birth injury occurs due to medical malpractice, liability can fall on various parties involved in the care of the mother and child during pregnancy, labor, and delivery. Here are some parties who could potentially be held liable:

• Healthcare Providers: Obstetricians, midwives, nurses, anesthesiologists, and other medical professionals directly involved in the care of the mother and baby during childbirth could be held liable if their actions or negligence contributed to the birth injury.
• Hospital or Medical Facility: The hospital or medical facility where the childbirth occurred may also bear liability. Hospitals can be held responsible for the actions of their employees, including doctors and nurses, under the legal doctrine of vicarious liability or respondeat superior.
• Medical Equipment Manufacturers: In cases where a birth injury is caused by a defective medical device or equipment used during childbirth, the manufacturer of the equipment could be held liable under product liability laws.
• Pharmaceutical Companies: If a birth injury is caused by a medication prescribed to the mother during pregnancy or childbirth, the pharmaceutical company that manufactured the drug could potentially be held liable for failing to provide adequate warnings about its risks.
• Other Healthcare Professionals: In some cases, other healthcare professionals who provided care to the mother or child during pregnancy or childbirth, such as radiologists or genetic counselors, may also be held liable if their actions or omissions contributed to the birth injury.

When physicians, nurses, and other hospital or medical facility employees fail to provide patients with the proper standard of care, accidents happen. If you or your child was injured by a negligent medical provider, you can hold them accountable while seeking the compensation your family needs to recover by filing a personal injury claim with the help of an Albuquerque birth injury lawyer.

The claims process is complicated, especially when it comes to proving medical negligence. Working with Buckingham & Vega Law Firm is the best way to build a strong case for yourself. We’ll be sure to calculate all the losses you incurred as a result of the injury, including all economic and noneconomic damages. We’ll also take into consideration the possibility of the future cost of care in the event your child’s injuries are permanent.

Our attorneys understand how devastating a birth injury can be for a family. We’re prepared to provide you with the legal guidance and representation you need to restore order in your life and find a way to move comfortably into the future. 

For more information on the litigation process and your legal rights, schedule a consultation with our firm today.