Farmington Birth Injury Lawyers

Seeking Compensation for Victims of Medical Negligence

Pregnancy and childbirth can be an exciting and magical time for families, but this doesn't mean that labor and delivery aren't complex medical processes with many risks involved. If a birth injury jeopardizes the lives of yourself or your unborn baby, you may be entitled to recover compensation. Sadly, many large and powerful healthcare entities, from hospitals to medical insurers to providers, have a reputation for evading or delaying fair settlements for mothers who suffered birth injuries as a result of medical negligence.

That’s where our Farmington birth injury lawyers come in. Since 1999, our community-driven attorneys at Buckingham & Vega Law Firm have safeguarded the rights of moms and families in New Mexico by pursuing justice after birth injuries at the hands of trusted medical providers. Our firm has decades of experience representing the wrongfully injured in various medical malpractice lawsuits, making us well-equipped to seek maximum compensation on your behalf after a birth injury.

If you or your baby suffered a birth injury during labor or delivery, call (505) 388-0066 to schedule a free consultation with a compassionate birth injury lawyer.

Have You Been Injured?

We Are Ready to Passionately Advocate For Your Rights

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Our Results Make a Difference

Explore How We Have Helped Our Clients

$73.21 Million Verdict Birth Injury
The Buckingham & Vega legal team secured a $73.21 million verdict on behalf of a baby who was catastrophically injured due to the negligence of their doctor and medical team.
Record-Setting $72 Million Verdict Birth Injury
The Buckingham & Vega team obtained a $72 Million verdict in a birth injury case when an OB/ GYN failed to properly monitor the mom during pregnancy.
$12 Million Birth Injury
The attorneys at Buckingham & Vega obtained a $12 million birth injury settlement.
$2.5 Million Surgical Negligence
Our team obtained a $2.5 million verdict in a medical malpractice case that involved a gallbladder removal. The surgeon failed to identify the proper anatomy and cut the wrong duct.
$2 Million Hospital Negligence
Our team obtained a $2 million settlement on behalf of a client who was catastrophically injured due to a hospital's failure to diagnose (missed diagnosis).
$1.75 Million Wrongful Death
We secured $1.75 million after a wrongful death that occurred after a complication from a colonoscopy.

View All Results

What Is a Birth Injury?

A birth injury is any form of harm or injury sustained by a mother or an infant during the labor and delivery process. They can range from minor injuries to severe and life-altering conditions. Birth injuries can occur due to a variety of reasons, including medical negligence and malpractice, and often have a profound impact on everyone involved.

If a birth injury is caused by medical negligence, families may be entitled to pursue damages to compensate for the harm and suffering caused by the negligent healthcare provider. Our passionate birth injury lawyers can help prepare your case by fortifying your claim with strong evidence and guiding your legal steps wisely from start to finish.

Types of Birth Injuries

Many types of birth injuries can occur during pregnancy and childbirth. Common types of birth injuries include:

Brachial palsy: Brachial palsy occurs when there is damage to nerves in the brachial plexus, which controls movement and sensation in the arms and hands. This tends to occur during difficult deliveries, such as when a baby's shoulder gets stuck during childbirth.
Cerebral palsy: Cerebral palsy is a neurological disorder that affects movement and muscle coordination. It can be caused by oxygen deprivation to the brain during labor and delivery, which can occur due to medical negligence.
Erb's palsy: Erb's palsy is a type of brachial palsy that specifically affects the upper arm. It can result from shoulder dystocia, a condition where the baby's shoulder becomes stuck behind the mother's pelvic bone during delivery.
Facial paralysis: Facial paralysis can occur when the facial nerve is damaged during delivery. This can occur if excessive force is applied to the baby's head during labor or if tools such as forceps or vacuum extractors are used improperly.
Brain damage: Brain damage can result from a variety of factors, including oxygen deprivation, trauma during delivery, and infections. It can lead to lifelong disabilities and require extensive medical care.
Bone fractures: Bone fractures can occur during delivery, especially if excessive force is used or if the baby is in an abnormal position. Common areas for fractures include the clavicle, collarbone, and skull.

If you or your child suffered a birth injury, our articulate advocates can work tirelessly to maximize your claim’s value and hold liable parties accountable for the harm they have inflicted on the lives of you and your family.

What Causes Birth Injuries?

Medical negligence and malpractice can play significant roles in birth injury cases. Common examples of medical negligence resulting in birth injuries include:

Failure to monitor: Medical staff not properly monitoring the fetus's heart rate and other vital signs during labor can lead to severe complications.
Delay in performing cesarean sections (C-sections): If medical professionals do not act promptly when a cesarean section is required, it can result in oxygen deprivation and subsequent brain damage to the baby.
Improper use of medical tools: The incorrect or unnecessary use of forceps, vacuum extractors, or other birth-assisting tools can cause physical injuries.
Neglecting to treat infections: If infections in the mother are not detected and treated promptly, they can spread to the baby and cause severe damage.
Mishandling shoulder dystocia: If a baby's shoulder gets stuck behind the mother's pelvic bone and isn't addressed correctly, it can lead to nerve damage and injuries like Erb's palsy.
Improper use of labor-inducing drugs: Overuse or improper administration of drugs like Pitocin to induce labor can lead to fast, violent contractions that can injure the baby.
Failure to diagnose and address fetal distress: If signs of fetal distress are overlooked or not acted upon promptly, it can lead to critical situations and potential injury.
Neglecting to perform necessary prenatal testing: This can result in missing crucial information about the baby's or mother's health, leading to preventable complications during birth.

Who Is Liable for Birth Injuries in New Mexico?

While some birth injuries occur without explanation or reason, many birth injuries result from medical malpractice and negligence by healthcare providers and even third parties.

Common parties held liable for a birth injury include:

Obstetricians: The primary doctors responsible for the care of the mother and child during pregnancy and childbirth can be held liable if they fail to provide the standard of care required, resulting in injury.
Nurses: Nurses assisting during the labor and delivery process can also be held responsible if their negligence leads to a birth injury.
Anesthesiologists: If an anesthesiologist makes errors in administering anesthesia during labor and delivery, causing harm to the mother or baby, they can be held liable.
Hospitals: Hospitals can be held responsible for the actions of their employees, including doctors, nurses, and other medical staff, under the legal theory of vicarious liability. If the hospital fails to maintain proper standards, adequately train staff, or ensure safe facilities and equipment, they can also be directly liable.
Pharmaceutical Companies: If a birth injury is caused by a medication prescribed during pregnancy, the pharmaceutical company can be held liable if it is proven that the drug was defective or the company failed to provide adequate warnings about potential risks.
Medical Equipment Manufacturers: Manufacturers of medical devices and equipment used during pregnancy, labor, and delivery can be held liable if their products are found to be defective and cause injury.
Prenatal Care Providers: Healthcare providers who offer prenatal care and fail to identify or manage risks during pregnancy, leading to birth injuries, can be held responsible for negligence.

In these instances, seeking sound counsel from a birth injury attorney is paramount to recovering full damages in court.

Proving Negligence After a Birth Injury

To prove medical negligence and recover damages in a birth injury lawsuit, the injured party (plaintiff) is responsible for showing that the negligent provider (defendant) caused the birth injury to occur. This is accomplished by establishing four key elements:

The defendant owed the plaintiff a duty of care. Injured patients must establish that the medical provider owed them a duty of care. For example, in healthcare, medical personnel have a duty to exercise ordinary care, skill, and prudence that a comparably qualified medical professional would exercise under similar circumstances.
The defendant breached their duty. In healthcare communities, a “breach of duty” occurs when medical personnel fail to meet their standard of care (e.g., fail to act in a manner that is reasonable and prudent). In birth injury lawsuits, this can encompass a wide range of negligent actions, from the improper use of forceps during delivery to failing to respond to fetal distress.
Medical negligence was the proximate cause of the birth injury. Establishing causation is often the most difficult element to prove in a birth injury case. To recover damages, plaintiffs must show that the medical negligence demonstrated was the “proximate cause” of the birth injuries sustained. It’s critical to seek sound counsel from a birth injury lawyer who can help you gather sufficient evidence to establish causation, from expert testimonies to medical documentation.
The plaintiff must establish actual damages. To be compensated in a birth injury case, injured parties must demonstrate the existence of actual damages. The plaintiff must show that real harm occurred and there are valid grounds to pursue compensation in a lawsuit.

Recoverable Damages in a Birth Injury Lawsuit

From medical care costs to lost wages, various damages may be recovered in a birth injury lawsuit. There are three types of damages available to plaintiffs in New Mexico, including:

Economic Damages: These compensate for financial losses that can be quantified, such as treatment costs, rehabilitative care, hospital bills, and lost earnings.
Non-Economic Damages: These compensate for non-financial losses, such as pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life, and scarring/disfigurement.
Punitive Damages: Although punitive damages are rarely awarded, victims can recover them if the lawsuit entails extreme recklessness or negligence. Unlike other damages, punitive damages are intended to punish the defendant rather than compensate the victim.

Compassionate Birth Injury Lawyers in Farmington, NM

If you suspect that your child has suffered a birth injury in New Mexico, the first step is to seek immediate medical attention to address any health concerns. Document all medical treatments and keep detailed records of your child's symptoms and any communications with healthcare providers. Consult with a knowledgeable birth injury attorney who can review your case, gather evidence, and determine if there is a viable claim, as well as help you navigate the legal process and advocate on your behalf to ensure you receive your entitled compensation.

At Buckingham & Vega Law Firm, we’re committed to doing good work for good people. From surgical errors to prescription medication mistakes, our seasoned attorneys have extensive experience representing the wrongfully injured in a variety of cases. With an in-depth understanding of medical malpractice and personal injury law, our knowledgeable attorneys have served thousands of clients in New Mexico and beyond. Our firm prepares every case for trial, allowing our clients to rest assured that their legal needs are fully understood and prioritized. If you or a loved one suffered harm due to negligence, our determined trial lawyers can relentlessly pursue the justice you deserve.

Were you harmed by medical negligence during childbirth? Our birth injury attorneys can demand the justice you deserve. Contact us online to discuss your case.

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