Birth Injuries

Santa Fe Birth Injury Attorney

Helping Families Hold Negligent Healthcare Providers for Birth Injuries in New Mexico

When you are pregnant and going to have a baby, you will have a team of doctors and nurses to help you. It can be a very stressful time, and you will be relying on that team to keep you and your baby safe. When those medical professionals are negligent in the care they provide, it can lead to a birth injury. Birth injuries can be life-altering for both the baby and the mother.

Some birth injuries can be temporary and heal on their own, while others can have lifelong consequences. If your baby has suffered a birth injury, you may be able to file a medical malpractice claim to recover compensation for your baby's injuries. A Santa Fe birth injury attorney can help you with your claim and fight for the full amount of compensation your baby deserves.


Contact us today at (505) 906-6774 to schedule a free consultation with our experienced birth injury lawyer in Albuquerque.


Types of Birth Injuries

Birth injuries are often the result of complications that occur during the labor and delivery process. When these complications are not properly managed, they can lead to injury for both the baby and the mother.

Common types of birth injuries include:

  • Brachial Plexus Injury: This occurs when the nerves controlling the arm and hand are damaged during delivery, often due to shoulder dystocia (difficulty delivering the shoulder).
  • Cerebral Palsy: Cerebral palsy is a group of disorders that affect movement and muscle coordination. It can be caused by brain damage or abnormal brain development before, during, or shortly after birth.
  • Perinatal Asphyxia: Perinatal asphyxia happens when the baby's brain doesn't receive enough oxygen before, during, or immediately after birth. It can lead to brain damage or even death if not promptly treated.
  • Fractures: Fractures, particularly of the clavicle or collarbone, can occur during difficult deliveries, especially if forceps or vacuum extraction is used.
  • Intracranial Hemorrhage: This is bleeding within the baby's skull, which can lead to brain damage if not treated promptly.
  • Facial Paralysis: Pressure on the baby's face during delivery can cause damage to the facial nerve, resulting in temporary or permanent facial paralysis.
  • Caput Succedaneum: Swelling of the soft tissues of the scalp, often caused by pressure from the birth canal during delivery.
  • Cephalohematoma: Collection of blood between the skull and the periosteum (the membrane covering the bones) of the baby's head, typically resulting from trauma during delivery.
  • Hypoxic-Ischemic Encephalopathy (HIE): This occurs when the brain doesn't receive enough oxygen and blood flow, leading to brain damage. It can result from a variety of factors during childbirth.
  • Spinal Cord Injuries: Damage to the spinal cord during delivery can lead to paralysis or other neurological impairments.

What Causes Birth Injuries?

Birth injuries can occur due to a variety of factors, including maternal health conditions, complications during pregnancy, problems during labor and delivery, and medical negligence. Here are some common causes of birth injuries:

  • Prolonged Labor or Difficult Delivery: When labor is prolonged or difficult, it increases the risk of birth injuries. For example, prolonged labor can lead to fetal distress, oxygen deprivation, and trauma during delivery.
  • Fetal Positioning Issues: Incorrect positioning of the baby during birth, such as breech (feet-first) or face presentation, can increase the risk of birth injuries. These positions may require special delivery techniques or interventions to prevent harm to the baby.
  • Large Birth Weight (Macrosomia): Babies born larger than average (macrosomic) are at increased risk of birth injuries due to the challenges of delivery through the birth canal. Shoulder dystocia, where the baby's shoulder gets stuck behind the mother's pubic bone during delivery, is a common complication in macrosomic babies.
  • Maternal Health Conditions: Certain maternal health conditions, such as diabetes, high blood pressure (hypertension), preeclampsia, and gestational diabetes, can increase the risk of birth injuries. These conditions may affect fetal development or increase the likelihood of complications during pregnancy and delivery.
  • Umbilical Cord Complications: Problems with the umbilical cord, such as umbilical cord prolapse (when the cord slips into the birth canal ahead of the baby) or umbilical cord compression, can lead to fetal distress and oxygen deprivation, increasing the risk of birth injuries.
  • Use of Assisted Delivery Techniques: The use of forceps or vacuum extraction to assist with delivery can increase the risk of birth injuries, such as facial nerve damage, skull fractures, and soft tissue injuries.
  • Medical Negligence or Errors: In some cases, birth injuries may occur due to medical negligence or errors during prenatal care, labor, or delivery. This can include failure to diagnose or properly manage maternal health conditions, delayed or improper delivery interventions, or mistakes made during medical procedures.
  • Infections during Pregnancy: Infections contracted by the mother during pregnancy, such as rubella, cytomegalovirus (CMV), or toxoplasmosis, can increase the risk of birth defects and neurological complications in the baby.
  • Genetic Factors: In some cases, birth injuries may be related to genetic factors that affect fetal development or increase susceptibility to certain medical conditions or complications during birth.

During the labor and delivery process, the doctor and other medical professionals need to be on the lookout for any signs of these complications. If they are not properly monitoring the situation, they may miss the signs of a problem and not be prepared to handle it when it occurs. This can lead to a birth injury.

What Are the Signs of a Birth Injury?

In some cases, the signs of a birth injury will be evident right away. You may notice that your baby is not moving correctly, or they may not be able to move certain parts of their body. You may also notice that they are not eating or sleeping well. If you have any concerns about your baby's health, you should contact their pediatrician right away.

Birth injuries are not always immediately apparent, and it may take some time before you notice any signs. As your baby grows, you may notice that they are not meeting certain developmental milestones. They may not be able to crawl, sit up, or walk when they should. They may also have trouble holding their head up or rolling over. If your baby is not meeting these milestones, you should bring this up to their pediatrician.

Some birth injuries are temporary and will heal on their own. Others can have lifelong consequences and may lead to permanent disabilities. If your baby has suffered a birth injury, you may be able to file a medical malpractice claim to recover compensation for their injuries.

Types of Birth Injury Compensation

Birth injuries can lead to lifelong disabilities for your baby. In some cases, they may not be able to live a normal life and will require around-the-clock care. They may also require multiple surgeries and other medical treatments. All of these expenses can add up quickly, and you may be wondering how you are going to pay for it all.

If your baby's birth injury was the result of medical malpractice, you may be able to recover compensation for your baby's medical expenses. This can include the cost of all past and future medical treatments, including surgeries, medications, and physical therapy. You can also recover compensation for any necessary home modifications and the cost of in-home care. In addition to these economic damages, you can also recover compensation for your baby's non-economic damages, such as pain and suffering.

Let Us Help You

If your baby has suffered a birth injury, you need to speak to a Santa Fe birth injury lawyer as soon as possible. At James Wood Law, we will review your case and help you determine if you have a valid claim. We represent clients in Santa Fe and throughout the state of New Mexico. We have the experience and resources to take on large hospitals and insurance companies.


Call (505) 906-6774 or contact us online to let us help your family get you the justice and compensation you all deserve.


  • American Association for Justice - President's Club
  • Super Lawyers
  • AV Preeminent
  • The National Trial Lawyers
  • Multi-Million Dollar Advocates Forum
  • Super Lawyers | James F. Wood
  • National Board of Legal Specialty Certification
  • Trial Lawyers College of Thunderhead Ranch
  • Board Certified Civil Law Trial Specialist
  • Avvo 10.0 Rating

Why We Should Be Your First Choice

  • Multiple Verdicts and Settlements Obtained of $1 Million or More
  • Tried More Than 50 Cases to a Jury & Settled More Than 150 Cases
  • Board Certified Trial Lawyer by the National Board of Trial Advocacy
  • Rated AV Preeminent® by Martindale-Hubbell®

Let's Get Started Together on Your Case

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.