New Mexico Cerebral Palsy Lawyers

If Your Baby Suffered Brain Damage During Childbirth, Our Attorneys Can Help Your Family Plan for the Future

As a parent, learning your child has cerebral palsy can be devastating. Not only must you consider the typical questions regarding your child’s upbringing, but also issues of access and ability when it comes to education and other opportunities. For many families, resources are a serious barrier to getting their child the help they need and deserve.

If your baby has been diagnosed with cerebral palsy, and you suspect that medical negligence is to blame, you have the right to hold all responsible parties accountable. Our cerebral palsy attorneys in New Mexico can help you through this process, seeking full damages for future medical needs, assistive devices, rehabilitative therapies, and more.

We can help provide answers to all of your questions, which may include:

• What caused my baby’s cerebral palsy?
• Could the doctors have prevented this during delivery?
• What medical mistakes might have led to my child's brain injury?
• How do I know if my child’s cerebral palsy is due to medical negligence?
• Can I file a lawsuit against the hospital or medical staff?
• What kind of compensation could we receive for a birth injury case?
• How long do I have to file a claim in New Mexico?
• What evidence do I need to prove medical malpractice?
• How can a lawyer help us through this process?
• How will I afford the lifetime costs of my child’s care?
• What are our next steps after receiving this diagnosis?

At McGinn Montoya Love Curry & Sievers PA, we want to make sure your family has what it needs and what it is entitled to after a baby suffers a birth injury. Reach out to our legal team to learn more about your rights and options.

Call our New Mexico team at (505) 405-4441 for a free consultation. If your child’s case of cerebral palsy was preventable, we want to help you receive justice.

What Is Cerebral Palsy?

Cerebral palsy is a group of motor function disorders caused by severe brain damage.

Oxygen deprivation is the main cause of cerebral palsy; whether in the womb or during birth, lack of blood flow to a baby can cause dangerously low blood oxygen levels that trigger brain cell death. Cerebral palsy often occurs alongside hypoxic-ischemic encephalopathy, a condition in which part of the cerebral motor cortex is damaged due to reduced oxygen flow.

Cerebral palsy caused by oxygen deprivation can and should be prevented. Symptoms of fetal distress signal the need for immediate medical intervention.

Doctors must also be ready to act in situations that are likely to hinder the flow of oxygen to the fetus, such as:

• Severe maternal blood pressure decrease
• Uterine rupture
• Placental abruption
• Umbilical cord prolapse

Though less common, physical injury to the brain from tools like forceps can cause cerebral palsy. Improper use of forceps can cause a number of injuries to a baby, including brain injuries that can lead to cerebral palsy. If your child suffered brain injury due to physical trauma during childbirth, it is important to learn if you may have grounds to make a claim.

Types of Cerebral Palsy

Cerebral palsy can present in different ways, depending on which part of the brain was affected. Some children may experience muscle stiffness and difficulty walking, while others may have uncontrollable movements or trouble with balance.

The four main types of cerebral palsy are:

• Spastic CP: Characterized by muscle stiffness, affecting about 70-80% of cases.
• Dyskinetic CP: Involves involuntary movements, often leading to difficulty controlling the hands, arms, and legs.
• Ataxic CP: Causes problems with balance and depth perception, leading to unsteady movements.
• Mixed CP: A combination of symptoms from more than one type of CP.

Common Causes of Cerebral Palsy

Because fetal hypoxic/anoxic brain damage can happen in just minutes during childbirth, all healthcare providers must be well-trained in recognizing and responding to the signs of fetal distress. Providers must know all the risk factors that can increase your baby’s risk of suffering a birth injury like cerebral palsy (CP).

Your treatment team must also closely monitor you and your baby during the labor and delivery process. Failure to respond to signs of distress may cause a baby to suffer oxygen deprivation, leading to a serious and permanent medical condition like cerebral palsy.

Common causes and factors contributing to cerebral palsy include:

• Birth asphyxia: Oxygen deprivation during birth can result from medical errors such as failure to monitor fetal distress, improper use of delivery instruments like forceps or vacuum extractors, delayed emergency interventions like cesarean sections, or improper management of umbilical cord issues.
• Infections during pregnancy: Certain infections during pregnancy, such as rubella or cytomegalovirus, can lead to CP if not properly diagnosed and managed by healthcare providers.
• Maternal health issues: Medical conditions in the mother such as untreated high blood pressure, infections, or other health issues can increase the risk of CP in the baby if not adequately managed during pregnancy.
• Medication errors: Administration of incorrect medications, improper dosages, or medications contraindicated during pregnancy can lead to CP if they adversely affect fetal development.
• Mismanagement of premature births: Premature birth itself is a risk factor for CP. Mismanagement of premature labor, failure to administer corticosteroids to improve fetal lung development, or improper neonatal care can increase the risk of CP in premature infants.
• Head trauma: Traumatic head injuries during birth due to improper handling or the use of excessive force can lead to brain damage and CP.
• Delayed diagnosis or treatment of neonatal jaundice: Severe jaundice left untreated can lead to a condition called kernicterus, which can cause brain damage and result in CP.
• Hypoglycemia: Inadequate monitoring or treatment of low blood sugar levels in newborns can lead to brain damage and CP.
• Mismanagement of preeclampsia/eclampsia: Failure to diagnose or properly manage maternal conditions like preeclampsia or eclampsia can lead to complications such as seizures or stroke, which can result in CP in the baby.
• Inadequate monitoring during labor: Failure to properly monitor the baby's vital signs during labor can result in missed signs of distress, leading to oxygen deprivation and CP.

Who is Liable?

Determining liability for cerebral palsy can be complex and depends on the specific circumstances surrounding the case. Liability can potentially fall on various parties involved in the care of the mother and child before, during, and after birth.

Here are some parties that could be held liable:

• Medical Professionals: Obstetricians, gynecologists, midwives, nurses, anesthesiologists, and other healthcare professionals involved in prenatal care, labor, delivery, and postnatal care may be held liable if they failed to provide a standard level of care, made errors in judgment, or acted negligently, leading to CP.
• Hospitals and Healthcare Facilities: Hospitals and healthcare facilities can be held liable for the actions of their employees under the legal doctrine of vicarious liability. Additionally, hospitals may be directly responsible if there were issues with staffing, training, or protocols that contributed to the CP injury.
• Medical Institutions: In cases involving teaching hospitals or medical institutions, liability may extend to supervising physicians, medical schools, or residency programs if inadequate supervision or training contributed to the injury.
• Manufacturers of Medical Equipment or Pharmaceuticals: If CP resulted from defects in medical equipment used during birth or if medications administered during pregnancy or labor had adverse effects contributing to the condition, the manufacturers of such products could be held liable under product liability laws.
• Third Parties: In some cases, liability may extend beyond healthcare providers to include third parties such as contractors responsible for maintaining medical equipment, insurance companies that denied coverage for necessary treatments, or other entities whose actions or negligence contributed to the injury.

Bringing a Cerebral Palsy Claim

Filing a claim for compensation can help you hold those who caused the injuries accountable and provide you with the resources you need to care for your child. Cerebral palsy symptoms vary; those with the condition often need a range of accommodations to access the world. The condition may also cause continuing health issues for which your child will need ongoing treatment.

With a birth injury claim, you can seek damages for expenses like:

• Medical bills (past and future)
• Surgeries
• Braces or other orthotic devices
• Vision and hearing aids
• A wheelchair or other mobility devices
• Physical, occupational, and speech therapies
• Assistive devices for communications and education
• Accommodations for your home
• Accommodation to access the world
• 24-hour nursing care

When your child has suffered a brain injury, it also impacts your life in countless ways. You or a loved one may have to cut back on work hours or leave your job entirely to become a caregiver. Or, you may have to hire an aide for your child. Our team can help you identify every loss and challenge you and your family may face now and in the years to come.

Time Limits for Filing a Claim in New Mexico

It's important to understand that New Mexico law imposes a time limit (statute of limitations) on filing birth injury claims. Generally, you have three years from the date of the injury to file a medical malpractice claim, but there are exceptions when it involves a minor. In some cases, you may have until your child turns 19. However, gathering evidence and building a strong case takes time, so it’s best to consult with a cerebral palsy lawyer in New Mexico as soon as possible.