Child Birth Injury in Las Cruces, NM
Do you know how much time you have left to file a lawsuit after a childbirth injury in Las Cruces?
New Mexico legislation has established a statute of limitation of three years from the date of the incident. Considering that symptoms do not always appear immediately, this deadline can be problematic.
Consequently, you do not want to delay a conversation with a local attorney for too long. If you connect with the information in this guide, connect with highly experienced legal counselors in our network.
What Causes a Childbirth Injury?
Was a medical professional you trusted negligent and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Las Cruces, NM.
During any labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. It can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. If the Las Cruces medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.
To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones are not reached.
Brain damage injuries to an infant in Las Cruces can result in a lifelong need for medical services. Consequently, juries in New Mexico tend to agree parents deserve ample compensation. According to Insurance Journal, a couple received $74 million to care for their child.
Beyond this, there are quite a few scenarios that may cause a child to sustain an injury while being born in Las Cruces. One of the following examples may apply to your circumstances.
Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. Las Cruces medical professionals may intervene and use a vacuum to assist. This machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.
Improper Use of Forceps
There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb.
In this case, attending medical professionals may use forceps to help move a baby through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.
The medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.
Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.
This condition often occurs due to a damaged or infected placenta. Thankfully, most Las Cruces, New Mexico medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.
However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.
Cesarean Section Delay
An emergency C-section may be necessary due to the infant’s fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.
In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.
In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.
Dejerine Klumpke Palsy
Dejerine klumpke palsy is a condition caused by nerve damage during childbirth. As a result, an infant born in a Las Cruces hospital may show symptoms like:
- A lack of arm or hand movement
- Deficient reflexes
Non-surgical treatments tend to take around six months. But, more serious incidents can require expensive surgical interventions.
A skull fracture is a distinct possibility during childbirth in Las Cruces. The fragility of an infant’s head passing through the birth canal can easily cause problems. Furthermore, complications during a live birth may lead to excessive force by the medical staff.
Nursing for Women’s Health says spontaneous skull fractures are rarely in nursing texts. As a result, a critical part of the obstetrics team may not have the preparation they need to avoid this injury.
What Are Some Other Possible Causes of Childbirth Injury in Las Cruces?
Other types of medical neglect that could result in injuries to the child or the birth mother include:
- Failing to perform sufficient prenatal testing
- Not using labor-inducing drugs timely
- Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
- Not addressing changes in the baby’s condition
Why Should You Take Action for Your Child Birth Injury?
A report from PLOS states the infant mortality rate is a critical indicator of a local healthcare system. Presently, the State of New Mexico reports 5.7 per 1,000 births. Since this statistic is slightly higher than average, it’s fair to assume some changes need to happen in Las Cruces hospitals.
It is essential that any parent whose child has been diagnosed with a birth injury in Las Cruces, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.
Work With an Experienced Local Child Birth Injury Lawyer in Las Cruces, New Mexico
If you suspect child birth injury medical malpractice in Las Cruces, you should take action. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across New Mexico state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!