According to the American College of Obstetrics and Gynecologists and the American Academy of Pediatrics, there are four criteria that must be present in order for cerebral palsy to be attributed to labor and delivery or the negligence of a medical professional.
Those four criteria focus on the following:
Even if the above criteria is present, however, it does not mean that it is easy to identify what exactly caused the cerebral palsy. In fact, that can be an exceedingly complex process—and it can be even more difficult to determine if any of the caregivers violated their standard of care. For this reason, it is critical that you hire a New Mexico birth injury attorney who has the experience and track record to handle these complex cases.
As with all personal injury lawsuits, there are deadlines that can determine how long you have to file your case. These are known as the statute of limitations are entirely dependent on the type of case and state that has jurisdiction over the case. For this reason, you should not hesitate to contact a professional attorney as soon as you can to begin the process of analyzing medical records, talking to witnesses, and creating your claim.
At Hampton & King, we have 50+ years of experience and have worked with cases such as this before. When we take on a cerebral palsy case, we will work with medical experts and professionals ranging from nurses to obstetricians to determine if negligence occurred so that responsibility can be assigned properly. We can look to see if fetal heart monitoring was done incorrectly, if there were warning signs that were ignored, or even if preventative measures that could have helped went undone. Call today to learn more about how we can help.
Take the first step in your case by filling out our online form or calling us at (505) 395-5575.