We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.
Common Types of Birth Injuries
The most common types of birth injuries are:
We expect that doctors, nurses, midwives, and other healthcare professionals will uphold accepted standards of care during pregnancy, labor, and childbirth. When they breach this duty of care, birth injuries may occur. Birth injury malpractice happens more frequently than you might think.
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Shoulder DystociaShoulder dystocia is a potentially life-threatening event when one or both of the newborn’s shoulders become stuck in the birth canal. Doctors must work quickly to dislodge the baby from behind the mother’s pelvic bone.
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Brachial PalsyA common result of shoulder dystocia, brachial palsy is nerve damage to the arms and hands. The baby cannot flex or rotate one or both arms due to bruising and swelling. Brachial palsy can be permanent if the nerve is torn.
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Cerebral PalsyCerebral palsy is a group of disorders that affects movement, coordination, development, speech, and in some cases, cognitive abilities. According to the Mayo Clinic, infection, lack of oxygen, or bleeding into the newborn’s brain may cause cerebral palsy.
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Bell’s PalsyBell’s palsy is a neurological condition caused by damaged nerves in the face. It is usually caused by prolonged labor, forceps in delivery, or an overly large baby.
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FracturesFractures may occur during a long or difficult delivery or breech birth. The most common fractures occur on the baby’s collarbone, although they can happen elsewhere.
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Hypoxia, Birth Asphyxia & Hypoxic-ischemic EncephalopathyHypoxia, birth asphyxia, and HIE refer to a lack of oxygen before, during, or after birth. Without proper oxygen, the brain, heart, and other organs cannot properly function. Hypoxia can lead to permanent cognitive and physical impairment.
What Is a Birth Injury?
According to the Stanford Children’s Hospital, a birth injury (also called a birth trauma) is a physical injury that frequently occurs when a baby proceeds down the birth canal. However, birth injuries can also happen during pregnancy or after childbirth.
Some birth injuries are minor and leave no permanent physical or cognitive impairment. Other birth injuries, such as oxygen deprivation, could result in lifelong disabilities.
What Causes Birth Injuries?
Birth injuries are sometimes natural, such as a baby with a large head or birthweight exceeding eight pounds. More often, birth injuries are the result of medical error. Medical negligence at any time before or after delivery could cause lifelong injury or disability.
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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Financial Compensation for Birth Injuries
No family should endure a preventable birth injury because of malpractice. You and your loved ones could be entitled to compensation for your economic and emotional damages, including:
- Medical expenses for mother and baby
- Wrongful death
- Lost wages
- Pain and suffering
- Lifecare costs such as physical and occupational therapy, assistive medical devices, and counseling
A birth injury creates physical, emotional, and financial stress on the entire family. A birth injury malpractice lawyer can pursue compensation from negligent healthcare providers.
How a Birth Injury Malpractice Lawyer Can Help
Proving liability in a birth injury claim is a complex process. Medical malpractice requires experts who can testify that the doctor, nurse, midwife, or other professional failed to uphold standard levels of care.
It is challenging to navigate these complicated legal and medical matters on your own. A labor and delivery malpractice lawyer takes care of the many details involved in seeking financial compensation, including:
- Obtain documentation and timetable of events during your prenatal care, labor, delivery, and after childbirth
- Secure testimony from medical experts on the severity and prognosis of the birth injury
- Assess all current and future expenses to accommodate your child’s physical, emotional, and educational well-being
Under New Mexico law, you have a limited time to file a medical malpractice lawsuit. An experienced birth injury malpractice attorney helps you understand your rights and meet all necessary deadlines.
Treatment for Birth Injuries
Some of the most common forms of medical negligence we have seen include:
Babies might not require special treatment for some types of birth injuries. For
example, vaginally delivered babies often have caput succedaneum or soft tissue swelling
on the scalp. The swelling usually goes away in a few days without complications.
More severe birth injuries need specific medical care.
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Craniosacral TherapyCraniosacral therapy for babies involves gentle massage of the bones around the skull. This massaging relieves pain and promotes healing for babies with brain damage, cerebral palsy, and other kinds of birth trauma.
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Hyperbaric Oxygen TherapyHyperbaric oxygen therapy involves a pressurized chamber filled with pure oxygen. This treatment is helpful for babies who have insufficient oxygen during labor and birth. HBOT promotes the healing of damaged tissues in the brain or body.
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Pediatric Occupational TherapyOccupational therapy is helpful for children who have cerebral palsy and infant brain damage, among other conditions. Patients learn how to develop emotional and social skills, improve hand-eye coordination, and gain control over daily hygiene and positive behaviors.
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Pediatric Physical TherapyPhysical therapy helps children develop or improve muscle function, adopt correct posture and movement, and enhance age-appropriate skills.
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MedicationsMedication controls or reduces symptoms of many kinds of birth injuries. For example, children with tremors or stiffness might take antispasmodics.
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SurgerySome birth injuries require surgery. Surgery might be in conjunction with medication and therapy. Different forms of surgical treatment for birth injuries include orthopedic surgery, vision surgery, or neurolysis.
Let Our Family Help Your Family
The Kemmy Law Firm is a family-run firm with more than 50 years of combined legal experience. We have a deep understanding of New Mexico’s liability and malpractice laws. When medical negligence causes or contributes to a birth injury, you and your family deserve compensation and justice.
Contact the Kemmy Law Firm today for a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation. Call (830) 264-6297 or reach out online.
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"You could not hire a better attorneys than the Kemmy's."
My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!
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"Very easy to talk to, sincerely cared about my situation."
I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
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"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
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"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
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"Not only were they my lawyers they became like family."
I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L. -
"I wholeheartedly endorse Kemmy Law without reservation."
Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G. -
"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
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