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Birth Injury Malpractice Lawyers

Birth injuries may occur during pregnancy, labor, or delivery. Although genetic disorders cause some birth injuries, others result from medical negligence.

When medical error or negligence caused or contributed to your child’s birth injury, your family might be entitled to financial compensation. A birth injury malpractice lawyer can hold a negligent provider or facility accountable.

The Kemmy Law Firm has more than 50 years of combined legal experience. Our medical malpractice attorneys fight for the compensation and justice you deserve. To schedule your free, no-risk consultation, call 575-222-8549.

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.

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Common Types of Birth Injuries

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. The most common types of birth injuries are:

Shoulder Dystocia

Shoulder 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.

Brachial Palsy

A 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.

Cerebral Palsy

Cerebral 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.

Bell’s Palsy

Bell’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.


Fractures 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.

Hypoxia, Birth Asphyxia & Hypoxic-ischemic Encephalopathy

Hypoxia, 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.

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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.

Medical Malpractice & Birth Injuries

Healthy babies and mothers require proper medical care and treatment, from prenatal to neonatal. Many birth injuries occur when medical professionals fail to uphold accepted standards of care.

Common Medical Malpractice Birth Injuries:

  • Failure to monitor mother’s weight, blood pressure, or blood sugar levels
  • Failure to take measures to prevent premature birth for an overly large baby
  • Lack of oxygen delivered to baby or mother during labor and delivery
  • Premature separation of the placenta from the uterus
  • Dangerous maternal blood pressure (too low or too high)
  • Anemia
  • Maternal or fetal infection

Treatment varies for birth injuries, including surgery, medication, and special therapies.

Treatment for Birth Injuries

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.

Craniosacral Therapy

Craniosacral 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.

Hyperbaric Oxygen Therapy

Hyperbaric 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.

Pediatric Occupational Therapy

Occupational 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.

Pediatric Physical Therapy

Physical therapy helps children develop or improve muscle function, adopt correct posture and movement, and enhance age-appropriate skills.


Medication controls or reduces symptoms of many kinds of birth injuries. For example, children with tremors or stiffness might take antispasmodics.


Some 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.


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If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

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
  • Lifecare costs such as physical and occupational therapy, assistive medical devices, and counseling
  • Lost wages
  • Pain and suffering
  • Wrongful death

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.

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New Mexico Oil Field Worker Suffers Back Injury

We obtained a $2 Million settlement for a New Mexico Oil Field worker.

18-Wheeler Parks on Side of Road and Causes Catastrophic Injury

We recovered a confidential 7 figure settlement (in the millions) for a West Texas family man.

Child Suffers Closed Head Injury at Amusement Park

The Kemmy lawyers secured a $2.3 Million settlement.

Permanent Brain Injury

The Kemmy firm secured an $8 Million settlement on behalf of a client who suffered a brain injury when basic safety rules were violated.


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.

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 575-222-8549 or reach out online.

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Kemmy Law Firm, P.C. Icon Kemmy Law Firm, P.C.

1601 North Turner Street Suite 417, Hobbs

5.0 12 reviews

  • Avatar R N ★★★★★ 2 months ago
    Nick was very easy to deal with. Very professional and understood the case very well. I hope to not have to work with him again (because not wanting another injury), but, if I do, I will work with again. Thanks for everything!
  • Avatar Manuel Arteaga ★★★★★ 2 months ago
    We were looking for someone to takeour case and We were unresponsive from some layers, either from well recogniced firms and I'm so grateful for that because since the first day that we spoke with Nick we knew that we will be well … More represented. He was very honest, clear, diligent and communicative thru the process. His work ethics are first class. I put him as a role model for my kids to know How a Profesional Person should be. Words are less of how greatfull we are to count with Him to represent us. Thank you Nick and your Team. Many Blessings!
  • Avatar Cynthia Garza ★★★★★ 9 months ago
    This law firm is professional , diligent and cares about their client. They were
    able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect.. The staff kept us informed and responded
    … More in a timely fashion to all correspondence .
  • Avatar Stuart Kunkel ★★★★★ 10 months ago
    I should have called Kemmy Law Firm, P.C. first
    For six months I have been dealing with an insurance company that would not reimburse me for a rental car I paid for out of pocket.
    I spoke to 10 different attorneys and nobody could help
    … More me.
    Then I called the Kemmy Law Firm, P.C. during a 15 minute phone call I got a Professional, Direct, Legal consultation that set me on the right course to handle my situation.
    The Kemmy Law Firm, P.C. is Polite, Respectful, and Sincerely Care about You enough to explain the legality of the Law with patience.
  • Avatar Jerry Guillen ★★★★★ 10 months ago
    Tom Kemmy helped me with a case about 20 years ago involving an insurance claim I had issues with and we were able to get the insurance to pay their part. I was very satisfied with Tom’s service. Also throughout the years since Tom has … More referred me and guided me in the right direction for legal questions. He is certainly a great person also because I personally know of him helping a grieving family that suffered the loss of 2 family members and he helped them gracefully. Thanks Tom for all you do.

Contact Kemmy Law Firm Today

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Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.