Can Medical Malpractice Cause Cerebral Palsy in New Mexico?

When a child is diagnosed with cerebral palsy, parents often wonder whether something went wrong during pregnancy, labor, or delivery. The answer matters because it shapes not only how families understand what happened, but also whether they have legal options to secure the care their child will need for a lifetime. Here is what New Mexico families should know about the connection between medical malpractice and cerebral palsy.

Key Takeaways

• Yes, medical malpractice can cause cerebral palsy. Preventable medical errors before, during, or shortly after birth can cause brain damage that leads to cerebral palsy, including oxygen deprivation, untreated infections, and delayed emergency interventions.

• Not every case of cerebral palsy is due to malpractice. Roughly 85–90% of cerebral palsy cases are congenital, and many have unpreventable causes such as genetic factors or unavoidable prematurity. However, a meaningful number are linked to avoidable birth injuries.

• Families in New Mexico may pursue a birth injury claim or cerebral palsy malpractice claim when negligence caused or worsened their child's condition.

• Shekter Rosete Law, PC investigates these complex cases statewide and offers free consultations at (505) 216-2510 or via the secure online contact form.

• Financial compensation from a successful claim can help cover lifelong medical care, therapies, assistive technology, home modifications, and other needs for a child with cerebral palsy.

What Is Cerebral Palsy?

Cerebral palsy (CP) is a group of non-progressive neurological disorders and a neurological disorder affecting movement, muscle tone, coordination, and posture. It is the most common motor disability in childhood, affecting approximately 2.4 per 1,000 children aged 8 in the United States.

CP results from brain damage or abnormal brain development that occurs before birth, during labor and delivery, or in the first years of life. Many cases are tied to events that injure the baby's brain during critical stages of development. The brain injury underlying cerebral palsy is generally nonprogressive, but symptoms can change over time as a child grows.

Common motor symptoms include stiff or floppy muscles, poor balance, difficulty walking, and challenges with fine motor skills. Cerebral palsy can also lead to cognitive impairments and communication difficulties, seizures, learning difficulties, and vision or hearing problems. Children with cerebral palsy often require special education services and ongoing support.

While CP is permanent, it is not a condition that worsens on its own over time. Early intervention through physical therapy, occupational therapy, medications, and assistive technology can significantly improve a child's ability to function and participate in daily life. Cerebral palsy requires a lifetime of medical care and therapy, but outcomes improve with early diagnosis and consistent treatment.

Premature birth increases the risk of developing cerebral palsy, and low birth weight infants are at higher risk for cerebral palsy as well. Other risk factors include multiple births, maternal infections, placental insufficiency, and complications involving the umbilical cord.

Can Medical Malpractice Cause Cerebral Palsy?

Yes, medical malpractice can cause or contribute to cerebral palsy when avoidable errors lead to brain damage in a developing baby. Medical negligence during childbirth can lead to cerebral palsy, and understanding when that line is crossed matters for families seeking answers.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care. In plain terms, that means a doctor, nurse, or hospital did something that a reasonably careful provider would not have done in the same situation, or failed to do something they should have done. When these failures cause oxygen deprivation during delivery, bleeding in the brain, severe untreated jaundice, or uncontrolled infections, they can damage areas of the developing brain that control movement, triggering cerebral palsy.

Medical negligence can lead to preventable birth injuries. However, not all cerebral palsy cases are related to medical malpractice; many have unpreventable causes. Research indicates that only about 9% of children with CP have direct and exclusive causation from labor asphyxia when strict clinical criteria are applied. Still, a California study found that roughly 31% of children with certain types of CP experienced at least one adverse intrapartum event, compared to about 13% in the control group. That gap suggests birth-related medical mistakes play a larger role than older estimates indicated, at least for some cerebral palsy cases.

If you suspect that medical errors contributed to your child's cerebral palsy, a free legal review can help clarify whether you have grounds for a birth injury claim. Contact Shekter Rosete Law, PC by calling (505) 216-2510 or sending a message through our secure online form.

Common Medical Errors That Can Cause Cerebral Palsy

Many cerebral palsy cases arise from specific, well-recognized medical errors during pregnancy, labor, delivery, and immediately after birth. When medical professionals fail to act according to accepted standards, preventable brain injury can result. Below are the major categories of cerebral palsy medical negligence:

• Failure to monitor fetal heart rate and respond to signs of fetal distress. When healthcare providers do not properly monitor fetal distress, or ignore warning signs of prolonged low oxygen levels, the result can be severe brain damage. Failure to monitor fetal distress can result in brain damage that causes lifelong disability.

• Delayed emergency C-section. When labor is not progressing or the baby is clearly in distress, a delayed decision to perform an emergency cesarean section can allow oxygen deprivation to continue long enough to injure the baby's brain.

• Mismanagement of umbilical cord complications. Prolapsed cord, cord wrapped around the neck, or compressed cord can all cut off blood flow to the baby. If healthcare professionals fail to identify and respond to these situations promptly, cerebral palsy can result.

• Improper use of delivery tools. Improper use of forceps or vacuum extractors can cause head trauma, skull fractures, or intracranial bleeding. When excessive force is applied during delivery, the harm to the developing brain can be irreversible.

• Failure to diagnose and treat infections. Infections during pregnancy can lead to cerebral palsy. Untreated maternal or infant infections, such as chorioamnionitis, meningitis, or sepsis, can damage the baby's central nervous system and lead to CP.

• Failure to treat severe newborn jaundice. Kernicterus can arise from untreated jaundice, leading to brain damage in newborns. When medical providers recognize severe jaundice but delay phototherapy or exchange transfusion, the resulting toxic bilirubin levels can cause permanent harm.

Each of these errors may support a cerebral palsy malpractice claim when they fall below accepted standards and directly cause brain damage. Shekter Rosete Law, PC works with independent medical experts to evaluate whether such medical mistakes occurred and whether they likely caused your child's cerebral palsy.

How Birth Injuries and Brain Damage Can Lead to Cerebral Palsy

Birth injuries are physical injuries or brain injuries that occur shortly before, during, or just after delivery. Some of these injuries, when they affect specific areas of the infant's brain responsible for muscle control, coordination, and balance, can cause cerebral palsy. Brain injury in this context means damage to the motor centers of the developing brain.

Here are the key mechanisms by which a child's birth injury can lead to cerebral palsy:

• Oxygen deprivation (hypoxia or asphyxia) can lead to hypoxic ischemic encephalopathy (HIE), one of the most significant causes of cerebral palsy caused by medical negligence. Oxygen deprivation during delivery can cause cerebral palsy when it is prolonged or unaddressed.

• Bleeding in the brain (intraventricular hemorrhage or other hemorrhages), often linked to birth trauma or extreme prematurity, can destroy developing brain tissue and trigger CP.

• Inflammation from serious infections such as meningitis or sepsis can damage brain tissue when proper medical attention is not provided in time.

• Toxic bilirubin levels from severe, untreated jaundice cause kernicterus, which can result in severe brain damage and permanent neurological symptoms.

Once these injuries damage the developing brain's motor centers, the resulting cerebral palsy is permanent. That is why preventing cerebral palsy through timely medical intervention is so critical. When qualified medical professionals fail to address risk factors and act appropriately, the consequences are irreversible.

Medical records, fetal heart monitor strips, NICU notes, imaging studies (MRI, CT), and blood gas results are often the key evidence in proving a connection between a specific birth injury and a later CP diagnosis. Families should make every effort to preserve these documents.

Types of Cerebral Palsy and Related Brain Injuries

Different types of cerebral palsy correspond to different patterns of brain damage. Understanding the type can sometimes help clarify how and when the injury occurred.

• Spastic cerebral palsy: The most common type, involving stiff or tight muscles and difficulty with movement. It results from damage to the motor cortex or pyramidal tracts and affects roughly 70–80% of people with CP. Spastic cerebral palsy is the form most frequently at issue in birth injury cases.

• Dyskinetic (athetoid) cerebral palsy: Characterized by involuntary, twisting movements and fluctuating muscle tone. It is often linked to damage in the basal ganglia, which can result from severe oxygen deprivation or birth trauma.

• Ataxic cerebral palsy: Caused by damage to the cerebellum, leading to problems with balance, depth perception, tremors, and fine motor tasks. Ataxic cerebral palsy is less common but can significantly affect a child's ability to perform everyday activities.

• Mixed cerebral palsy: Where a child shows features of more than one type, reflecting injury to multiple brain regions.

While recognizing the type of CP does not by itself prove malpractice, it can guide medical experts as they reconstruct what happened during pregnancy labor and delivery, or the newborn period. For example, certain imaging patterns on MRI can point to the timing of injury and help determine whether a preventable birth injury was the likely cause.

Warning Signs Your Child's Cerebral Palsy May Be Caused by Medical Negligence

Parents are not expected to diagnose what went wrong during labor or delivery. But certain medical events and records can raise red flags for cerebral palsy caused by medical negligence. Here is what to watch for.

During pregnancy and labor:

• Repeated reports of decreased fetal movement without appropriate follow-up testing

• Evidence of fetal heart rate abnormalities that were ignored or minimized by healthcare providers

• Very long, difficult, or obstructed labor without timely escalation of care or C-section

• Known birth complications such as placental abruption or umbilical cord issues that were not urgently addressed

Shortly after birth:

• Very low Apgar scores that did not rapidly improve

• Need for aggressive resuscitation, ventilator support, or immediate NICU transfer

• Diagnosis of hypoxic ischemic encephalopathy (HIE), seizures, or unexplained bleeding in the brain

• Severe jaundice that was recognized but not adequately treated, such as delayed phototherapy

Parents should obtain and preserve copies of prenatal records, labor and delivery records, NICU records, and imaging reports. These documents are essential for a New Mexico birth injury attorney to review medical records and determine whether negligence occurred.

If any of these warning signs are familiar, have Shekter Rosete Law, PC review your child's records at no cost. Call (505) 216-2510 or contact us online.

New Mexico Law: When Cerebral Palsy Becomes a Medical Malpractice Case

Not every bad medical outcome is negligence. New Mexico law requires proof of several specific elements to bring a successful cerebral palsy medical malpractice claim:

Element	What It Means
Duty	The doctor, nurse, or hospital owed the mother and baby a professional duty of care.
Breach	The provider did something a reasonably careful provider would not have done, or failed to do something they should have done.
Causation	This breach directly caused or significantly contributed to brain damage that led to your child's cerebral palsy. Causation must be shown to link the breach of duty directly to the brain injury causing cerebral palsy.
Damages	Your child and family suffered real, measurable harms: medical costs, therapy, special education, pain and suffering, loss of future income, and more.

Legal claims for malpractice in cerebral palsy cases often require proof of duty of care and breach of that duty, supported by expert testimony from qualified medical professionals who review and interpret the records.

New Mexico also has special procedural rules. Under the Medical Malpractice Act, claims against independent providers (such as individual physicians) must generally be submitted to the Medical Review Commission before filing in district court. As of 2021, claims against hospitals and outpatient healthcare facilities are no longer required to go through the MRC process. New Mexico caps non-economic damages at $750,000 in many medical malpractice claims, which can affect the total recovery available for intangible harms like pain and suffering.

Shekter Rosete Law, PC focuses on complex personal injury and medical malpractice claims and is familiar with local courts and laws affecting cerebral palsy birth injury lawsuits across New Mexico.

Deadlines: New Mexico Statute of Limitations for Birth Injury and Cerebral Palsy Claims

Families do not have unlimited time to file a birth injury lawsuit or cerebral palsy claim in New Mexico. Strict legal deadlines apply, and missing them can permanently bar your right to recovery.

Here is how the statute of limitations generally works:

• Under New Mexico law (NMSA §41-5-13), medical malpractice claims generally must be filed within three years after the act of malpractice occurred.

• For injured children, the time period is extended. Minors have until one year after reaching the age of majority (their 18th birthday) to file, which creates a commonly cited outside limit of approximately nine years for some New Mexico birth injury claims, though the exact deadline varies depending on the facts and the type of provider.

• When negligence involves a state-run or government facility, such as a public hospital, much shorter notice and filing deadlines may apply, sometimes requiring notice of claim within two years or less.

Procedures vary significantly from state to state. For comparison, Maryland requires filing malpractice claims within five years of injury, and claims above $30,000 must go through HCADRO first. Maryland also requires a Certificate of Qualified Expert within 90 days of filing. New Mexico's process is different but equally demanding.

Parents should not wait. Contact a New Mexico medical malpractice attorney as soon as you suspect cerebral palsy caused by medical negligence so the lawyer can calculate the correct deadline and preserve critical evidence.

Call Shekter Rosete Law, PC at (505) 216-2510 right away, or reach out through the online contact form to avoid missing critical time limits.

What a New Mexico Cerebral Palsy Birth Injury Claim Can Recover

A successful cerebral palsy birth injury lawsuit aims to secure the financial resources needed to care for a child over a lifetime and to hold negligent medical providers accountable.

Economic damages that may be available include:

• Past and future medical expenses, including hospitalizations, surgeries, and specialist visits

• Physical, occupational, and speech therapy, as well as behavioral and psychological services

• Costs of medications, mobility aids (wheelchairs, walkers), communication devices, and home health aides

• Home and vehicle modifications (ramps, lifts, accessible bathrooms) needed because of cerebral palsy

• Lost income for parents who must reduce work to provide care, and the child's loss of future earning capacity

• Families may need assistive technology for children with cerebral palsy to support communication, learning, and daily living

Economic damages in cerebral palsy cases often reach millions over a lifetime. Families can seek compensation for therapy and medical costs that will continue throughout their child's life. Families can seek economic damages with no statutory cap in most jurisdictions.

Noneconomic damages may include:

• Pain and suffering experienced by the child

• Emotional distress and loss of enjoyment of life

• Loss of consortium or relationship impacts on the family in severe cases

New Mexico's Medical Malpractice Act caps non-economic damages at $750,000 in many cases. By comparison, Maryland caps noneconomic damages at $920,000 for 2026 claims, and that cap increases by $15,000 each January 1st. Maryland allows recovery of economic damages with no cap. These differences underscore why families need a lawyer familiar with their own state's rules.

Specialized economic and life-care planning experts are often used to project a child's lifetime needs. Every case is different, and Shekter Rosete Law, PC builds a customized damages picture based on the child's condition, prognosis, and future care requirements.

How Shekter Rosete Law, PC Investigates Cerebral Palsy Caused by Medical Negligence

Cerebral palsy cases are complex and require careful, detailed investigation. Shekter Rosete Law, PC handles these cases on a contingency-fee basis, which means there is no attorney fee unless the firm recovers financial compensation for your family.

Here is how the process typically works:

1. Free consultation. The firm listens to your family's story, identifies potential red flags in the pregnancy labor, delivery, and newborn period, and evaluates whether a claim may exist.

2. Gathering records. The legal team obtains and reviews complete medical records from OB/GYNs, hospitals, NICUs, pediatricians, and therapists across New Mexico.

3. Independent medical expert review. The firm works with medical experts in obstetrics, neonatology, neurology, and radiology to determine whether the standard of care was breached and how the cerebral palsy was likely caused.

4. Evidence analysis. Fetal monitoring strips, Apgar scores, cord blood gases, imaging studies, and lab results are analyzed for evidence of avoidable brain damage.

5. Litigation. If experts support the case, the firm prepares and files a birth injury lawsuit, handles discovery, depositions, settlement negotiations, and, when necessary, trial.

Founding partners Jamison Shekter and Mixcoatl "Mish" Miera-Rosete are experienced New Mexico trial lawyers who have handled complex medical malpractice, birth injury, and catastrophic injury cases throughout the state. The legal team keeps families informed at every step and shoulders the legal burden so parents can focus on caring for their child.

Serving Families Across Albuquerque and All of New Mexico

Shekter Rosete Law, PC is based in Albuquerque but represents cerebral palsy and birth injury clients across New Mexico, including both urban and rural communities.

The firm commonly helps families affected by birth injuries in:

• Albuquerque, Rio Rancho, and Santa Fe

• Las Cruces and surrounding Doña Ana County

• Roswell, Hobbs, and other communities in southeastern New Mexico

• Farmington and other Four Corners area cities

• Taos and communities across northern New Mexico

The firm routinely reviews cerebral palsy cases involving hospitals, clinics, and other healthcare facilities across the state, including both private and government-run medical facilities. Consultations can be conducted by phone, video, or in person, making it easier for families anywhere in New Mexico to access an experienced cerebral palsy lawyer.

Why Choose Shekter Rosete Law, PC for a Cerebral Palsy Birth Injury Case?

Families facing a cerebral palsy diagnosis need a legal team that understands both the medicine and the law. Shekter Rosete Law, PC brings focused experience in serious injury and medical malpractice to every birth injury case.

• Serious injury and medical malpractice focus. The firm handles cases involving brain injury, birth injuries, hospital negligence, nursing mistakes, and wrongful death cases day in and day out.

• Trial-ready approach. Partners Jamison Shekter and Mish Miera-Rosete prepare every case as if it may go to trial. That approach strengthens negotiation positions with insurers and hospital defense teams.

• Client-centered representation. Clear communication, honest case evaluations, and regular updates ensure families affected by cerebral palsy understand their options and case status.

• Resource access. The firm maintains relationships with trusted medical experts, life care planners, and economists who can accurately project the lifetime costs of cerebral palsy.

• Contingency fee. No hourly fees and no attorney fee unless the firm recovers financial support for your family.

Learn how the firm can help your family by calling (505) 216-2510 or requesting a free case review online at shekterlaw.com.

What to Do If You Suspect Your Child's Cerebral Palsy Was Caused by Malpractice

If you believe medical mistakes may have contributed to your child's cerebral palsy, taking deliberate steps now can protect your family's rights and strengthen a potential cerebral palsy claim.

• Gather documentation. Collect prenatal records, labor and delivery records, NICU and pediatric records, imaging reports (MRI, CT), and any notes you kept about what you were told at the hospital.

• Track your child's diagnosis and treatment. Keep a folder of evaluations from neurologists, developmental pediatricians, and therapists confirming cerebral palsy and noting developmental delays.

• Avoid signing liability releases. Do not sign any documents from hospitals or insurers that waive your legal rights without first speaking to an attorney.

• Write down your recollection. Create a timeline of pregnancy, labor or delivery, and early infancy, including anything that seemed unusual or frightening at the time.

• Consult a qualified New Mexico birth injury attorney. Schedule a free review with Shekter Rosete Law, PC as early as possible to preserve evidence and meet legal deadlines.

You do not need to know whether malpractice occurred before reaching out. Determining whether negligence caused the cerebral palsy is part of the firm's job. Early intervention by a legal team can make a significant difference in the strength of your case.

Call (505) 216-2510 now or send a confidential message through our contact page to begin the evaluation process.

Other Shekter Rosete Law, PC Practice Areas That May Relate to Your Case

Families coping with cerebral palsy often face additional legal issues beyond the birth injury claim itself. Shekter Rosete Law, PC offers several practice areas that may intersect:

• Medical malpractice: Includes surgical malpractice, failure to diagnose, emergency room misdiagnosis, hospital negligence, and other errors by medical providers that may affect mothers and children before and after delivery.

• Personal injury and catastrophic injury: Addresses severe brain damage and lifelong disabilities from non-medical incidents that may affect other family members.

• Wrongful death: May apply if a preventable birth injury or related complication led to the tragic loss of a mother or child. The firm handles wrongful death cases across New Mexico.

• Insurance bad faith: Helps when health, disability, or liability insurers wrongfully deny or delay paying benefits needed to care for a child with cerebral palsy. Ongoing medical care should never be held hostage by an insurer acting in bad faith.

• Nursing home injury and abuse / Civil rights: While these areas usually involve different fact patterns, the firm's trial skills and experience against large institutions are directly relevant to taking on hospitals and other healthcare facilities.

Frequently Asked Questions About Cerebral Palsy and Medical Malpractice in New Mexico

Does cerebral palsy always mean there was a birth injury or malpractice?

No. Cerebral palsy does not always result from a birth injury, and even when a birth injury occurred, it is not automatically malpractice. In fact, 85–90% of cerebral palsy cases are congenital, present at birth, and many are linked to factors like prematurity, maternal health conditions, or genetics rather than medical errors. However, some cases are clearly associated with preventable events like oxygen deprivation or untreated infection. Determining whether malpractice occurred requires a careful review of both medical facts and New Mexico legal standards by experienced attorneys and independent medical experts. Babies born with cerebral palsy risk factors deserve thorough evaluation, but the presence of CP alone does not prove negligence.

When will I know if my baby's brain damage will lead to cerebral palsy?

Some infants show serious signs immediately after birth, such as HIE, seizures, or abnormal imaging, but a formal cerebral palsy diagnosis often comes months or years later as developmental delays become apparent. Early red flags may include difficulty controlling the head and neck, stiff or floppy tone, missed milestones like sitting or walking, or persistent feeding problems. Neurological symptoms may evolve as the child grows. Parents should seek early evaluation from pediatric neurologists and developmental specialists and should consult a cerebral palsy lawyer about possible malpractice even before a final diagnosis if they suspect avoidable brain damage. Proper medical attention early on can help address risk factors and improve the child's life outcomes.

How long does a cerebral palsy birth injury lawsuit take in New Mexico?

There is no fixed timeline. Many cerebral palsy lawsuits take one to three years or more, depending on case complexity, court schedules, and whether the case settles or goes to trial. The process usually includes investigation, filing, discovery, expert exchanges, negotiations, and potentially a jury trial. Birth injury cases involving severe injury and complex medical evidence often require more time to build properly. Shekter Rosete Law, PC manages procedural steps and deadlines, updates clients regularly, and works to move cases forward as efficiently as possible while building the strongest case.

Will I have to go to court if I file a cerebral palsy claim?

Many New Mexico birth injury claims settle before trial, but there is never a guarantee. Some cases proceed to court when liability or damages are strongly disputed by hospitals or their insurers. Shekter Rosete Law, PC prepares every case as if it could go to trial, which often improves settlement leverage. If a trial becomes necessary, the attorneys thoroughly prepare the family, minimize stress where possible, and handle courtroom strategy and presentation. The firm's trial-ready approach is one reason other medical professionals and defense teams take their cases seriously.

How can I speak with a New Mexico cerebral palsy lawyer about my child's case?

Parents can contact Shekter Rosete Law, PC for a free, confidential consultation by calling (505) 216-2510. You can also send a secure message and request a callback through the firm's online contact form. The firm represents families throughout New Mexico and works on a contingency fee basis, so there are no attorney fees unless compensation is recovered. Your child's life and future care are too important to leave to chance. Reach out today to find out whether your family has a case.