Albuquerque Birth Injury Lawyer
If you need an Albuquerque Birth injury lawyer contact Bowles Law Firm for your free case review.
Jason Bowles is highly experienced in these types of cases and is available now to review your case.
You can also call our office number 505-217-2680 if you need an Albuquerque birth injury lawyer or anywhere else in New Mexico.
Birth Injury and Medical Malpractice in New Mexico
Bringing a child into the world should be one of the most joyful moments in a family’s life. However, when medical negligence leads to a birth injury, this cherished experience can turn into a traumatic and heartbreaking situation. Birth injuries can have lifelong consequences, leaving families with emotional, financial, and medical challenges that they never expected. Understanding your legal rights in these cases is crucial, especially if you suspect that medical malpractice played a role in your child’s injury.
In New Mexico, birth injuries fall under the broader category of medical malpractice. If a healthcare provider’s negligence results in injury to a baby or the mother during childbirth, families may have grounds for a legal claim. The complexity of these cases and the high stakes involved make it essential to seek experienced legal counsel to ensure the best possible outcome.
Common Types of Birth Injuries Due to Medical Malpractice
Birth injuries can vary in severity and cause, ranging from minor and temporary conditions to lifelong disabilities. Some common birth injuries that could result in a medical malpractice lawsuit include:
1. Cerebral Palsy: Often caused by a lack of oxygen (hypoxia) to the baby’s brain during delivery, cerebral palsy can result in impaired muscle coordination and other disabilities. If a healthcare provider fails to monitor fetal distress or act quickly in the event of complications, they could be held liable.
2. Brachial Plexus Injury (Erb’s Palsy): This injury occurs when the network of nerves that control the arms and hands (the brachial plexus) is damaged during delivery. Excessive force or improper techniques during childbirth, particularly in cases of shoulder dystocia, can lead to permanent nerve damage, leaving the child with limited mobility or paralysis in the affected arm.
3. Fractures: In some deliveries, improper use of forceps or vacuum extraction tools can cause fractures to the baby’s collarbone or limbs. While some fractures heal with time, more serious cases may require surgery and ongoing medical treatment.
4. Hypoxic-Ischemic Encephalopathy (HIE): This condition occurs when the brain doesn’t receive enough oxygen and blood flow during birth. HIE can lead to permanent brain damage, cognitive impairments, and developmental delays.
5. Facial Nerve Damage: The improper use of forceps or prolonged pressure on the baby’s face during delivery can cause facial nerve damage, potentially leading to permanent disfigurement or paralysis.
Each of these injuries can have devastating effects on a child’s quality of life and place a significant burden on families. In cases where medical negligence is the cause, legal action may be the only way to secure the compensation needed for the child’s care and recovery.
Statute of Limitations for Birth Injury Cases in New Mexico
In New Mexico, there are strict timelines for filing medical malpractice claims, including those related to birth injuries. This is known as the statute of limitations. Under New Mexico law, you generally have **three years** from the date of the injury to file a medical malpractice lawsuit. However, there are some exceptions, especially for cases involving minors.
For birth injuries, the statute of limitations may be extended. If the victim is a minor, the statute is typically paused, or “tolled,” until the child reaches the age of nine. This means that in cases involving children younger than nine years old, the statute of limitations may not begin until the child turns nine, providing families with additional time to file a claim.
However, medical malpractice cases involving government-employed doctors or hospitals may fall under different rules due to sovereign immunity laws, where the filing window could be as short as two years. These legal nuances are one of the many reasons why having an experienced medical malpractice attorney is critical to ensure that your case is handled correctly and on time.
Potential Compensation in Birth Injury Cases In New Mexico
The compensation available in birth injury cases can be substantial, as these injuries often lead to long-term or lifelong medical care, specialized therapies, and adaptive equipment. Families may be entitled to compensation for:
– Medical expenses: This includes both past and future medical costs, including surgeries, hospital stays, rehabilitation, and specialized care.
– Pain and suffering: Families may seek compensation for the emotional distress caused by the injury and the impact it has had on the child’s and family’s quality of life.
– Lost wages or earning capacity: If the birth injury will prevent the child from working or will require a parent to leave work to provide full-time care, compensation for lost income may be sought.
– Other damages: In some cases, families may be entitled to compensation for modifications to their home, transportation needs, and ongoing medical support.
Each case is unique, and the amount of compensation available will depend on the specifics of the injury, the extent of the negligence, and the lifelong impact on the child and family. An experienced attorney will work to ensure that you receive the maximum compensation to cover the costs of caring for your child.
Why You Need an Experienced Medical Malpractice Lawyer In New Mexico
Birth injury cases are among the most complex types of medical malpractice claims. These cases often involve multiple parties, including obstetricians, nurses, and hospital staff, each of whom may be partially responsible for the injury. Additionally, proving medical negligence requires a thorough understanding of both medical and legal principles, as well as access to expert witnesses who can testify on behalf of the injured party.
An experienced medical malpractice attorney in Albuquerque will:
– Investigate the details of the injury, gathering medical records, witness statements, and expert opinions to build a strong case.
– Navigate complex legal procedures, ensuring that your case is filed within the statute of limitations and that all necessary documentation is submitted correctly.
– Negotiate with insurance companies and opposing counsel to seek a fair settlement that reflects the full extent of your child’s injuries and future needs.
– Represent you in court if a fair settlement cannot be reached, presenting compelling evidence and arguments to secure the best possible outcome for your family.
The stakes are simply too high to go through this process without the right legal representation. A skilled attorney with experience in birth injury cases will understand the intricacies of medical malpractice law and will fight to get you the compensation and justice your family deserves.
Call Bowles Law Firm for a Free Case Review
If you believe your child’s birth injury was caused by medical negligence, Bowles Law Firm is here to help. We understand the emotional and financial toll this can take on families, and we are committed to providing compassionate, skilled legal representation. Our experienced attorneys will review your case, help you understand your legal options, and work tirelessly to secure the compensation your family needs.
Call us today at (505) 217-2680 to schedule a free case review. Bring your medical records, and let us help you take the first step toward justice for your child.
Albuquerque Birth Injury Lawyer Jason Bowles is highly experienced in the legal field.
Attorney At Law Jason Bowles has 27 years experience as a federal prosecutor and private practitioner. He has been lead counsel in 88 trials in federal, state and military courts, both criminal and civil trials. Most recently, Mr. Bowles tried a medical malpractice case in state court in New Mexico, and achieved a multi-million dollar verdict for his client. Mr. Bowles has also handled over 40 appeals in state and federal courts in New Mexico, Texas and the District of Columbia
