Albuquerque Brachial Plexus Lawyer: Understanding Your Rights and Options in Medical Negligence Cases
Brachial plexus injuries can be devastating, particularly when they occur as a result of medical negligence. These injuries often affect newborns during childbirth but can also impact adults in various traumatic scenarios. The consequences are life-altering, ranging from partial to complete loss of movement and sensation in the arm. If you or your child has suffered a brachial plexus injury due to potential medical negligence, seeking the expertise of an Albuquerque brachial plexus lawyer is critical to understanding your rights and options under New Mexico law.
At Bowles Law Firm, we specialize in helping victims of medical malpractice obtain the compensation they deserve. Here’s what you need to know about brachial plexus injuries, your legal options, and how we can help you take action.
What is a Brachial Plexus Injury?
The brachial plexus is a network of nerves that runs from the spine through the shoulder, providing motion and sensation to the arm, hand, and fingers. When these nerves are damaged, it can lead to various conditions, including Erb’s palsy, Klumpke’s palsy, or other forms of paralysis and loss of sensation. This type of injury is particularly common in difficult childbirth situations but may also occur due to trauma, surgical complications, or improper medical handling.
How Medical Negligence Causes Brachial Plexus Injuries
Brachial plexus injuries related to medical negligence can result from various situations, most commonly during childbirth. In certain cases, a doctor’s failure to respond appropriately or employ safe medical practices can lead to nerve damage. Here are some examples of medical negligence that can cause a brachial plexus injury:
1. Excessive Force During Delivery: If the delivering physician or medical staff applies too much force to the baby’s head or neck during delivery, especially in cases of shoulder dystocia, this can lead to nerve damage.
2. Improper Use of Delivery Tools: Instruments like forceps or vacuum extractors must be used with precision. Improper or excessive use can injure the brachial plexus nerves.
3. Failure to Perform a C-Section: In cases where a C-section is medically advisable to avoid complications during birth, failure to perform one can increase the risk of brachial plexus injuries.
4. Inadequate Prenatal Care: Doctors should monitor potential risk factors that could lead to delivery complications, such as a large baby, gestational diabetes, or a breech position. Failure to do so can result in preventable injuries during childbirth.
How Do You Know if You Have a Case?
If you or your child has suffered a brachial plexus injury and you believe medical negligence may be to blame, an Albuquerque brachial plexus lawyer at Bowles Law Firm can help evaluate your case. Determining if you have a case involves analyzing several factors:
1. Existence of a Doctor-Patient Relationship
To bring forth a medical negligence claim, it must be established that a doctor-patient relationship existed. This means that the medical professional owed you or your child a duty of care, which is the foundation for any malpractice claim.
2. Negligence in Meeting the Standard of Care
New Mexico law requires that medical professionals follow established standards of care. If a doctor’s actions deviated from these standards — for example, by using excessive force during delivery or failing to recognize risk factors — it may constitute medical negligence.
3. Direct Link Between Negligence and Injury
You must demonstrate that the injury directly resulted from the medical provider’s actions (or inactions). This can often be established through medical records, expert testimony, and analysis by medical professionals experienced in reviewing brachial plexus cases.
4. Proof of Damages
For a medical malpractice claim to succeed, you must show that the brachial plexus injury has resulted in significant damages. These can include medical expenses, ongoing therapy, loss of future income, and pain and suffering. An experienced Albuquerque brachial plexus lawyer will help you compile all necessary documentation to substantiate these damages.
Pursuing Compensation for Brachial Plexus Injuries in New Mexico
In New Mexico, victims of medical malpractice have a right to pursue compensation for brachial plexus injuries caused by negligence. Compensation typically includes:
– Medical Expenses: Costs associated with hospital stays, surgeries, physical therapy, and any future medical care.
– Rehabilitation Costs: Expenses for necessary physical and occupational therapies.
– Pain and Suffering: Non-economic damages for the physical and emotional impact of the injury.
– Lost Wages and Future Earnings: Compensation for any loss of income due to the injury’s impact on the ability to work.
New Mexico law also has statutes of limitations for medical malpractice cases, which means there’s a limited time to file a claim. Working with a qualified **Albuquerque brachial plexus lawyer** can help ensure you meet all legal deadlines and requirements.
Key Considerations in New Mexico Brachial Plexus Cases
When pursuing a brachial plexus case in New Mexico, here are a few important points to keep in mind:
1. Statute of Limitations: The statute of limitations for filing a medical malpractice claim in New Mexico is generally three years from the date of the injury. However, there are exceptions for minors, which may allow more time to file in certain cases.
2. Comparative Negligence Rule: New Mexico follows a comparative negligence rule, meaning that the compensation may be reduced if the injured party is found partially at fault. However, in most brachial plexus injury cases, this typically doesn’t apply unless the injured party’s own actions contributed to the injury.
3. The Role of Expert Witnesses: Medical negligence cases often require expert witnesses to explain how the injury was caused and demonstrate that the medical provider deviated from the standard of care. Bowles Law Firm works with medical professionals who can help build a compelling case.
Why You Need an Albuquerque Brachial Plexus Lawyer
Brachial plexus injury cases are complex and require specialized knowledge of both medical and legal issues. At Bowles Law Firm, our legal team has extensive experience in handling medical malpractice cases in New Mexico. When you work with an Albuquerque brachial plexus lawyer from our team, you’ll have access to:
– Expert Guidance on New Mexico Medical Malpractice Law: We’ll help you understand your rights under state law, explain your options, and keep you informed throughout the process.
– Personalized Representation: No two cases are the same. We tailor our approach to your unique circumstances and work with medical experts to strengthen your claim.
– Compassionate Support: We know that a brachial plexus injury can impact every area of life, from physical capabilities to emotional well-being. We approach every case with the compassion and dedication it deserves.
Call (505) 217-2680 for Your Free Case Review from Bowles Law Firm
If you or a loved one is dealing with the aftermath of a brachial plexus injury due to suspected medical negligence, it’s crucial to seek legal assistance as soon as possible. At Bowles Law Firm, we offer a free case review to help you understand your options and guide you through the first steps of pursuing justice and compensation.
Call (505) 217-2680 today to schedule your free consultation with an experienced Albuquerque brachial plexus lawyer. Bring any relevant medical records to help us thoroughly review your case and determine the best path forward. We’re committed to providing the support, knowledge, and representation you need to protect your rights and seek the compensation you deserve.
