Birth Injury Lawyer in New Mexico

Birth injuries refer to harm that happens to a baby because of complications during delivery. Many times, birth injuries are not the result of medical malpractice. Birth injury cases are especially complex and require extensive evaluation by trained experts to even begin to piece together who might be responsible and what should have been done to keep your baby healthy and safe.  It is critical to hire the very best lawyers with experience and access to high level doctors and medical experts to help evaluate and prove your case. When a serious birth injury is the result of medical malpractice or bad medicine, potentially responsible and negligent parties include:

• Doctors
• Other hospital staff
• Faulty medical equipment manufacturers

When medical errors happen, they can increase the severity of a birth injury. If you need a birth injury lawyer in Albuquerque, NM, consider The Spence Law Firm.
 

Birth injuries happen for a variety of reasons. These can include things like a mother’s illness or pre-existing condition or medical negligence. When a delivery is complicated, quick thinking is required by the attending doctor and nurses. An inappropriate or slow response can result in catastrophe.

Common medical errors that can happen during delivery include:

• Lack of response to delivery complications
• Failure to notice or treat excessive bleeding
• Failure to notice umbilical cord complications
• Waiting too long to start a necessary Cesarean section
• Lack of response to fetal distress
• Improper use of forceps or vacuum extractors during delivery
• Misuse of Pitocin, a hormone used to cause labor
• Post-birth mistakes

Doctors and nurses must recognize difficulties and take swift action. Not doing so can cause severe injuries to the baby. A birth injury lawyer will help hold negligent parties responsible.

Birth injuries are always heartbreaking, but negligence that causes harm to a mother and her new baby seems especially cruel. If you and your baby were injured because of a medical professional’s careless actions, you can sue separately.

We will help you seek every dollar of compensation you may deserve. We may also be able to set up a trust to make sure your child’s future medical needs are covered.

Our birth injury lawyers in Albuquerque will help you pursue compensation for the following damages:

• Current and future medical expenses
• Loss of income
• Pain and suffering
• Permanent disability
• Wrongful death

The birth injury attorneys at The Spence Law Firm have extensive experience with all kinds of infant malpractice claims. We know how someone else’s negligence can devastate your family and alter your present life and the life you have envisioned.

New Mexico Statute of Limitations for Birth Injury Lawsuits

Under New Mexico law, victims of medical malpractice have three years after the date the malpractice occurred to file a lawsuit. When the harm involves a child, then the parents or guardians have until the child turns nine years old to initiate a suit.

If legal action isn’t filed in time, there will be no means to recover any damages for a birth injury. A birth injury attorney can help you understand how these statutes may affect you.

New Mexico Medical Review Commission

Filing a birth injury lawsuit in Albuquerque follows a different process than most other personal injury litigation.

Before filing a medical malpractice lawsuit, you must fill out an application with the New Mexico Medical Board. This application includes a brief statement of the facts of the case and gives the board authorization to obtain all of the related hospital and medical records.  Our team at the Spence Law Firm will guide you through this process and handle the legal hurdles so you can focus on caring for your family.

There will be a hearing in front of the commission within 60 days following the submission of the application. Each side has the opportunity to present their arguments using the same kind of evidence that might be used in court.

Regardless of how the commission rules, you can file a lawsuit. When the board rules in your favor, the defendant may be more motivated to settle the case.