Birth Injury Lawyer in New Mexico
The birth of a baby is one of the happiest moments for a family. You never lose the memories of hearing your baby’s first cry, seeing their first smile, and watching them take their first steps.
When a baby is not born healthy, joy turns instantly to fear and uncertainty. Questions flood your mind about how and why this happened and what the future will be like for your family.
If you live in the Albuquerque area and think your baby may have been injured because of negligence or malpractice, we can help. The birth injury lawyers at The Spence Law Firm help families find answers and get justice.
What Is a
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:
- 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.
The Difference Between a Birth Injury and a Birth Defect
A birth defect and a birth injury are not the same. Injuries happen because of an action or lack of action by doctors and nurses during the labor and delivery process. Birth injuries may not always occur because of malpractice, but they often are causes for litigation.
A birth defect happens when there is a problem as your baby is developing in the womb. Generally, these are caused by genetics, prenatal choices by the mother, or environmental factors. Missing limbs, malformed hearts, and Down's syndrome are examples of birth defects. When they occur naturally, defects rarely lead to a lawsuit.
How Do Birth Injuries Happen?
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.
There are many forms of birth injury, but certain kinds appear more often because of trauma during delivery. Types of injuries that can result from medical malpractice or negligence include:
- Intracranial hemorrhaging, or bleeding in the baby’s head
- Spinal cord trauma
- Temporary paralysis
- Strep infections
- Skull fractures
- Soft tissue injuries
- Cerebral palsy
- Erb’s palsy
- Broken clavicles (collarbones)
If your baby was injured during childbirth, you might be entitled to compensation. The birth injury attorneys at The Spence Law Firm will discuss your situation and help you understand the legal options that may be available.
Compensation for Babies and Families
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.
Birth Injury Lawyer in Albuquerque, NM
The Spence Law Firm is nationally known for standing up for the rights of our clients. We put our skills, knowledge of the legal system, and extensive investigative resources to build a strong case. We will seek justice for you and your child in the hopes that similar incidents won’t happen again.
If you and your child have suffered harm and pain because of medical malpractice during labor and delivery, let a birth injury lawyer in Albuquerque at The Spence Law Firm help you. Contact us today for a free, no-obligation consultation and let us help you fight for the justice and compensation you deserve.