The birth of a child should be a momentous occasion filled with joy and celebration. If medical malpractice overshadows this precious moment and causes a birth injury, the parents can be left to deal with a heavy financial and emotional burden. At The Fine Law Firm, our medical malpractice attorneys in Las Cruces are here to make this burden lighter. Contact our birth injury lawyers in Las Cruces to find out how we can help you. Initial consultations are free.
Why We’re the Best Choice for Your Birth Injury Case
- We have experience. Combined, our attorneys have over 100 years of personal injury and medical malpractice law experience.
- The Fine Law Firm has been a trusted source of legal representation in the community since our founding in 1975.
- We understand the complex nature of birth injury cases and are prepared to go up against powerful medical providers in and out of the courtroom.
- Our team of attorneys has collected many multimillion-dollar case results for past clients. This includes a $2.2 million verdict for a case of prenatal malpractice.
- We are affordable. Our birth injury lawyers operate on a contingency fee basis, meaning no fees are charged if the case does not end in financial compensation for the client.
How a Birth Injury Lawyer in Las Cruces Can Help You
Birth injury claims in New Mexico involve layers of unique state laws and specialized legal knowledge. When you hire a lawyer, your family gains the peace of mind to concentrate on your child and healing, rather than having to deal with the legal side of things.
You can depend on an attorney to investigate the birth injury, collect medical records and other key evidence, consult with experts, and negotiate a fair and full settlement from an insurance provider on your behalf. If needed, a lawyer can file a birth injury lawsuit in Las Cruces in the pursuit of justice.
Common Types of Birth Injuries
A birth injury can refer to any injury sustained by an infant shortly before, during or right after birth. It can describe physical harm or bodily injury done to the baby during labor and delivery or in the minutes after the baby is born.
Birth injuries include:
- Head and scalp injuries
- Traumatic brain injuries
- Hypoxic brain injuries (lack of oxygen)
- Cephalohematoma (blood pooling under the scalp)
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy
- Spinal cord injuries
- Cuts and lacerations
- Brachial plexus injuries
- Nerve damage and paralysis
- Bruising and contusions
- Bone fractures
Some birth injuries heal on their own in a matter of weeks. Others affect a developing infant so gravely that the child will live with the consequences for life. Serious, catastrophic and permanent health conditions caused by birth injuries deserve legal attention.
Understanding When a Birth Injury Is Medical Malpractice
Medical malpractice is a serious tort, or wrongdoing, that describes a medical practitioner or facility failing to adhere to the appropriate standards of care. Hospitals, birthing centers, and other entities responsible for maternal and neonatal care have high standards when it comes to treating patients. If their professional duty of care is not met, it is known as malpractice.
If an investigation into a serious birth injury finds evidence that the presiding doctor or health care center did something that a reasonably prudent professional would not have done in the same or similar circumstances, this can present grounds for a victim to file a medical malpractice claim in New Mexico.
A medical malpractice case requires evidence that a doctor-patient relationship existed between the defendant and the injured infant, that the defendant breached his or her professional duty of care, and that this lapse caused the birth injury. Legal guidance can be crucial for proving and establishing these arguments.
Medical Negligence and Birth Injuries in Las Cruces
Not all birth injuries are a sign of malpractice. However, thousands of mistakes during labor and delivery occur every year, resulting in preventable child injuries.
Common types of medical malpractice behind birth injuries include:
- Failure to detect or treat a maternal infection or health condition
- Failure to properly handle pregnancy complications
- Misuse of forceps or vacuums
- Inadequate fetal monitoring during labor and delivery
- Failure to manage shoulder dystocia properly
- Delayed C-section
- Medication mistakes during pregnancy or delivery
- Epidural errors
- Incompetent handling of an infant
When you contact The Fine Law Firm, we can conduct a comprehensive investigation into your child’s difficult birth to search for signs and evidence of malpractice. We can hire highly qualified medical and birthing experts, as well, to help prove your case.
How Much Is the Average Birth Injury Claim Worth in New Mexico?
Birth injuries can cause a lifetime of health problems, related medical care, special needs, and disability costs for the child and child’s family. The lifetime cost of a birth injury can enter the millions. This is why it is critical for families to work with experienced attorneys during the settlement negotiations process.
Your family may be eligible for compensation for:
- Existing and foreseeable medical costs
- Therapies and rehabilitation
- Special education
- Medical equipment
- Medications
- Disability accommodations
- Diminished enjoyment of life
- Lost future wages
- Pain and suffering
- Punitive damages, in some cases
Do not base the value of your case on an average amount you may find online. Case values vary significantly depending on birth injury severity and the circumstances surrounding each case. Instead, contact our lawyers for a personalized case review.
What Is the Statute of Limitations on a Birth Injury Lawsuit in Las Cruces?
It’s important to know that you have a time limit on filing a medical malpractice claim for a birth injury in New Mexico. Under the Medical Malpractice Act (New Mexico Statutes Annotated § 41-5-13), when medical malpractice injures a child under the age of six, the right to file a claim lasts until the child’s ninth birthday.
Even if you have years to pursue a claim, it is recommended that you take legal action as soon as possible. Filing a birth injury case early can ensure that important evidence remains available. There’s also a chance that your family has a shorter deadline. Lawsuits brought against state-owned or public hospitals, for example, have a time limit of 90 days for an initial notice and two years for a lawsuit
Contact Our Las Cruces Birth Injury Lawyers Today for a Free Consultation
A birth injury can be a highly distressing discovery for you and your family. At the Fine Law Firm, we want to make this difficult time a little easier. We can listen to your story and give you sound legal advice for what to do next. Call (505) 889-3463 for a free consultation in Las Cruces.