Common Birth Injuries In Malpractice Claims
Birth injuries and complications can lead to permanent physical and cognitive disabilities, diseases, and other conditions. Some of the most common injuries we’ve seen in New Mexico birth injury cases include:
- Traumatic brain damage
- Learning disabilities and cognitive delays
- Cerebral palsy
- Erb’s palsy and other brachial plexus injuries
- Hypoxic-ischemic encephalopathy
- Wrongful infant death
Medical Negligence During Childbirth
Any medical malpractice claim is based on the concept of medical negligence. All medical professionals are required to provide treatment which meets the accepted standard of care for their profession. If a medical professional deviates from this standard of care by handling a medical situation differently than another similarly qualified professional would have, he or she may be considered medically negligent.
Medical negligence before, during, or shortly after childbirth can lead to serious birth injuries. Here are some common examples of medical negligence we’ve seen in birth injury malpractice lawsuits:
- Failure to properly plan for birth complications
- Failure to order a c-section which could have prevented injury
- Failure to diagnose a mother’s health condition, like high blood pressure
- Failure to identify or treat signs of fetal distress
- Errors while using vacuum extractors, forceps, or other delivery tools
If you have questions about how your child’s injury occurred, a birth injury lawyer can help by having the medical evidence of your case reviewed by a qualified medical expert. Taking legal action is often the only way to determine if a birth injury was caused by medical negligence.
Medical Malpractice Laws In New Mexico
You may be wondering how New Mexico medical malpractice laws may apply to your birth injury case. It’s good to be aware of these laws if you’re considering a lawsuit, but we suggest discussing the specific details of your case with an experienced New Mexico birth injury malpractice lawyer if you want to fully understand how they apply to your family’s case.
Statute Of Limitations
Like all other states, New Mexico has a time limit for filing a medical malpractice lawsuit. Determining when this time limit begins may be difficult, and depends on specific circumstances like when the injury occurred, when it was discovered, and the age of the injury victim.
It’s extremely important to make sure you take legal action within the statute of limitations. In any malpractice case, it’s important to speak with a lawyer as soon as possible if you’re considering a lawsuit.
Caps On Damages
New Mexico has a limit to the amount of financial compensation you can receive in a medical malpractice lawsuit. This limit only applies to noneconomic damages and is set at $600,000. Noneconomic damages include compensation for pain and suffering, loss of quality of life, and other similar losses without a fixed dollar amount. Economic damages, such as medical bills and lost wages, are uncapped and determined based on their direct costs.
In New Mexico, the amount of compensation one defendant must pay is limited to $200,000. Damages in excess of $200,000 are covered by the New Mexico Patient Compensation Fund.
Expert Witness Testimony
Having testimony from a medical expert is key for any medical malpractice claim. However, New Mexico does not have any rules or restrictions for expert witness testimony.
How Our Birth Injury Lawyers Help Victims
The parents and families of birth injury victims often have many questions. If you’re in this situation, you may be wondering if your child’s birth injury could have been prevented and how your family will give your child the support they need. Our experienced New Mexico birth injury malpractice lawyers are proud to help families like yours find answers and financial support through medical malpractice lawsuits.
Many families don’t have enough income to cover the costs of raising a child with a birth injury on their own. In cases where the injury only occurred because of medical negligence, it’s important to seek compensation for damages related to your injury. This is often the only way to afford the full support system a child with a severe birth injury needs.
We can help you learn more about your legal options in a free consultation, and only require payment if and when we help you secure financial compensation. Get in touch with us today to begin planning for your child’s future.