Albuquerque, New Mexico Birth Injury Lawyer

The law does not differentiate between birth defects and birth injuries. If your child is born with an abnormality, your doctor may call it a birth defect. However, this implies that the abnormality was not preventable. Sometimes, what the doctor calls a birth defect may be a preventable birth injury.

To recover damages for any abnormality, you must establish causation between a health care provider’s actions and the injury or defect. If you are successful, it does not matter what your doctor calls it–it is a birth injury.

If your child is born with any abnormality that your doctor calls a birth defect, contact our birth injury attorneys in New Mexico as soon as possible. It could be an attempt to cover up an injury.

In the tragic event of the baby’s death due to medical errors, you have the right to sue for your financial losses and your child’s pain and suffering. Financial losses may include medical expenses, burial expenses, and lost wages. You may also be eligible to pursue punitive damages if you can prove aggravating circumstances gave rise to the child’s death.

Parents must generally file a birth injury lawsuit for their losses within three years of the date the doctor committed the error. If the injury is discovered later, you generally have three years after the date you discovered or should have discovered the injury.

A lawsuit on the child’s behalf must be filed within nine years. A parent can generally act as the child’s representative and file the claim on the child’s behalf.

If a birth injury leads to the death of either the mother or the child, the statute of limitations gives parents up to three years after the death to file a wrongful death lawsuit.

Compensation for a birth injury is highly individualized because every case is unique. Numerous factors influence your compensation, including the severity of the injury, whether the injury resulted in death, the degree of pain and suffering involved, and the lifetime financial costs of the injury. Our Albuquerque birth injury attorneys will thoroughly investigate your injuries and calculate your claim value based on your circumstances.

Yes. We charge no upfront fees, and you only pay us if we successfully recover compensation for you. Our fee is a percentage of your settlement or verdict, which we will disclose to you upfront when we accept your case.

Birth malpractice occurs when a health care provider fails to provide a reasonable standard of care during pregnancy, during birth, or shortly after birth, and the mother or child suffers harm as a result.

A birth injury occurs when a mother or child suffers harm during pregnancy, labor, delivery, or shortly after birth. Not all birth injuries result from malpractice, but many do. If you or your child has suffered a birth injury, contact a knowledgeable birth injury attorney as soon as possible. Medical negligence is not always obvious. An attorney can determine whether medical negligence played a role and who is liable.

Birth injuries can occur when the mother develops a health condition that impacts her or the fetus, the mother receives medication during pregnancy that is unsafe for the fetus, or complications arise during childbirth. The most common birth complications include oxygen deprivation, shoulder dystocia, and injuries caused by forceps and vacuum extraction. These injuries are almost always preventable with competent decision-making by health care providers.

To prove medical malpractice, you must establish a health care provider’s failure to adhere to a reasonable standard of care caused the injury. You will need testimony from eyewitnesses, medical experts, child development specialists, and others. Our Albuquerque, NM, birth injury lawyers will investigate your claim and gather the information for you so you can focus on your family and recovery.

Any health care provider whose failure to exercise a reasonable standard of care contributed to the injuries can be held liable, including doctors, nurses, midwives, hospitals, birthing centers, pathologists, pharmacists, and laboratories.