New Mexico Birth Injury Lawyer
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A birth injury is an impairment caused by an “adverse event” during birth. It’s important to differentiate birth injuries from birth defects, which are usually caused by genetics or changes that happen early in the pregnancy.
In most cases, birth defects are unavoidable, but birth injuries are frequently caused by a doctor’s error during the birth. If your baby suffered a birth injury, you may be wondering whether the doctor who handled the delivery is at fault.
Could your child’s injury have been prevented? Did your doctor make a mistake that could have lifelong consequences for your child? How will you provide the additional care your baby needs? In addition to being plagued with questions, you might also have financial concerns. Many birth injuries require long-term treatment and assistance so the child can get all the help they need.
Your baby might benefit from physical or speech therapy, mobility devices, visits with specialists, and other care that your insurance may or may not cover. How can you ensure they receive the best care possible?
Table of Contents
- Our New Mexico Birth Injury Attorneys Can Help
- What Are the Causes of Birth Injury?
- Statute of Limitations for Birth Injury Claims
- What Damages Can You Seek in a Birth Injury Lawsuit?
- What Are the First Steps of a New Mexico Birth Injury Lawsuit?
- How Does New Mexico’s Patient Compensation Fund Work?
- Let Our New Mexico Birth Injury Law Firm Tell Your Story
Our New Mexico Birth Injury Attorneys Can Help
If your child has suffered a birth injury, we recommend speaking with a New Mexico personal injury lawyer who can review the circumstances of the birth injury. Should we find evidence that your doctor was negligent, leading to the injury, we can pursue compensation for your child’s medical costs and pain and suffering.
Contact Olson Personal Injury Lawyers for a free consultation about your birth injury concerns. We’ll answer your questions and discuss your options for recovering damages, and you have no obligation. If you want to move forward with our help, we won’t charge any fees until we win or settle your case, so you never need to worry about upfront expenses.
What Are the Causes of Birth Injury?
There are multiple ways a birth injury can happen, but here are several of the most common causes and the reasons behind them:
- Oxygen depravation: When a baby is deprived of oxygen during delivery, it can lead to brain damage, including hypoxic-ischemic encephalopathy (HIE). This condition may not be immediately apparent, but developmental delays or conditions like cerebral palsy can emerge over time. In some cases, signs appear in infancy, while others may not be diagnosed until age two or older. If a doctor fails to act quickly to protect the baby’s oxygen supply during a complicated delivery, their negligence may have contributed to the injury.
- Trauma during delivery: Birth trauma can result from excessive force or improper use of tools like forceps or vacuum extraction. While minor bruising or bleeding is common, serious errors can lead to brain bleeding, nerve damage, or fractures. Shoulder dystocia, where the baby’s shoulder becomes stuck, may cause Brachial Palsy, leading to arm weakness or paralysis. Facial paralysis can also occur due to pressure on the facial nerve, sometimes requiring surgery.
- Failure to diagnose complications: Doctors must recognize and address conditions that could complicate delivery. Failure to diagnose pregnancy-related risks can increase the likelihood of early labor, difficult deliveries, and birth injuries. Poor post-birth monitoring can also worsen conditions like jaundice, which, if untreated, may lead to Kernicterus, a form of brain damage. Proper testing and timely intervention are critical to preventing severe outcomes.
- Maternal injuries and medical malpractice: Negligent prenatal and delivery care can also result in maternal injuries. Untreated preeclampsia may cause organ damage or stroke, while surgical errors during C-sections, such as leaving instruments inside the body, can lead to long-term complications. Other serious injuries include severe tearing, pelvic fractures, and PTSD from traumatic births. If a doctor failed to take necessary precautions or provide appropriate treatment, they may be liable for medical malpractice.
Statute of Limitations for Birth Injury Claims
New Mexico typically allows three years to file a medical malpractice claim from the date of the injury, but there are some exceptions for injured minors. In most cases, a medical malpractice lawsuit can be filed for up to one year after the child turns 18. However, birth injury claims must be filed by the time the child turns nine years old, or sooner, depending on when the child is diagnosed.
However, a lawsuit can take time, and your attorney will need to investigate the facts and gather evidence. If you suspect your child has delays or other signs of a birth injury, please seek medical care for them right away and discuss your concerns about the birth with an attorney as soon as possible.
What Damages Can You Seek in a Birth Injury Lawsuit?
Many economic and non-economic damages may accompany a birth injury. Your attorney will discuss each of them in detail so they can calculate how much your total claim should be.
Here are some damages you might have:
Medical Expenses
In the case of a birth injury, these can go well beyond the bills from the birth itself. You or your child may need extended care, including a possible stay in the NICU if your baby suffered a severe injury.
In other cases, the child may not be diagnosed until later and may then require various therapies to help them regain lost functions. Even pursuing a diagnosis can involve multiple costly tests and appointments with specialists.
Some birth injuries result in permanent disabilities, and in severe cases, the child may need lifelong care. Others will need mobility devices that must be replaced periodically and are often expensive.
Children with Cerebral Palsy, for example, often benefit from orthotics meant to help them walk or move around. These might include walkers, braces, foot orthotics, standers, gait trainers, or specialized wheelchairs.
While these devices can wear out with use, they may also need to be replaced simply because the child outgrew them. Meanwhile, health insurance doesn’t always cover these devices or might not cover them in full.
Lost Income
Although babies don’t typically have income, lost income can still be relevant in several ways:
- In the case of severe, permanent disabilities, the child may be unable to work or earn income as an adult. If so, the settlement should include damages to compensate for this loss and allow funding for the child’s care later in life.
- Sometimes, a child with a birth injury requires specialized medical care that a standard daycare or nanny can’t provide. A properly trained caregiver is often challenging to find and costs significantly more than typical childcare costs. As a result, one parent may have to quit their job and be a stay-at-home parent, reducing the family’s income.
If we identify either of these situations, we’ll work to recover damages to replace the lost income.
Additional Education or Childcare Costs
Some parents find that the special education program at their child’s public school does not adequately support the child’s needs. Although special education teachers work hard to help each student, they may have multiple children who need assistance each day alongside limited time and resources.
When this occurs, parents may want to hire tutors, place the child in a school that caters specifically to their needs, or find other ways to supplement the student’s education. Unfortunately, this can add to the family’s educational costs, and some parents simply can’t afford it.
As discussed in the previous section, childcare costs often increase for children with significant disabilities or health issues. Hiring a caregiver who is trained to handle complex medical needs, even for one day, can be prohibitively expensive for many families.
Your attorney will work to ensure you receive enough compensation to address educational and childcare costs related to the birth injury.
Disability or Loss of Bodily Functions
If your child has suffered a permanent physical or mental disability, they are entitled to compensation for this loss. Examples might include blindness, paraplegia, quadriplegia, intellectual disabilities, speech difficulties, and more.
What Are the First Steps of a New Mexico Birth Injury Lawsuit?
Your attorney will review your case and may investigate further. Before your consultation, we recommend obtaining copies of your medical records for reference. Many medical offices provide online patient portals for easy access, but if yours doesn’t, you can request records from the administrative staff without explaining why.
If we find evidence of medical negligence, we’ll gather additional records, review medical bills, and consult expert witnesses. Before filing a malpractice lawsuit in New Mexico, we must submit an “application for review” to the New Mexico Medical Review Commission (NMMRC). This application outlines the providers involved, treatment dates, and actions that may constitute malpractice. It also includes your consent for the Commission to review your medical records.
Within 60 days, the NMMRC assembles a panel of doctors and an attorney to determine whether there is substantial evidence of malpractice and if it likely caused harm. While the panel’s report cannot be used in court, a positive finding strengthens your case, helping you pursue compensation with confidence.
How Does New Mexico’s Patient Compensation Fund Work?
It’s somewhat easier to recover damages in a medical malpractice case in New Mexico than in many other states, largely due to the Patient Compensation Fund. This fund is supported by an annual surcharge that every physician in the state must pay.
When a medical malpractice case is resolved through settlement or a court ruling in favor of the plaintiff, the fund covers the bulk of the awarded damages. However, the physician involved in the lawsuit is responsible for the first $200,000 (usually paid by their malpractice insurance), and any amount beyond that is covered by the Patient Compensation Fund.
In some cases, this arrangement means that the defendant (the physician) is less likely to engage in prolonged legal battles to avoid liability, knowing that the Patient Compensation Fund will cover most of the damages if they lose the case. However, there are other reasons a doctor might want to fight a malpractice claim, such as keeping their malpractice insurance rates down and defending their reputation.
Regardless, your attorney will always fight for a fair settlement for you and your child.
Let Our New Mexico Birth Injury Law Firm Tell Your Story
If you believe that you or your child suffered a birth injury due to a healthcare provider’s negligence, Olson Personal Injury Lawyers is always available for a free consultation about your case. You can reach out to us anytime to learn more about your options for recovering damages.
We’ll explore the possibilities, answer your questions, and fight for your rights if you wish to proceed with a lawsuit. If we decide to represent you, there are no upfront fees—you won’t pay us anything until we achieve a successful outcome.
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