Nothing is more important than your baby’s health and happiness. When a child is injured at birth because of a preventable mistake or failure to diagnose, the consequences can be devastating and can have life-long repercussions for your child and your entire family.
Instead of trying to manage taking legal action on your own, you should be seeking the legal help of a compassionate New Mexico birth injury attorney who will fight for you and your child. We will protect your rights under the law and get you the support you need to help your baby.
For a free legal consultation, call 1-800-222-9529
What a New Mexico Birth Injury Lawyer Can Do for Your Family
As you focus on your child’s rehabilitation, a birth injury attorney will handle the legal side of things. This includes:
- Answering any questions you have about your case during a free case review
- Speaking with qualified medical professionals to obtain their opinion regarding any negligence that possibly contributed to that injury
- Collecting any direct evidence by the defendant in your case
- Making you aware of any settlement offers before the trial begins
- In the case of a trial, putting forth an evidence-based case for compensation
- Defending your and your child’s rights to privacy
Your doctors, nurses, and the institutions that employ them owed you and your child a reasonable right to safety. A birth injury lawyer will help you investigate where exactly they fell short.
Birth Injury Lawyer Near Me 1-800-222-9529
Damages Available in a Birth Injury Lawsuit
Damages in a medical malpractice lawsuit include any, if not all, of the following for the child and the family:
- Physical and occupational therapy bills
- Medical expenses
- Lost wages
- Pain and suffering
- Mental anguish
- Future medical costs
A New Mexico birth injury lawyer will total up your economic and non-economic losses to use in settlement negotiations so you can get full compensation for your child’s injury.
Medical Malpractice Statute of Limitations in New Mexico
There are deadlines for filing a medical malpractice case in New Mexico. According to New Mexico Statute §41-5-13, you have three years from the date of the injury to take legal action against a healthcare professional or institute.
If you attempt to file your civil case past the three-year mark, the court will likely dismiss your case and you will not be able to pursue compensation. This three-year deadline does not apply to the following circumstances:
- Children under the age of six who have until their ninth birthday to file a claim.
- The defendant concealed the alleged negligence.
- The alleged negligence consisted of leaving a foreign object in the patient’s body.
- Both the injury and its cause aren’t known and couldn’t reasonably be discovered.
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Cost of a New Mexico Birth Injury Attorney
There can be added pressure on your finances from medical conditions that birth injuries can cause. Because of this, many birth injury lawyers in New Mexico do not require payments upfront. Instead of paying a sum of money before your case has begun, you do not have to pay anything unless you win compensation.
You can expect the contingency fee to range about 33% of your settlement or court award. Medical malpractice cases have a $600,000 limit on damages in the state of New Mexico.
Who You Can Sue in a New Mexico Birth Injury Lawsuit
There could be more than one party responsible for your child’s birth injury. You can sue the doctors, however, most doctors are considered independent contractors. Any legal action would most likely need to be brought against them directly rather than their place of work.
You can also hold licensed healthcare professionals such as nurses, nurse practitioners, physician’s assistants, and even the hospital liable. If a piece of equipment caused the injury, you can always file against those manufacturers as well.
Reach out to Birth Injury Lawyer Group for Help
At Birth Injury Lawyer Group, our lawyers can try to take away some of the stress that comes with legal decisions and go up against the individuals whose negligence caused your baby’s injuries.
We understand your family is trying to adjust to the lifestyle changes this injury may have caused and the extra attention your child may need. Let our team help. Get started with a free no-obligation, free consultation today.