Española Birth Injury Lawyer

Española Birth Injury Attorney

If you or your newborn suffered a birth injury in Española, a birth injury lawyer is available to help you fight for compensation for your damages. Getting legal counsel is essential to ensuring your family gets the justice and compensation they are due because these injuries can have long-lasting effects.

About Egolf + Ferlic + Martinez, LLC

At Egolf + Ferlic + Martinez, LLC, our firm has the resources of a big firm, but with the personal attention of a small one. Our compassionate lawyers are committed to standing up for families that have been affected by a birth injury. We work hard to protect your rights and obtain the compensation you deserve.

In Española and Northern New Mexico, our attorneys represent families who have sustained an injury during birth. Our exceptional legal team is well-versed in local hospitals, delivery practices, and healthcare professionals, which can aid in developing a strong case.

We are also familiar with the workings of the local courts at the Rio Arriba County Courthouse, including the procedures for filing and hearings, along with managing key deadlines, which helps ensure that your case has the greatest chance for a positive outcome.

Understanding Birth Injury Laws in New Mexico

New Mexico laws are designed to ensure that patients are not harmed by the negligence of medical professionals during labor and delivery. When an injury occurs as a result of a medical provider’s action, inaction, or failure to inform, the patient’s family can file a claim in order to be compensated for medical bills, therapy, and any long-term or future care that is required.

State statutes require that all submitted claims follow specific rules and regulations. One important factor in the filing of claims is the statute of limitations, which in the state of New Mexico is generally three years from the date of the injury or the date of discovery. An Española birth injury attorney can advise families on how to file claims properly and in a timely manner.

Common Causes and Types of Birth Injuries

When an injury occurs as a result of a medical provider’s action, inaction, or failure to inform, the patient’s family can file a claim in order to be compensated for the following:

• Medical bills
• Therapy
• Long-term care
• Pain and suffering
• Punitive damages, if professionals acted especially negligently or with malice

Birth injuries can happen for a number of reasons, including a delayed C-section, not using delivery tools correctly, failing to monitor signs of fetal distress, and other forms of negligence during labor. Even small errors in monitoring or communication can have a big impact on a newborn.

Birth injuries are often the cause of conditions such as cerebral palsy, which results from oxygen deprivation, nerve injuries like Erb’s palsy, bone fractures during labor, and brain damage, including hypoxic-ischemic encephalopathy (“HIE”).

Filing a Birth Injury Claim

The process for filing a birth injury claim will typically start with an investigation of the medical records and circumstances of the birth. After your attorney has collected evidence and spoken with medical experts, the claim can be filed. While many of these cases are settled through negotiations with insurance companies, some cases will need to go to trial. The majority of birth injury claims in Española are filed and litigated in the Rio Arriba County Courthouse.

Hire a Birth Injury Lawyer

There are approximately 30,000 birth injuries a year in the country, or as many as seven out of every 1,000 births. Birth injury cases are inherently complex, both medically and legally. A qualified birth injury attorney can thoroughly investigate the circumstances surrounding the child’s birth and hire medical professionals to explain the issues to the court.

Your attorney can also handle insurance negotiations and, if necessary, litigate the case in court. In short, a birth injury lawyer will handle every aspect of the case so that the family can focus on their family’s recovery.

FAQs

How Much Is a Birth Injury Settlement?

A birth injury settlement can vary widely depending on several factors, such as the severity of the injury, the long-term medical needs of the baby or mother, and the degree of negligence involved. Typically, minor injuries will yield lower settlements, while serious injuries requiring lifelong recovery will be significantly higher.

What Should I Not Say to an Injury Lawyer?

When speaking with an injury lawyer, you should not say anything that is a lie or misleading. Do not downplay your injuries and do not exaggerate them. A lawyer will need the facts to build a claim, so be truthful in what you say and provide the information that you know.

How Long Do You Have to File a Claim for a Birth Injury?

In New Mexico, the statute of limitations for most medical malpractice cases, including birth injuries, is generally three years from the date of the injury or the discovery of the harm. However, in the case of children, the statute of limitations may be extended, providing parents with more time to file a claim. Since these deadlines can vary depending on the specific circumstances, it is important to consult with a knowledgeable attorney.

Can I File a Claim for a Traumatic Birth?

Yes, you may file a claim for a traumatic birth if medical negligence or malpractice caused the traumatic birth. Traumatic births may include delayed intervention or improper use of forceps or vacuums. Doctors may also be negligent by not responding to fetal distress. If negligent behavior caused your physical and emotional injuries, contact a birth injury attorney to file a claim for compensation.

Contact Egolf + Ferlic + Martinez, LLC

If your baby suffered birth injuries, hire a lawyer with Egolf + Ferlic + Martinez, LLC to hold the wrongdoer accountable. Contact us today for more information.