How Do You Prove Birth Injury in New Mexico?

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

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Sep 08, 2025

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Medical Malpractice

Although pregnancy, labor, and birth can be filled with excited anticipation, these experiences can turn into traumatic ones when someone suffers a birth injury. This is especially devastating when the birth injury is caused by a medical professional’s negligence. This may leave some wondering: how do you prove birth injury in New Mexico? The answer lies in being knowledgeable about birth injury laws in the state.

About Egolf + Ferlic + Martinez, LLC

Our lawyers at Egolf + Ferlic + Martinez, LLC blend “big firm” experience with individualized legal support. We are committed to successfully and compassionately representing clients, making sure that each case gets the consideration it deserves. By combining knowledge, devotion, and individualized attention, we assist families in dealing with challenging legal issues as they fight for their rights, as well as lasting results.

Understanding Birth Injury Laws in New Mexico

There are around 30,000 birth injuries per year in the United States.  Birth injury laws in New Mexico are meant to protect patients from being harmed during labor and delivery by the carelessness of medical professionals. When an injury is sustained due to a medical provider’s actions, inaction, or failure to warn the patient, the family of the patient can file a claim in order to be reimbursed for medical bills, therapy, and any long-term or future care that may be needed.

One important thing that families must keep in mind is the statute of limitations. The statute of limitations places a time limit on when a person can file a claim. Doing so past this time limit will see your case dismissed, no matter how strong your evidence is. In New Mexico, for birth injuries, a person generally has three years from the date of the injury or the date of discovery.

How To Prove Birth Injury

Proving a birth injury in New Mexico requires more than just stating that it happened. It requires extensive evidence, testimony, and documentable proof, as well as legal counsel, to build a strong case. Each case is unique, but establishing liability is at the heart of your case.

Gather Medical Records

The initial and most crucial step in proving a birth injury is obtaining detailed medical records. The documentation includes prenatal care records, as well as labor and delivery notes, and postnatal reports. These records serve to outline the standard of care delivered and any deviations from accepted practices.

Comprehensive documentation can demonstrate if healthcare providers adhered to standard practices or if failures in care led to the injury. A birth injury claim requires medical records to set up a critical timeline that demonstrates how the injury occurred.

Obtain Professional Medical Testimonies

Another way to prove a birth injury occurred is through expert testimony from medical professionals. A doctor who practices pediatrics, obstetrics, or another area of medicine could analyze the child’s medical records and the history of the delivery. The doctor would then be able to provide insight into the situation and decide if malpractice did or did not occur.

The doctor’s expert testimony could be critical in winning a settlement or trial. Their ability to break down the medical information in a manner that a judge and jury will understand is crucial.

Document the Impact of the Injury

To further prove a birth injury, the long-term impact on the child’s health and development must also be shown. Medical records can provide thorough documentation for ongoing treatments, therapies, and surgeries, which demonstrate both the injury severity and its impact on the child’s life.

Outside of just the medical effects, parents can track any delays in development and issues with mobility or cognition. The evidence serves to establish causation as well as assess damages while determining appropriate compensation in a birth injury case.

Hire a Birth Injury Lawyer

Seeking the services of a birth injury lawyer in New Mexico can significantly impact your case. A New Mexico injury attorney can help you navigate the complex medical and legal issues, gather evidence, and consult with medical professionals to build a strong claim. They can also communicate with insurance companies and represent you in court if necessary. Professional support enhances your chances of receiving fair compensation for your child’s injuries.

FAQs

How Do I Prove Birth Injury?

To prove birth injury, you must show, through evidence, that the medical professional’s actions or inactions caused your birth injury. This can involve gathering medical records and medical expert testimony that can attest to the fact that the professional deviated from the regular standard of care. You may also document your child’s needs and recruit witness testimonies to strengthen your claim.

What Qualifies as a Birth Injury?

A birth injury is any physical or mental harm inflicted or acquired by a baby during or shortly after childbirth. This is usually due to medical mistakes. Common injuries include bone fractures and brachial plexus injuries. These injuries usually result in long-term or even lifelong setbacks and require medical care.

How Much Is a Birth Injury Settlement?

The cost of a birth injury settlement will depend on the specifics of the case. Factors that are taken into consideration include the amount and cost of medical bills, the severity of the injury, its impact on the child’s quality of life, and the impact it has on the family (such as if one parent has to take extensive time off work and must be compensated for their missed wages).

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

In New Mexico, you typically have three years from the date of the injury, or from the time the injury was reasonably discovered. You must file within this timeframe because if you do so past the deadline, your case will be dismissed, even if you have strong evidence to prove that medical negligence occurred.

Contact Egolf + Ferlic + Martinez, LLC

If your child suffered a birth injury at the hands of a negligent medical professional, hire a birth injury lawyer at Egolf + Ferlic + Martinez, LLC right away. Contact us today for a consultation, and together we can begin to build a case to compensate you for a birth injury.