Las Cruces Birth Injury Lawyer

Q: How Much Is a Birth Injury Settlement in New Mexico?

Birth injury settlements in New Mexico vary based on factors such as the severity of the injury, current and future medical costs, and the long-term impact on the child and family. Permanent or lifelong conditions typically result in higher compensation. There is no cap on damages for current and future medical care in these cases.

Q: How Can You Prove a Birth Injury?

To prove a birth injury, you must establish that the healthcare provider owed a duty of care, breached that duty, and caused the injury as a result. You must also show evidence of damages, including medical expenses and other losses. Strong documentation and medical records are essential to support your claim.

Q: What Is the Hardest Element to Prove in a Medical Malpractice Case?

Causation is often the most difficult element to prove in a medical malpractice case. You must demonstrate that the provider’s negligence directly caused the injury or illness. Expert testimony from qualified medical professionals is typically required to establish this connection.

Q: How Long Do Birth Injury Cases Take to Settle?

The time to settle a birth injury case varies depending on the complexity of the case, the severity of the injuries, and whether liability is disputed. Cases involving long-term or permanent injuries may take longer. In New Mexico, birth injury claims must also go through the Medical Review Commission before a lawsuit can proceed, which can extend the timeline.

Q: How Long Do I Have to File a Birth Injury Claim in New Mexico?

In New Mexico, the statute of limitations depends on who was injured. Mothers generally have three years to file a claim under the Medical Malpractice Act. For children, a claim can typically be filed at any time before their 9th birthday, as some injuries may not be immediately apparent.

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Las Cruces Birth Injury Attorney

Welcoming an infant into your family after a long, and often difficult, pregnancy should be a time of joy. Unfortunately, if the child or mother experienced trauma before or during the birth, this joyous time could be spoiled by the necessity of handling a medical malpractice claim. A Las Cruces birth injury lawyer can help you navigate the complex requirements to file a birth injury claim in New Mexico.

Hire a Birth Injury Lawyer

When you need to hire a birth injury lawyer, you may worry that the added expense of an attorney is too much on top of the medical bills you are already experiencing. At the Branch Law Firm, we work on a contingency-fee basis, so you can get representation without worrying about any upfront fees. With over 50 years of experience, we understand birth injury laws and how to advocate for your interests.

Infant Mortality Rates and Birth Injury

Infant mortality rates are tracked by the U.S. Centers for Disease Control and Prevention and reported in the 2024 National Vital Statistics Report. During 2022, 20,577 infant deaths were reported throughout the United States, a 3% increase from 2021. The infant mortality rate was 5.61 per 1,000 live births. In New Mexico, the infant mortality rate was 5.88, slightly higher than the national average. The leading causes of infant death include:

19.5% congenital malformations
14.0% short gestation and low birth weight
7.4% sudden infant death syndrome
6.6% unintentional injuries
5.9% maternal complications

If you or a loved one has experienced a birth injury in Las Cruces, you may have to file a civil claim before you receive fair compensation. This type of medical malpractice claim is heard in the Third Judicial District Court for Doña Ana County.

Steps to File a Birth Injury Claim

When you suspect that you, your child, or a loved one has suffered a birth injury, you should not delay in initiating the birth injury claim process. Several steps have to be completed before your claim can be filed. To begin the process, you should:

Consult with a Las Cruces birth injury attorney. The process of filing a birth injury claim is complex. An attorney can help you through the process and allow you more time to care for your family and yourself.
Medical review application. Unlike other types of personal injury claims, medical malpractice claims require the approval of the New Mexico Medical Review Commission before a civil claim can be filed. Your application should include a brief overview of the facts of your case and authorization for the commission to access relevant medical records.
Medical review hearing. Once the initial application is reviewed, a hearing is scheduled. Both sides attend the hearing and can present evidence. After each side presents, the commission decides whether there is substantial evidence indicating medical malpractice occurred.
File a civil claim in court. After the medical review hearing, you can file a civil claim. If the review was in your favor, it may be possible to negotiate a settlement outside of court. If the decision was not in your favor, you can still file a civil claim, but it may be more difficult to receive a favorable outcome.

FAQs

How Much Is a Birth Injury Settlement in New Mexico?

The amount awarded for a birth injury claim in New Mexico varies with several factors. The compensation awarded is determined by the actual medical costs and other damages suffered by the family, as well as the estimated cost of future medical needs. Conditions that are long-term or permanent result in larger settlement amounts than conditions that can improve over time. There is no limit to the amount that can be awarded for current and future medical care.

How Can You Prove a Birth Injury?

To prove a birth injury, you have to establish that the medical provider owed you or your child a duty of care. Then you have to show that they breached that duty of care. Next, you have to provide evidence that the breach of duty of care resulted in the injury or illness that occurred. Finally, you have to provide documentation demonstrating the economic and non-economic damages you suffered. Thorough documentation is essential throughout this process.

What Is the Hardest Element to Prove in a Medical Malpractice Case?

The hardest element to prove in a medical malpractice case is the requirement to establish causation between the negligence or carelessness of the healthcare provider and the resulting injury or illness. You have to demonstrate that the actions, or lack of action, by the healthcare provider directly caused the injury or illness. Expert testimony from healthcare providers with similar backgrounds can help prove causation.

How Long Do Birth Injury Cases Take to Settle?

How long it takes to settle a birth injury case depends on the specifics of the case. More complex cases take longer, as do cases where the injuries were severe or resulted in long-term or permanent disabilities. Cases also take longer if the healthcare facility disputes liability. Birth injury cases are considered a special type of medical malpractice, so they require an additional step: passing the New Mexico Medical Review Commission before a civil case can be filed.

How Long Do I Have to File a Birth Injury Claim in New Mexico?

When filing a birth injury claim in New Mexico, the amount of time you have to file depends on whether the mother or child was the injured party. For the mother, the New Mexico Medical Malpractice Act (N.M. Stat. Ann. § 41-5-13) allows three years to file a claim. For the child, a claim can be filed any time before their 9th birthday. In some cases, evidence of medical malpractice is not evident while the child is still an infant.

Contact the Branch Law Firm, Attorneys and Counselors at Law

When you fear that you, your child, or a loved one has been harmed due to the negligence or carelessness of a healthcare professional, you need strong legal representation. Being awarded compensation doesn’t reverse the damage that’s been done, but it can help you provide a better future for your child and family. Let our experienced legal team review your case. Contact the Branch Law Firm today to schedule your initial consultation.