New Mexico Cerebral Palsy Lawyer

Cerebral palsy is one of the most common childhood disabilities in the United States, and this condition results from brain damage a baby sustains in the womb or during childbirth. While it is possible for cerebral palsy to manifest due to forces beyond anyone’s ability to predict or control, this condition commonly occurs because of negligence. In the case of the latter, the affected family needs to consult a New Mexico cerebral palsy lawyer as quickly as possible.

new mexico cerebral palsy lawyer

Compassionate Legal Counsel for Cerebral Palsy Claims in New Mexico

The Branch Law Firm has more than 40 years of professional experience representing victims of medical malpractice throughout the state. Our firm has successfully helped many past clients recover compensation for all types of medical malpractice, including many parents fighting for accountability on behalf of their children with cerebral palsy. This is a complex condition that can entail many challenges for the affected child and their parents.

Medical negligence can occur in many ways, from failure to diagnose a patient’s condition to failure to monitor patient vital signs during complex procedures. Medical negligence can involve any lack of reasonable care from a medical professional while treating their patient, and medical negligence becomes malpractice when it results in harm to the patient. Navigating any medical malpractice case successfully requires the help of a seasoned attorney.

While your medical malpractice suit is technically a form of personal injury claim, there are special rules that apply to medical malpractice claims that you must understand if you are to succeed with your legal efforts. An experienced New Mexico cerebral palsy lawyer is the ideal asset to have on your side in this situation. Your attorney can assist you in building a strong case while navigating the complex state statutes that apply to medical malpractice claims.

How to File a Medical Malpractice Suit for Cerebral Palsy in New Mexico

If you believe that medical malpractice caused your child’s cerebral palsy, it is vital to understand how a medical malpractice suit works compared to other personal injury cases one might file. You cannot proceed directly to file a suit against the medical professional you believe to be responsible for your child’s diagnosis. You must first undergo a formal hearing with the New Mexico Medical Review Commission.

The commission panel that holds your hearing will typically consist of three medical professionals and three attorneys licensed by the commission. The panel will consider arguments and evidence from both sides and attempt to answer two important questions. First, they must determine whether the claimant indeed experienced medical malpractice. Second, they must determine whether the malpractice caused significant harm to the claimant.

If the panel rules in favor of the claimant, the panel’s findings cannot be admitted into court if a medical malpractice suit is filed. The panel will, however, work directly with the claimant and their attorney to facilitate an expert witness who can provide supporting testimony for the claimant’s medical malpractice suit. Your attorney can advise you as to what type of expert witness you will need to locate to provide the testimony you need for your case.

In addition to meeting the Medical Review Commission panel requirement, you will also need to meet the statute of limitations for your medical malpractice suit. The standard statute of limitations for medical malpractice cases in the state is three years, starting on the date the malpractice occurred. However, this statute is flexible in some cases, such as when a child is injured at birth.

If a parent is filing a claim with respect to their child’s cerebral palsy diagnosis, the statute of limitations actually extends to one year past the child’s 18th birthday. This long time limit accounts for the fact that a childbirth injury such as cerebral palsy can cause extensive and unpredictable effects for the victim, some of which may not manifest for months or even years after the child is born.

How to Prove Cerebral Palsy Resulted From Medical Malpractice

Once you have an experienced New Mexico cerebral palsy lawyer assist you with understanding the procedural requirements of your case, you will need to gather extensive evidence to support your claim. The central issue of almost every medical malpractice suit filed is the standard of care that the patient should have received in the situation. The standard of care is the level of treatment they require in that medical situation.

A medical professional may deviate from an established standard of care only if the typical course of treatment is ineffective or dangerous for the patient due to their unique medical characteristics. However, it is possible for a medical professional to fail to meet their patient’s standard of care due to negligence. Cerebral palsy can easily result from many types of negligence during childbirth procedures.

Cerebral palsy occurs from brain damage. During childbirth, it is possible for a negligent medical professional to cause cerebral palsy to the newborn before or during delivery. Failure to address a tangled umbilical cord, failure to recognize signs of fetal distress, failure to monitor patient vital signs, and inappropriate physical technique when extracting the baby from the birth canal are all potential causes of cerebral palsy.

One of the most challenging aspects of diagnosing and treating cerebral palsy is the fact that the condition presents unique symptoms in almost every patient who has it. It’s possible for a child to display virtually no noticeable symptoms at first, but months or even years after birth, their condition becomes more noticeable as they fail to meet typical developmental milestones or display other signs of impairment from their condition.

Some children are left profoundly disabled by cerebral palsy, experiencing a wide range of physical, intellectual, social, and developmental delays that interfere with their ability to enjoy a typical childhood. Many of these children require constant in-home medical care, special education, and various other support services for years or even for the rest of their lives. This is not only emotionally difficult for the family but also financially straining.

Recovering Compensation for a New Mexico Cerebral Palsy Claim

Your New Mexico cerebral palsy lawyer can help develop a comprehensive and compelling civil claim, meet the procedural requirements for your case, and guide you through the state’s Medical Review Commission panel hearing process. Once you are able to proceed with your suit against the defendant, you will be able to claim compensation for the damages your family experienced because of their malpractice.

New Mexico state law enforces limitations on damages in medical malpractice suits, but only to a certain extent. While the amount of compensation the family may claim for lost wages and pain and suffering will be limited, there is no cap when it comes to medical treatment costs. This means that all your family’s medical expenses related to the cerebral palsy diagnosis are eligible for compensation with no upper limit.

Medical expenses you may be able to claim with your cerebral palsy suit could include all your child’s future medical expenses, such as surgical procedures they may need over the course of their life, rehabilitation and therapy, such as physical therapy and speech therapy, the cost of assistive devices such as crutches, wheelchairs, and other adaptive technologies, and all other forms of medical treatment they could require in the future.

A good attorney can work carefully to ensure that all the victim’s medical expenses are properly addressed in the medical malpractice suit. Once you file your claim, settlement negotiations with the defendant can begin, and the parties involved will attempt to reach a mutually acceptable resolution to the claim. However, if the settlement effort does not produce acceptable results, the case will need to go to litigation.

What to Expect From Your New Mexico Cerebral Palsy Attorney

The Branch Law Firm has years of professional experience helping our clients throughout the state with all types of medical malpractice claims, including those pertaining to cerebral palsy. We know how debilitating this condition can be and the wide range of unpredictable effects it can have on any family, and our goal for your case is to help you approach the situation with confidence and reach the ideal outcome.

Our firm can work diligently to gather the evidence needed to prove your child’s condition resulted from medical malpractice, and then we can prepare you for the complex series of proceedings ahead of you. When it comes to your family’s compensation, rest assured that our firm can do everything we can to maximize your total case award to the fullest extent allowed under state law.

If you are concerned about the cost of hiring legal representation for your cerebral palsy claim, you will not need to worry about upfront legal fees when the Branch Law Firm takes your case. We accept medical malpractice clients on contingency, so your fee will be a percentage of your case award that you will pay only after we have won your case. There is no cost if we are unable to secure compensation for you.

It’s vital to connect with an experienced New Mexico cerebral palsy lawyer as quickly as possible once you determine that you may have grounds for a claim. Contact the Branch Law Firm today to schedule a free consultation with an experienced legal team you trust with your case.