Santa Fe Birth Injury Lawyer

Santa Fe Birth Injury Attorney

When bringing a new child into the world, expecting parents deserve to feel like they can rely on their medical team to make sure their family remains safe during the process. Unfortunately, birth injuries are common in the United States and can lead to devastating consequences for the entire family. If you or your baby has suffered due to the actions of your medical professional, seek counsel from a Santa Fe birth injury lawyer.

Choose a Trusted Personal Injury Law Firm in New Mexico

At the Branch Law Firm, our legal professionals value honesty and compassion. Since 1966, founding attorney Turner W. Branch has helped countless New Mexico clients seek justice after experiencing pain caused by another. We offer free consultations to those living in Santa Fe and the surrounding areas. When you come into your consultation, you’ll be treated with empathy by an experienced and reliable lawyer.

Common Types of Birthing Injuries in the United States

There are various risks and potential complications that can happen when a person becomes pregnant. These can include:

• Eclampsia. This condition, a result of pre-eclampsia, can cause harm to pregnant parents during pregnancy. This is a serious condition that can cause the parent to experience seizures. If your doctor fails to diagnose your pre-eclampsia or eclampsia, it can cause severe or even fatal consequences.
• Erb’s palsy. This condition happens when an infant is injured during the delivery process, causing weakness in their arm or shoulder muscles. Erb’s palsy is quite common, with 0.9 to 2.6 infants experiencing the condition per 1,000 live births.
• Hypoxic ischemic encephalopathy (HIE). This condition occurs before, during, or after birth when the infant’s blood flow to their brain is reduced or stopped. If not handled quickly, it can lead to the baby developing intellectual disabilities, developmental delays, epilepsy, cerebral palsy, and heart conditions.
• Jaundice. While common in many term and pre-term babies, with 60% of term babies and 80% of pre-term babies developing it in the first week after birth, jaundice still requires close monitoring. If a doctor fails to take the condition seriously, explain treatment options, or prevent the condition from developing further, it can lead to significant harm to the baby.

Many of these conditions can be avoided by doctors being vigilant during the pregnancy and delivery process. Pregnancy and birth require close monitoring and careful handling to avoid injury to the parent and child. If a medical professional fails to do their duty and the patient is harmed because of it, they may have a legal case opened against them.

Between 2020 and 2022, 7,000 United States physicians were surveyed about medical malpractice cases. The obstetricians and gynecologists reported a total of 359 medical malpractice claims being opened against them.

Steps to Take After Being a Victim of a Birth Injury

If you suspect you or your newborn has suffered a birth injury, you’ll want to act quickly. First, seek immediate medical attention to address the injury. Don’t dismiss your worries. Even if it turns out that you and your baby are safe, it’s better to be checked out than have the potential injury worsen over time.

After seeking medical attention, hire a birth injury lawyer to help explain your legal rights and options under New Mexico law. If you’re able to pursue a legal case against the professional who hurt you, your attorney can represent you during all stages of legal proceedings.

Together, you’ll be able to file your claim at the Santa Fe County District Courthouse, located at 225 Montezuma Avenue. Victims of medical malpractice in New Mexico generally have three years from the date of the incident to file their birth injury claim. You’ll want to file as early as possible to help avoid any roadblocks during the legal process.

You’ll then need to collect a substantial amount of evidence to prove to the courts what happened. Your lawyer can help explain what might be needed and help you preserve:

• Photos and videos of any visible injuries to you or your baby
• Copies of your medical records
• Surveillance footage of the birth injury. This may need to be collected quickly, as security footage often tapes over itself after a period of time.
• Testimony from anyone who witnessed the birth injury happen. Your lawyer can assist in gathering this as soon as possible, since memories tend to alter and fade quickly after witnessing traumatic events.
• Testimony from professionals in similar fields who can give their opinion about what happened and what was the cause of the birth injury
• Documentation of your financial losses, including copies of your medical bills and proof of lost income, due to missing work from injuries
• Documentation of your emotional losses, such as testimony from your loved ones about your mental state since the injury, or a journal detailing your emotions since the incident
• A written, detailed timeline of events
• Any other proof that can offer clarity to the courts about what happened

Types of Compensation Available to Request in a New Mexico Birth Injury Claim

Victims of medical malpractice in New Mexico can pursue compensation for their financial and emotional losses. Economic damages help victims recover compensation for:

1. Their medical bills, including surgeries, medications, doctor and hospital visits, physical therapy, mental health counseling, medical supplies, and medical devices
2. Lost income due to missing work from the recovery process
3. Any damages to personal belongings during the incident

Non-economic damages help victims recover compensation for:

1. Their pain and suffering
2. Loss of enjoyment of life
3. Disfigurement
4. Disability

Hire a Birth Injury Lawyer to Help You Pursue Justice

Reach out to the Branch Law Firm today to schedule your initial consultation at our office in Albuquerque. We provide new clients of Santa Fe with free consultations to discuss their situation and concerns. When you work with the Branch Law Firm, you’re working with a passionate team that wants to make a difference in our community.

Our firm operates on a contingency fee basis. This means that we don’t accept payments for our legal services until we’ve secured compensation for your case.