New Mexico Birth Injury Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Many birth injuries are preventable, and some are caused by medical negligence. If you live in New Mexico and believe your child suffered a preventable injury due to mistakes by a nurse, obstetrician, or other health care provider, you may be able to file a birth injury lawsuit. Find out if you can work with a New Mexico birth injury lawyer to pursue compensation for treatment costs.

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Working With a New Mexico Birth Injury Lawyer

Birth injuries can lead to serious health conditions like cerebral palsy or Erb’s palsy. Families of children who suffered a preventable birth injury shouldn’t have to take on the financial burden caused by a trusted professional’s mistake.

Birth injuries may lead to long-term health conditions that require expensive treatments, and medical bills can add up quickly. A New Mexico birth injury lawyer is a type of personal injury lawyer who specializes in the birth injury practice area.

Downtown Albuquerque skyline

This particular field of personal injury law aims to help families of children with birth injuries recover financial compensation from negligent health providers.

A New Mexico birth injury lawyer can make the legal process as stress-free as possible by collecting evidence, filing a lawsuit on behalf of your family, and negotiating a settlement. If the case goes to trial, your attorney will also represent you in court.

Our partner birth injury law firm has recovered over $962 million for families nationwide, including those in New Mexico — and they’re ready to help yours too.

Our partner birth injury law firm can work with New Mexico families in:

  • Alamogordo
  • Albuquerque
  • Carlsbad
  • Clovis
  • Farmington
  • Gallup
  • Hobbs
  • Las Cruces
  • Los Lunas
  • Rio Rancho
  • Roswell
  • Santa Fe
  • South Valley
  • Other New Mexico cities

If you believe your child was harmed because of a health care professional’s medical negligence, you may be able to file a birth injury lawsuit. Talk to one of our nurses to learn what steps you can take.

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Birth Injuries and Medical Negligence

Because of the risks associated with the birthing process, delivery room staff are held to an especially high standard of care. When they fail to meet this standard, they may cause serious injuries that lead to permanent health conditions — with the child’s family left paying for unexpected treatments.

Health care professionals may be at fault for medical negligence if they:

  • Don’t detect or treat signs of oxygen deprivation (hypoxia)
  • Fail to perform a C-section (cesarean section) in a timely manner
  • Fail to recognize or treat signs of fetal distress
  • Improperly use forceps, vacuum extractors, or other assistive delivery tools
  • Use excessive force on a child’s head, neck, arm, or shoulders during delivery

If you believe medical negligence harmed your child during the delivery process, a New Mexico birth injury lawyer may be able to help you file a lawsuit. Take the first step toward justice with a free case review.

Types of Cases New Mexico Birth Injury Attorneys Handle

When a health care provider commits an act of medical malpractice that injures a child, there should be consequences for their mistakes. A New Mexico birth injury lawyer can help you file a lawsuit to hold them accountable while fighting for compensation,

New Mexico birth injury lawyers can handle many types of cases, including:

If you suspect that medical malpractice played a role in your child’s birth injury, you may be entitled to compensation. Call us today at (800) 914-1562 to find out how a New Mexico birth injury lawyer can help your family.

New Mexico Birth Injury Settlements and Verdicts

Most birth injury cases end in a settlement. When a case is settled out of court, the medical professionals and/or hospital (defendants) pay the family of the injury victim (plaintiffs) a lump sum of money in compensation.

Settlement values vary based on several factors, including the nature and severity of the injury and the expected medical expenses over the child’s lifetime. In many cases, families are awarded millions of dollars.

If the two sides cannot come to a settlement agreement, the case will go to trial to be heard by a judge or jury. Your New Mexico birth injury attorney will act as your legal representation, presenting the best possible case to prove that medical malpractice led to your child’s injury.

If the defendants are found guilty, they will be ordered to pay you a specific sum of money.

Some notable New Mexico birth injury verdicts and settlements include:

  • $73 million verdict

    for a child with a brain injury


  • $5 million settlement

    for a child with cerebral palsy


  • $4.5 million settlement

    for a child with cerebral palsy


  • $1.1 million settlement

    for a child with cerebral palsy


  • $250,000 settlement

    for a child with Erb’s palsy

Although every case is different, a New Mexico birth injury lawyer can help determine how much money (if any) you may be able to recover through a settlement or trial verdict.

Request a free consultation now to get started.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

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When to File a Birth Injury Lawsuit in New Mexico

If you wait too long to file a lawsuit after your child is injured and the statute of limitations runs out, you will lose your right to take legal action.

Statutes of limitation vary by state, which is why it’s crucial to contact a New Mexico birth injury lawyer as soon as you suspect that your child’s birth injury was preventable.

  • 3 Years

    NM Statute of Limitations for Birth Injuries

  • 3 Years

    NM Statute of Limitations for Infant Wrongful Death

Don’t wait to connect with a New Mexico birth injury lawyer. Even if your child hasn’t been formally diagnosed with a health condition, our lawyer can help you determine if you have a case and file your personal injury claim by the deadline.

Connect With a New Mexico Birth Injury Lawyer

Small Lady Justice statue on deskMost medical providers have years of experience, so when they make mistakes that injure a child, they should face consequences.

New Mexico birth injury lawyers are personal injury attorneys who specialize in birth injury cases, and they can help you file a lawsuit to help hold your care team accountable.

Some health conditions stemming from birth injuries require expensive treatment and accommodations throughout the child’s lifetime. A New Mexico birth injury lawyer can help you recover financial compensation and provide a stable future for your family.

Get a free case review today to see if you can work with a New Mexico birth injury attorney.

New Mexico Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in New Mexico?

Medical malpractice claims in New Mexico generally have a statute of limitations of 3 years. The statute of limitations is 3 years for infant wrongful death cases.

You won’t be able to pursue a personal injury case once the statute of limitations expires, so make sure to speak with a New Mexico birth injury attorney right away if your child is showing signs of a birth injury.

Call us today at (800) 914-1562 to see if a New Mexico birth injury lawyer can help your family.

How much do New Mexico birth injury lawyers cost?

The best New Mexico birth injury lawyers offer their services at no cost to you. They work on a contingency fee basis, which means they only get paid if they win your case. If your lawsuit is successful, they’ll receive an agreed-upon percentage of your settlement or trial verdict.

There are no upfront costs to file a birth injury claim, and you’ll never have to pay out of your own pocket.

How do I know if my child’s birth injury was caused by medical negligence?

It can be difficult to determine if a child has suffered a birth injury, let alone if that injury occurred because of medical negligence. Fortunately, a New Mexico birth injury lawyer has the resources and expertise necessary to evaluate your case.

Get a free case review today to see if your family could be eligible for financial compensation.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Centers for Disease Control and Prevention. (2022, May 2). Data and statistics for cerebral palsy. Retrieved June 29, 2024, from https://archive.cdc.gov/www_cdc_gov/ncbddd/cp/data.html
  2. Ranum, D. (2019, March 20). Study of malpractice claims involving children. Retrieved June 29, 2024, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/