Can I File for Medical Malpractice for Injuries Sustained in Labor?

by | Mar 15, 2023 | Medical Malpractice | 0 comments

Giving birth is a joyful and exciting experience for many women, but it can also be a challenging process that results in serious injuries if proper medical care is not provided. If you sustained injuries during labor and delivery, you may seek legal recourse against the medical provider if they failed to uphold the medical standard. With the help of an experienced medical malpractice lawyer, you may be able to recover compensation for injuries, medical expenses, lost wages, and other losses. 

In New Mexico, you must meet specific requirements to pursue legal recourse for medical malpractice during labor and delivery, such as proving the elements of negligence. At Dominguez Law, we will evaluate the specifics of your case and provide experienced legal counsel so you understand your best legal options. We have helped countless medical malpractice victims recover the compensation they deserve and hold negligent medical providers accountable for their misconduct. 

Understanding Medical Malpractice in New Mexico 

Medical malpractice occurs when a medical provider, such as a physician or nurse, fails to provide appropriate care to a patient, resulting in injury or harm. In New Mexico, medical malpractice claims must adhere to specific requirements in order to file a successful claim.  

You must prove the following elements of negligence with the help of an experienced medical malpractice lawyer: 

  • Duty of care: The healthcare provider owed a duty of care to the patient. In labor and delivery, the physician or nurse had a duty to provide appropriate care during the birthing process. 
  • Breach of duty: The healthcare provider breached the duty of care by failing to provide appropriate care during the birthing process. This may include failing to monitor the mother and baby, failing to respond to signs of distress, or failing to perform the necessary interventions such as a C-section.
  • Causation: The healthcare provider’s breach of duty caused the injury or harm suffered by the patient. For example, if the healthcare provider failed to perform a necessary intervention and the mother suffered internal damage that extended her hospital stay, there must be a causal link between the healthcare provider’s failure to act and the injuries. 
  • Damages: The patient suffered damages as a result of the healthcare provider’s breach of duty. This could include physical injuries, emotional distress, and financial losses. 

New Mexico’s statute of limitations, or the allotted time for bringing a medical malpractice claim against a negligent medical provider, is three years after the date the malpractice occurred. 

Speak with an experienced medical malpractice lawyer at Dominguez Law for a comprehensive case assessment and to adhere to the filing deadlines to build a successful case by the filing deadline. 

What Damages Are Recoverable in a Successful Medical Malpractice Case for Labor and Delivery Injuries? 

In New Mexico, damages that may be recoverable for labor and delivery injuries depend on the specifics of your medical malpractice case. Generally, you may be able to recover the following economic and non-economic losses: 

  • Medical expenses
  • Lost wages
  • Loss of future earning capacity 
  • Pain and suffering 
  • Emotional distress 
  • Loss of enjoyment of life 
  • Loss of consortium 
  • Punitive damages 

New Mexico has a cap on certain types of damages in medical malpractice cases, which is currently set to $750,000 for outpatient healthcare facilities that are not majority-owned by a hospital, or $4,500,000 for hospitals and outpatient healthcare facilities that are majority-owned by a hospital. 

At Dominguez Law, we fight to obtain the maximum recovery you deserve by assessing the harm you have suffered as a result of medical negligence during labor and delivery. 

Contact the Medical Malpractice Lawyers at Dominguez Law

If you have been a victim of medical malpractice during labor and delivery, it can be an incredibly challenging and emotionally overwhelming experience. The physical, emotional, and financial consequences can be life-altering. However, it is essential to remember that you are not alone. The compassionate and aggressive medical malpractice lawyers at Dominguez Law are here to fight for the justice you deserve. 

We provide the right support and legal resources to hold the liable parties accountable and to help you recover the damages necessary to move forward. Schedule a complimentary consultation today by calling (505) 850-5854 or filling out our contact form. We are fluent in Spanish and English.