Top Birth Injury Attorney Albuquerque: Expert Legal Support for Families
Need a birth injury attorney Albuquerque? Shekter Law, PC can provide the expert legal support your family needs. In this article, learn about birth injuries, medical negligence, and how Shekter Law, PC helps families secure justice and compensation.
Don't delay—if you or your child has suffered a birth injury, contact a trusted Birth Injury Attorney in Albuquerque today. Reach out to Shekter Rosete Law at (505) 216-2510 or message us online for a free consultation. We are dedicated to protecting your rights and fighting to secure the compensation your family deserves.
Key Takeaways
Birth injuries can lead to severe, lifelong health complications and are often the result of medical negligence during labor and delivery.
Determining medical negligence involves identifying failures in care, such as not recognizing fetal distress or improper use of delivery techniques, leading to significant harm to newborns.
Shekter Law, PC provides expert legal representation for families affected by birth injuries, operating on a contingency fee basis and offering free consultations to support clients in their pursuit of justice.
Understanding Birth Injuries
Birth injuries, defined as physical harm to a newborn occurring during labor and delivery, can result in severe health complications that last a lifetime. From the outset, understanding that such injuries are not just medical issues but profound personal injury tragedies that affect entire families is crucial. The emotional strain and the need for long-term care can be overwhelming, and the physical pain and suffering suffered by the child are heart-wrenching.
Common causes of birth injuries include:
Lack of oxygen to the baby (hypoxic-ischemic encephalopathy)
Inhalation of meconium (meconium aspiration syndrome)
Complications like placental issues that can lead to stillbirth
A timely and accurate diagnosis is essential for proper treatment of birth injuries, and misdiagnosis or failure to diagnose can contribute significantly to these outcomes.
These scenarios underscore the critical nature of vigilant medical provider care during delivery in the medical field. When healthcare providers and doctors fail to adhere to the accepted standard, the consequences can be devastating for the lives of medical providers involved. Nurses also play a vital role in recognizing and managing complications during delivery, and deviations from standard procedures by nurses can lead to medical malpractice claims. The physician, as a key healthcare professional, is responsible for making crucial decisions during labor and delivery, and their actions are central to the diagnosis and treatment process. The obstetrician, as a key medical provider, is specifically responsible for making critical decisions during childbirth, and their actions can significantly impact birth injury outcomes.
Shekter Law, PC specializes in handling medical malpractice cases related to birth injuries, offering expert legal support to families navigating these challenging circumstances. Their goal is to ensure that families receive the justice and compensation they deserve, alleviating some of the burdens that come with such severe injuries.
Common Types of Birth Injuries
Cerebral palsy is one of the most severe injuries linked to birth complications. It often results from brain damage during birth, affecting movement and posture due to disrupted signals from the brain to the muscles. This medical condition can lead to lifelong physical limitations and require extensive medical treatment and therapy.
Another common birth injury is brachial plexus injuries, including Erb’s palsy. These injuries occur when the nerves controlling arm movement are damaged, frequently due to shoulder dystocia during delivery. The resulting physical harm can limit the child’s ability to move their arms and hands, impacting their quality of life.
Skull fractures in newborns, often resulting from the improper use of delivery instruments like forceps, can lead to serious injuries. A specific example is a forceps injury, which occurs when forceps are used incorrectly during delivery and can cause significant trauma to the baby's head. These fractures can cause significant physical pain and may have long-term health consequences. Understanding these types of injuries is crucial for families as they seek justice and compensation for their suffering. A newborn who suffers from such injuries may face additional challenges in their recovery.
Determining Medical Negligence in Birth Injury Cases
Medical negligence in birth injury cases occurs when healthcare providers fail to adhere to the expected standard of care during delivery, leading to complications and harm to the newborn. This negligence can manifest in various ways, including before, during, and shortly after childbirth.
Specific negligent actions can include not recognizing fetal distress, improperly administering delivery techniques, or failing to inform the mother about potential risks. Such failures can lead to serious injuries for the baby, ranging from brain damage to physical impairments and specific damages. The role of medical experts is crucial in establishing whether the care provided met accepted standards.
Examples of errors during labor and delivery and their potential consequences include:
Failure to detect and respond to signs of fetal distress, which can result in long-term health issues for the infant.
Inadequate or improper fetal monitoring, leading to undetected fetal distress and subsequent birth injuries.
Incorrect use of assisted delivery tools, causing significant harm to both mothers and newborns.
Medication errors, such as incorrect dosages, leading to critical complications during labor and delivery.
Post-delivery negligence, including failures to monitor the newborn’s condition properly, can significantly impact their health outcomes. Proving these instances of negligence requires a thorough investigation and collaboration with medical professionals to determine the liability of the healthcare providers involved.
New Mexico Laws and Regulations
Navigating a medical malpractice claim in New Mexico requires a clear understanding of the state’s specific laws and regulations. For families dealing with the aftermath of serious injuries caused by medical negligence, knowing your rights and the legal framework is essential to seek justice and recover compensation.
One of the most important aspects of medical malpractice law in New Mexico is the statute of limitations. Victims of medical negligence have three years from the date of the alleged malpractice incident to file a medical malpractice lawsuit. Families must file a birth injury lawsuit within this three-year window to preserve their right to compensation. This strict deadline means that if you or your loved one has suffered harm due to a medical provider’s failure to meet the accepted standard of care, it is crucial to act quickly. Missing this window can result in losing the right to pursue financial compensation for your injuries, lost wages, and pain and suffering.
To succeed in a medical malpractice case, attorneys must prove that a medical professional—such as a doctor or nurse—did not provide care that met the accepted standard, and that this failure directly caused harm or injury to the patient. This process often involves a thorough investigation, review of medical records, and consultation with expert witnesses who can help determine whether negligence occurred. Building a strong case requires extensive experience and trial experience in handling medical malpractice cases, making it vital to work with a law firm that has a proven track record in this complex area of law.
In New Mexico, most medical malpractice attorneys work on a contingency fee basis. This means clients do not pay any legal fees unless the attorney successfully recovers compensation on their behalf. For families already facing the financial strain of severe injuries and ongoing medical treatment, this arrangement provides access to skilled legal representation without upfront costs.
Gathering evidence is a critical step in any medical malpractice claim. Medical records, expert testimony, and documentation of the patient’s injuries and suffering are all essential to prove a valid claim. An experienced attorney can help collect and analyze this evidence, ensuring that your case is as strong as possible when presented in court.
New Mexico’s laws are designed to protect patients and hold healthcare providers accountable when their actions fall short of the accepted standard. If you believe you or a loved one has suffered due to medical negligence, it is important to contact a knowledgeable medical malpractice attorney as soon as possible. They can help you understand your legal options, guide you through the process, and fight to secure fair compensation for your losses.
By understanding New Mexico’s medical malpractice laws and acting within the statute of limitations, families can take meaningful steps toward justice and financial recovery. Don’t wait—reach out to a qualified law firm to determine the best course of action for your unique situation.
Personal Injury and Wrongful Death in Birth Injury Cases
Birth injuries can have life-altering consequences for families, sometimes resulting in serious injuries that require lifelong care or, in the most tragic cases, wrongful death. When a newborn or mother suffers harm due to the negligence of medical professionals, families are left facing not only emotional pain and suffering but also significant financial burdens. In these difficult times, seeking justice and fair compensation becomes essential to help families recover and move forward.
Medical malpractice claims related to birth injuries often arise when doctors, nurses, or other healthcare providers fail to meet the accepted standard of care. Proving a valid claim in a medical malpractice lawsuit requires demonstrating that a medical provider’s negligence directly caused the injury or loss. This process can be complex, involving a thorough investigation, review of medical records, and collaboration with expert witnesses to establish liability.
In New Mexico, families have three years from the date of the incident to file a medical malpractice lawsuit, making it crucial to act quickly. Consulting with a law firm that has extensive experience and trial experience in medical malpractice cases ensures that your claim is handled with the highest level of skill and dedication. Many medical malpractice attorneys offer a free consultation to evaluate your case and discuss your legal options, providing guidance without any upfront financial commitment.
A successful medical malpractice case can help families recover compensation for a range of damages, including lost wages, medical expenses, and pain and suffering. In cases of wrongful death, financial compensation can help address the loss of income and support, as well as provide some measure of justice for the family’s suffering. Law firms that work on a contingency fee basis allow families to pursue their claims without worrying about legal fees unless compensation is secured.
Choosing the right attorney is critical. A law firm with a proven track record in medical malpractice litigation can offer the personalized attention and support families need during this challenging time. Their extensive experience in handling birth injury cases means they understand the complexities of medical malpractice law and are prepared to fight for the justice and compensation you deserve.
If your family has suffered due to a birth injury or wrongful death, don’t hesitate to contact a qualified medical malpractice attorney. With the right legal support, you can seek justice, hold negligent medical providers accountable, and recover the fair compensation needed to secure your family’s well-being.
Legal Steps to Take After a Birth Injury
After a birth injury, it’s crucial to take immediate legal steps to protect your rights and seek justice. One of the first steps is to collect comprehensive medical records, which are essential for establishing the context of the injury and identifying potential medical negligence. These records provide evidence of the medical care provided during delivery. Families may also be entitled to recover economic damages such as lost income if a parent must miss work or reduce hours to care for an injured child.
Contacting a medical malpractice attorney is another critical step in understanding medical malpractice law. Many medical malpractice attorneys, including those at Shekter Law, PC, offer free initial consultations, allowing you to discuss your case without financial risk. Additionally, many work on a contingency fee basis, meaning you owe no payment unless you win your medical malpractice lawsuit or face medical malpractice lawsuits.
In New Mexico, families typically have three years from the time a birth injury is discovered to file a medical malpractice claim. This statute of limitations makes timely legal action essential to protect your rights and pursue fair compensation. Experienced attorneys can guide you through the legal process, ensuring that all necessary steps are taken.
These steps initiate the journey towards securing justice and compensation for your child’s injuries. The legal process can be complex, but with the right support, families can navigate it successfully and achieve the best possible outcomes.
How Shekter Law, PC Can Help
Shekter Law, PC is committed to securing justice for clients facing birth injuries through proficient legal representation. Their mission statement emphasizes providing compassionate support and relentless advocacy to ensure every victim client receives justice and compensation.
The founding partners, Jamison Shekter and Mish Miera-Rosete, have extensive experience advocating for injured individuals, accident victims, and determined families throughout New Mexico. Clients report that the attorneys are educated, professional, and compassionate, involving clients in decisions while clearly explaining case details. Client testimonials further highlight the firm's dedication and successful outcomes for families affected by birth injuries.
Jamison Shekter is known for his involvement in mentoring young attorneys and participating in pro bono initiatives, contributing to legal education programs. This dedication to the legal community ensures that clients receive knowledgeable and skilled representation.
Shekter Law, PC combines big-firm litigation skills with small-firm accessibility, offering tailored strategic plans for each client in court. The firm has significant experience representing clients in courts throughout New Mexico, demonstrating their ability to handle complex litigation and trial matters across various judicial systems. This unique approach ensures that every client receives the personalized attention they need while benefiting from the expertise of seasoned trial lawyers and a dedicated lawyer at our law firm.
Proven Track Record in Birth Injury Cases
Shekter Law, PC has a proven track record of successfully handling numerous birth injury cases, including a valid claim to prove:
Securing favorable outcomes for families
Achieving significant settlements
Resulting in substantial financial recovery for clients affected by birth injuries
The firm's skill in settlement negotiations allows them to secure favorable outcomes for their clients, often maximizing compensation without the need for prolonged litigation.
The firm also has experience handling wrongful death cases resulting from birth injuries.
Clients of Shekter Law, PC have received financial compensation that covers medical expenses, long-term care, and associated costs due to birth injury cases. These settlements have provided families with the financial support needed to recover compensation for their injured children, ensuring their well-being, future health, and lost wages.
Through litigation or settlement, Shekter Law, PC has positively impacted many families by ensuring they receive justice and the resources they need for their injured children. The firm also supports families pursuing wrongful death claims when birth injuries result in fatal outcomes. Their extensive experience in the medical malpractice field ensures that clients receive the best possible representation in their lawsuit.
Free Consultation and Contingency Fee Basis
Shekter Law, PC offers free initial consultations with no obligation, allowing potential clients to discuss their legal needs and outline goals. This initial consultation provides an opportunity to understand the case’s merits and the legal options available.
The firm operates on a contingency fee structure, which means:
Clients only pay legal fees if they successfully obtain compensation.
Families can pursue justice without the burden of upfront, out-of-pocket expenses.
Clients are not required to pay any fees upfront.
Clients are only responsible for legal costs if their case succeeds.
This structure offers significant financial relief to families already burdened by the emotional and financial strains of a birth injury. Eliminating the need for upfront payments ensures that every family can access experienced legal representation.
Contact Shekter Law, PC Today
If your family has been affected by a birth injury, contact Shekter Law, PC today to seek justice and explore your legal options. You can reach them by calling (505) 216-2510 or by reaching out online. The firm serves clients throughout New Mexico, including:
Albuquerque
Las Cruces
Rio Rancho
Santa Fe
Roswell
Farmington
Hobbs
Taos
It’s crucial to act quickly regarding your birth injury case to ensure your legal rights are protected. Shekter Law, PC is committed to fight for justice on behalf of their clients, ensuring they receive the compensation and support they need.
Don’t wait—reach out to Shekter Law, PC today and take the first step towards securing justice for your family.
Summary
Birth injuries can have devastating effects on families, but with the right legal support, justice and compensation are within reach. Shekter Law, PC offers expert legal representation, specializing in medical malpractice and personal injury cases. They provide compassionate support and relentless advocacy for families facing these challenges.
From understanding birth injuries and determining medical negligence to taking the necessary legal steps and receiving compensation, Shekter Law, PC is there every step of the way. Contact them today to explore your legal options and take the first step towards securing the justice your family deserves.
Frequently Asked Questions
What types of birth injuries are common?
Common birth injuries include cerebral palsy, brachial plexus injuries, and skull fractures, typically arising from medical negligence during delivery. These injuries can have significant long-term impacts on a child's life.
How is medical negligence determined in birth injury cases?
Medical negligence in birth injury cases is determined by assessing if healthcare providers adhered to the expected standard of care during delivery, often through the examination of medical records and expert consultations.
What should families do if they suspect a birth injury?
If families suspect a birth injury, they should promptly gather all relevant medical records and consult a medical malpractice attorney to safeguard their legal rights. Taking swift action is essential for ensuring a thorough investigation and potential support for their child's needs.
How can Shekter Law, PC help with birth injury cases?
Shekter Law, PC can assist with birth injury cases by providing expert legal representation and compassionate support, while working on a contingency fee basis to ensure clients incur no upfront costs. Their commitment to relentless advocacy helps secure justice for families affected by such injuries.
What is the fee structure for clients at Shekter Law, PC?
Clients at Shekter Law, PC are charged on a contingency fee basis, which ensures that legal fees are only payable upon successful compensation. This structure aligns the firm's interests with those of their clients.