New Mexico Amputation Attorney

Fighting For Amputation Victims in New Mexico

An amputation can be a life-altering event that affects both physical well-being and emotional health. Those facing this challenge in New Mexico must be well-informed about their rights and the possible legal avenues available. Understanding New Mexico’s personal injury and amputation laws is essential for anyone seeking justice and support.

The recovery process post-amputation often involves extensive rehabilitation and adaptation to new assistive devices like prosthetics. While incredibly helpful, these prosthetics come with significant costs and require adjustment periods. Emotional and psychological support through counseling or support groups is equally essential, helping individuals navigate the mental health hurdles that come with losing a limb. Local resources, such as the New Mexico Amputee Coalition, offer vital support and connections for those adjusting to life after amputation.

Call McGinn Montoya Love Curry & Sievers PA today at (505) 405-4441 or contact us online to schedule a consultation with our amputation attorney in New Mexico.

Why Choose McGinn Montoya Love Curry & Sievers PA?

We can assist you by:

• Comprehensive Client Support: At McGinn Montoya Love Curry & Sievers PA, we prioritize your recovery and well-being, offering personalized care to ensure you receive the attention you deserve.
• Proven Track Record: Our firm has a history of successful resolutions for amputation cases, demonstrating our ability to advocate for compensation effectively.
• Local Knowledge: We deeply understand New Mexico’s legal landscape, offering an advantage in navigating state-specific laws and procedures.

Common Causes of Birth Amputations

The most common causes include:

• Improper Use of Forceps or Vacuum Extractors: Excessive force or improper placement of these instruments during delivery can cause serious trauma to an infant’s limbs, potentially resulting in amputation.
• Undiagnosed or Untreated Amniotic Band Syndrome (ABS): This condition occurs when fibrous bands in the womb constrict an infant’s limbs, cutting off circulation and leading to congenital amputation. Proper prenatal care should include screening for ABS.
• Oxygen Deprivation and Circulatory Issues: If a newborn experiences oxygen deprivation or poor blood circulation during labor and delivery, tissue death could happen, necessitating amputation.
• Mismanaged Infections: Infections like sepsis could spread rapidly in newborns. If left untreated or improperly managed, they could lead to tissue necrosis, demanding the removal of affected limbs.
• Medical Errors During Fetal Monitoring and Delivery: Failure to recognize fetal distress, misdiagnosis, or improper medical interventions can contribute to the loss of a limb before or shortly after birth.

How to Prove Negligence in Birth Amputation Cases

Key elements of a successful claim include:

• Duty of Care: The medical provider is legally obligated to provide a standard level of care to the mother and infant during pregnancy, labor, or delivery.
• Breach of Duty: A medical professional deviated from the accepted standard of care, such as failing to diagnose a condition, improperly using medical instruments, or neglecting necessary medical interventions.
• Causation: Clear evidence must show that the medical provider’s negligence directly caused the injury leading to amputation. Expert testimony from medical professionals is often necessary to establish this link.
• Damages: The impact of the amputation, including physical suffering, emotional distress, medical expenses, and long-term care needs, must be documented to support the claim.

What Damages Could Be Recovered in a Birth Amputation Claim?

Potential damages may include the following:

• Medical Expenses: Current and future medical expenses that are related to the amputation, including surgeries, prosthetics, physical therapy, and specialized medical care.
• Pain and Suffering: Compensation for the physical and emotional misery caused by the amputation, both for the child and the family.
• Rehabilitation Costs: Ongoing therapy and rehabilitation services to help the child adapt to life with an amputation.
• Home and Vehicle Modifications: Expenses related to making necessary modifications to accommodate mobility needs.
• Lost Earning Capacity: If the amputation will impact the child’s ability to work in the future, financial compensation may account for lost earning potential.
• Emotional and Psychological Support: The costs of counseling and mental health support for the child and family members adjusting to the challenges of an amputation.

Pursuing a birth amputation claim can help secure the resources needed to provide a child with the best possible quality of life. Holding negligent medical providers accountable also promotes higher standards of care in the medical community.

How Long Do I Have to File a Case After an Amputation Injury?

In New Mexico, the statute of limitations for filing a personal injury case is typically three years from the date of the injury. This timeframe can affect the likelihood of successfully filing a case, making it critical to promptly discuss your situation with a lawyer and preserve your legal rights.

Failure to file within this period usually results in being barred from seeking legal compensation and missing out on possible settlement or financial support essential for recovery. A lawyer can aid in keeping track of deadlines and ensuring all necessary documents are prepared and submitted accurately, strengthening your claim.