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Birth injury claims in New Mexico
Common birth injury claims
Claims typically involve failure to respond to fetal distress, delayed C-section, oxygen deprivation (which can cause cerebral palsy or brain injury), improper use of delivery instruments, and shoulder dystocia injuries.
Deadlines for the child and parents
Since January 1, 2022, a child's claim against a qualified provider may be filed until one year after the child turns 18. A parent's loss of consortium claim is tolled along with the child's. Parents' own claims, including for medical expenses they pay, may have shorter deadlines, so do not wait.
Lifetime care costs are not capped
Past and future medical care is excluded from New Mexico's damages caps. In birth injury cases future care is often the largest part of the claim.