Albuquerque Maternal Death Attorneys

Experienced Representation for Families Across New Mexico

When a mother dies due to the negligence of a healthcare provider, the consequences are devastating. Families are left without a loved one, and children are left without a mother. Additionally, families often face significant financial burdens associated with the loss of their loved one, especially when the mother is the primary breadwinner.

At James Wood Law, P.C., our Albuquerque maternal death lawyers represent families who have lost loved ones due to the negligence of doctors, nurses, and other medical professionals. We understand the immense grief you are experiencing, and we are here to provide the compassionate, personalized legal guidance you deserve.

Call our office today at (505) 906-6774 or online to schedule a free, confidential consultation with one of our maternal death attorneys in Albuquerque.

What is Maternal Death?

Maternal death is the death of a pregnant or postpartum woman within 42 days of the end of pregnancy. The woman dies from any cause related to or aggravated by the pregnancy or its management, but not from accidental or incidental causes. 

Common Causes of Maternal Death

Maternal death can occur in a variety of ways, but many cases are caused by the negligence of healthcare providers. Doctors, nurses, and other medical professionals have a legal duty to provide a certain standard of care to their patients. When they fail to meet this standard, they can be held accountable for the resulting damages.

Some common causes of maternal death due to medical malpractice include:

• Failure to diagnose and treat umbilical cord complications
• Failure to diagnose and treat uterine rupture
• Failure to diagnose and treat placental abruption
• Failure to diagnose and treat premature birth
• Failure to diagnose and treat preeclampsia
• Failure to diagnose and treat infant brain damage
• Failure to diagnose and treat hypoxic-ischemic encephalopathy
• Failure to perform a C-section in a timely manner
• Medication errors
• Anesthesia errors
• Failure to monitor the mother and baby’s vital signs
• Failure to follow up on abnormal test results
• Failure to take a complete patient history
• Failure to order appropriate tests
• Failure to refer the patient to a specialist

Who Can File a Wrongful Death Lawsuit for Maternal Death?

In New Mexico, the personal representative of the deceased’s estate can file a wrongful death lawsuit. If the mother did not have a will, the court will appoint a personal representative. The personal representative will act as the plaintiff in the lawsuit, and any damages awarded will be distributed to the mother’s surviving family members.

In New Mexico, wrongful death lawsuits can be filed by the personal representative on behalf of:

• The mother’s surviving spouse
• The mother’s surviving children
• The mother’s surviving parents
• The mother’s surviving siblings

Wrongful death lawsuits are intended to compensate the deceased’s surviving family members for their losses. In these cases, the personal representative will seek compensation for the loss of the mother’s income, loss of the mother’s companionship and guidance, loss of the mother’s household services, and more.

How to Prove Medical Malpractice in a Maternal Death Case

Proving medical malpractice in a maternal death case can be challenging, which is why it is so important to work with an experienced maternal death attorney in Albuquerque. At James Wood Law, P.C., we have extensive experience handling these types of complex cases.

In order to prove medical malpractice in a maternal death case, you must show the following:

• A doctor-patient relationship existed: This means you must show that you hired the doctor, and the doctor agreed to be hired.
• The doctor was negligent: You must show that the doctor was not reasonably skillful or careful in the medical care they provided. To do this, you must show that another doctor, under the same circumstances, would not have made the same mistake.
• The doctor’s negligence caused the injury: You must show that the doctor’s negligence was the cause of the injury. This means you must show that you would not have been injured if the doctor had not been negligent.
• You suffered damages: You must show that you suffered an injury as a result of the doctor’s negligence. This can include the loss of your loved one, medical bills, funeral expenses, and more.

In addition to these elements, you must also comply with the statute of limitations. In New Mexico, the statute of limitations for medical malpractice cases is three years from the date of the injury or one year from the date the injury was discovered, or should have been discovered. There is also a four-year statute of repose.

This means that, in most cases, you have four years from the date of the injury to file a medical malpractice lawsuit. However, if the injury was not discovered, or should not have been discovered, until a later date, you have one year from that date to file a lawsuit. If more than four years have passed since the date of the injury, you will be barred from filing a lawsuit.

How Our Firm Can Help

If you have lost a loved one due to the negligence of a healthcare provider, you may be wondering if you should file a lawsuit. At James Wood Law, P.C., we can help you determine if you have a valid claim and what your next steps should be. Our maternal death attorneys in Albuquerque are committed to providing the compassionate legal guidance you need during this difficult time.

When you choose to work with our firm, you can expect:

• Compassionate support: We understand the immense grief you are experiencing, and we are here to support you every step of the way. Our maternal death lawyers in Albuquerque, NM, are available to answer your questions and address your concerns 24/7.
• High quality representation: Our team is not afraid to take on major hospitals, insurance companies, and their teams of lawyers. We will fight tirelessly to protect your rights and help you secure the maximum compensation you are owed.
• Personalized solutions: At James Wood Law, P.C., we know that no two cases are alike. That is why we take the time to understand the unique details of your case and develop a legal strategy tailored to your needs.
• No fees unless/until we win: We believe that everyone deserves access to quality legal representation. That is why we offer our legal services on a contingency fee basis. This means that you do not owe us any upfront fees, and you will only pay if we are successful in recovering compensation for you.

Call our office today at (505) 906-6774 or online to schedule a free consultation with one of our Albuquerque maternal death lawyers.