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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes during the delivery process can cause serious birth injuries to newborns. These injuries can result in an entire life of medical bills and care that deplete families' finances.

Like all malpractice lawsuits, birth injury cases must prove that the medical professional breached their obligation to provide reasonable medical treatment. This is a difficult task.

Preparing a Claim

The legal process of a birth injury case begins with a review of your child's medical records. These documents may contain valuable information that proves the doctor was negligent. An experienced lawyer will be able to find the most important evidence, and collect documents can be used to support your claim.

The attorney will also collaborate with one or more medical experts to prove that the doctor did not meet the standard of care that should be expected from a medical professional in the same specialty. A medical expert will help the jury understand how the doctor's actions or failure to act led to the injuries suffered by your child.

If a medical expert can establish that negligence on the part of the doctor caused the injuries to your child The next step will be to determine what damages your child is entitled to. This includes past and future medical expenses, loss of earnings over the course of a year as well as pain and suffering.

You could be entitled to punitive damages or exemplary damages depending on the severity of the injuries that your child sustained. These additional damages are intended to penalize the medical professional responsible for their extreme inattention or carelessness and discourage others from acting in a similar way.

Medical mistakes made during the birth of a child are the reason for numerous birth injuries. These mistakes can happen at any time during pregnancy but are more likely to occur during labor and birth. Medical malpractice can cause severe and lasting injuries for both the mother and child.

Erb's palsy, shoulder dystocia, and brain damage are just a few of the most common birth injuries. Erb's Palsy is a form of nerve damage which causes arm paralysis. It is typically caused by trauma during delivery to the brachial plexus. The condition can be prevented with the correct treatment and intervention.

New Mexico law has strict laws that limit the time you can make a claim for medical malpractice. The lawyer will determine if your case qualifies for exemptions to these deadlines. Even if your case is strong it could be dismissed in the event that the time limit has passed. It is critical to get in touch with a New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.

Prepare for Trial

The process of preparing for a trial begins prior to the date of trial, as the legal teams review the evidence and develop their theories. Then, they must determine the witnesses and prepare questions for them. They should also collect all exhibits which will be used during the trial. They must also prepare jury instructions. All of this preparation is critical to presenting a winning claim and winning compensation for victims.

A birth injury that is the result of the negligence of a medical professional could cause life-altering effects for the entire family. Children who suffer from these injuries require the ongoing care of a medical professional and assistance. Families may require assistance to pay for treatments, therapies and specialized equipment. An experienced New Mexico birth injury attorney can help families recover financial compensation that will pay for these expenses.

In order to file a lawsuit for birth injuries, a family must show that the doctor or medical professional did not provide the care a reasonable medical professional in similar circumstances would have given. Medical malpractice is what this is. To prove this, the party who was injured must prove four elements that include duty of care, breach of this duty, causation, as well as damages.

Many of the medical errors that cause birth injuries are caused by simple mistakes, such as misdiagnosis or improper treatment of prenatal complications. Some are more complex such as shoulder dystocia, which is an issue that can cause total or partial arm paralysis. In certain cases birth injuries are only evident later in childhood when the child begins missing developmental milestones.

Contacting a birth injury attorney as soon as you can following the injury lawsuit is important as otherwise, the statute of limitations (SOL) could expire. There are however some exceptions to the SOL that can extend the time for filing an action. A knowledgeable birth injury attorney can provide specific SOLs applicable to your particular case and recommend an appropriate time frame for filing an action.

Expert testimony is typically required to prove that the doctor's treatment was not up to par with the standards of their area of expertise. A reputable medical malpractice firm such as Miller Weisbrod Olesky works with highly-regarded experts around the country to prove the facts of an injury claim involving birth.

Filing a Claim

A birth injury can cause a permanent and life-altering impact on a child, parents and family. A successful claim may provide compensation for future and present medical expenses, loss of income, and pain and suffering. It can also pay for specific therapies and equipment. However an effective claim requires expert medical testimony to establish that the nurse, doctor or any other healthcare provider did not fulfill their duty of care and caused the child's injuries.

A New Mexico birth injury lawsuits attorney can help families get the justice they deserve by filing a lawsuit against the accountable medical provider or healthcare facility. It is important to keep in mind that medical malpractice claims have strict statutes. A lawyer can review the specifics of the case and determine the time when the statute of limitation began to run to ensure that legal action can be initiated prior to the expiration date.

In certain instances, doctors can be held accountable for birth injuries even if medical negligence wasn't present at the time of delivery. This type of negligence may be the result of a delay in diagnosing or treating a maternal problem or the improper use of forceps during the delivery or a failed Caesarean section.

Other causes of birth injury could be a lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury lawyer can examine the facts of a case to identify possible responsible parties, which could include doctors, nurses and hospitals. Most often these lawsuits are filed against the hospital where the healthcare professional who was negligent was employed.

It is not unusual for a defendant or their lawyer to claim that there are other causes lawyers for injurys near me the baby's injuries. These could be genetic problems or fetal development issues. A New Mexico birth injury attorney can help the family and the victim argue against this claim by proving that there was evidence of negligence and that the medical professional's actions or failure to act directly caused the child's injuries.

Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to investigate the situation. They may also hire one or more medical experts to prove that the healthcare provider's actions or inactions fall below the standard care for a similar circumstance. This is what led to the child's injuries. A successful claim may result in compensation for future and past medical expenses, lost income, discomfort and pain, as well as other damages.