The Work of a New Mexico Birth Injury Attorney

Sadly, many medical errors during the delivery process cause serious birth injuries for newborns. These injuries can result in an entire life of care and medical expenses that drain families' budgets.

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

Prepare a Claim

The legal process of a birth injury claim begins with a thorough examination of your child's medical records. These records contain a wealth of evidence that can demonstrate that the doctor's negligence was at fault. A competent attorney will be able to find the most important evidence and gather documents can be used to prove your claim.

The lawyer will also collaborate with one or more medical experts to establish that the doctor's actions didn't meet the standards of care required by professionals in the same field. Using an expert can help the jury understand the reasons why the doctor's actions or failure to act led to the injuries your child sustained.

If a medical expert can establish that negligence by the doctor caused the injuries to your child the next step would be to determine the amount of damages your child is entitled to. This includes future and past medical expenses as well as lost earnings over the course of a lifetime as well as suffering and pain.

You could be entitled to damages for punitive or exemplary depending on the severity of the injuries sustained by your child. These additional damages are intended to punish the medical professional at fault for their reckless carelessness or negligence and to deter others from acting in the same manner.

Many birth injuries are the result of medical errors during the delivery of the baby. These mistakes can occur anytime during pregnancy, but they are most likely to occur during the delivery process. Medical malpractice can result in serious and long-lasting injuries for both the mother and the child.

Some of the most common birth injuries are shoulder dystocia, brain damage spinal cord injuries, and Erb's Palsy. Erb's palsy is a form of nerve injury that can cause partial or complete arm paralysis and is typically caused by injury to the brachial plexus in birth. The condition is usually preventable by the proper treatment and intervention.

New Mexico law has strict statutes of limitations that impose an imposed time limit within which you are able to make a claim for medical malpractice. Your attorney will determine if your claim is eligible for an exemption to these deadlines. If the statutes of limitation have been reached and your case is dismissed even if you have an excellent case. It is imperative to contact a New Mexico birth injury attorney immediately to ensure the timely filing of your lawsuit.

Prepare for trial

The preparation for a trial starts much earlier than the date of trial and the legal teams analyze the evidence and form their theories. Then, they have to determine the witnesses and prepare questions for them. They must also compile all exhibits to be used in the trial. They will also need to prepare jury instructions. All of this preparation is critical to presenting a successful claim and winning compensation for the victims.

A birth injury that is the result of an error by a medical professional can result in life-altering consequences for the entire family. Children who suffer from injuries like this require a lifetime of medical care and treatments. Families may need assistance paying for treatments, therapies, and specialized equipment. A skilled New Mexico birth injury attorney can assist families in obtaining the financial compensation needed to cover the costs of these needs.

In order to bring a birth injury lawsuit the family must show that their medical provider or doctor did not provide the kind of care that an experienced medical professional would have given in similar circumstances. This is known as medical malpractice. To prove this, the party who was injured must establish four elements: duty of care, breach of that duty, causation, and damages.

Many of the medical mistakes that result in birth injuries stem from simple errors, like misdiagnosis or improper treatment of prenatal complications. Certain are more complicated, like shoulder dystocia which can cause partial or total arm paralysis. Some birth injuries only show up later in childhood, as the child begins to delay developmental milestones.

It is important to speak with a birth injury lawyer as soon as possible after the injury or before the initial statute of limitations (SOL) will run out. However, there are some exceptions to the SOL that can extend the time for filing a lawsuit. A skilled lawyer for birth injuries can explain the SOLs that are applicable to your situation and suggest an appropriate timeframe for filing a suit.

Birth injuries usually require experts to prove that the doctor's care fell below the standards of care in their field. Miller Weisbrod Olesky is an experienced medical malpractice firm that works with highly regarded experts from across the country to prove this in a birth injury claim.

How to Claim a Claim?

A birth injury can have a permanent and life-altering impact on the child, parents and the family. A successful claim could pay for current and future medical expenses, loss of income as well as pain and suffering. It can also cover the cost of special equipment and therapies. A successful claim requires medical expert testimony that proves that the doctor, the nurse or any other healthcare professional violated their duty to care and caused the child's injuries.

A New Mexico birth injury attorney can help families get the justice they deserve by filing a lawsuit against responsible medical professionals or the healthcare facility. It is important to keep in mind that medical malpractice claims have strict statutes. A lawyer can review the details of the case and determine when the statute of limitations was set to expire, so that legal action can be initiated before it expires.

In some instances doctors can be held liable for birth injuries even if the medical error did not occur at the time of delivery. This type of negligence can be caused by a delay in diagnosing a maternal condition or improperly using forceps to deliver the baby, or even the failure of a Caesarean.

A birth injury could also be caused by a absence or prolonged labor. A New Mexico birth injury lawyer can examine the facts of a case to determine the parties who could be responsible, such as nurses, doctors, and hospitals. The lawsuits are usually filed against the hospital in which the negligent healthcare professional worked.

It is not uncommon for the defendant, or their attorney, to argue that there may be other reasons behind the baby's injuries. These could be genetic problems or fetal developmental 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 negligence or inability to act directly caused the child's injuries.

Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to investigate the case. They can also engage one or more medical experts to establish that the healthcare provider's actions or inactions were below the standard care for a similar situation. This is what caused the child's injuries. A successful claim could result in the payment of past and future medical costs and lost income, as well as discomfort and pain, as well as other damages.

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