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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical errors during the delivery process can cause serious birth injuries to newborns. These injuries can result in an entire life of care and medical expenses which drain families' funds.

Birth injury claims require the same proof as other malpractice claims. The medical professional must have acted in breach of his or her duty to provide reasonable medical care. This is a difficult task.

Preparing a Claim

The legal procedure for a birth injury case starts by analyzing the medical records of your child. These documents are full of information that may show that the doctor was negligent. An experienced attorney can pinpoint the most important evidence and gather other documents that can be used to prove your claim.

The attorney will also collaborate with one or more medical experts to prove that the doctor fell below the standards of care that would be expected of medical professionals in the same field. Experts can help jurors understand the reason why the doctor's omission to act or actions led to the injuries of your child.

If a medical professional is able to prove that your child's injuries resulted from a doctor's negligence, the next step is to determine what damages your child is likely to suffer. This includes future and past medical expenses, lost earnings throughout life and suffering and pain.

Based on the severity of your child's injuries you may be legally entitled to damages for punitive or exemplary injuries. These additional damages are designed to penalize the at-fault medical professional for their extreme carelessness or inattention, and to deter others from committing the same actions.

Medical errors that occur during the delivery of a child are the reason for a variety of birth injuries. These mistakes can occur at any time during the pregnancy, but are more likely to occur during labor and delivery. Medical malpractice can cause severe and lasting injuries for both the mother and 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 type of nerve damage that results in partial or complete paralysis of the arm, and is typically caused by injury to the brachial nerve plexus during the birth. The condition is usually preventable with the correct treatment and treatment.

New Mexico law has strict laws that limit the time you can file a lawsuit for medical malpractice. The lawyer will determine if your case qualifies for an exception to these deadlines. If the statutes of limitations have been reached the case will be dismissed, even if have an excellent case. To ensure that your lawsuit is filed on time, it is essential to speak with a New Mexico attorney for birth injury as soon as you are able to.

Preparing for trial

The process of preparing for a trial begins prior to the trial date when the legal teams analyze the evidence and form their theories. Then, they have to identify all witnesses and prepare questions for them. They will also need to gather all exhibits that will be used during the trial. They must also prepare jury instructions. All of this is crucial to present a successful claim and secure compensation for victims.

A birth injury that is caused by a medical error could be life-altering for the family. Children who suffer injuries like this will require medical treatment and treatment for the rest of their lives. Families may require financial aid to pay for therapies as well as treatments and equipment. An experienced New Mexico birth injuries attorney can help families recover the compensation needed to cover these costs.

To file a birth injury lawsuit, a family must prove that their medical provider or doctor failed to provide the treatment that an experienced medical professional would have given in similar circumstances. Medical malpractice is what this is. To prove this, the injured party must prove four elements that include duty of care, breach of that duty, causation, and damages.

Many medical errors that cause birth injuries are simple mistakes like misdiagnosis or improper treatment of prenatal issues. Some are more complex, like shoulder dystocia which could result in total or partial arm paralysis. In some instances, birth injuries are only apparent later in childhood, as the child starts missing developmental milestones.

It is important to contact a birth injuries lawyer as soon as you can after the injury or before the initial statute of limitations (SOL) will expire. There are exceptions to the SOL which may extend the time period to file a lawsuit. A skilled lawyer for birth injuries can explain the SOLs that are applicable to your particular case and provide an appropriate timeframe for filing a suit.

Birth injuries typically require expert testimony to prove that the doctor's treatment fell below the standards of care in their field. A qualified medical malpractice firm like Miller Weisbrod Olesky works with highly-regarded experts around the country to establish these facts in the case of a birth injury.

How to File a Claim

A birth injury can have a lasting and life-altering effect on the child, parents and the family. A successful claim could provide compensation for medical expenses, income loss and pain and suffering. It can also help to pay for the cost of specialized equipment and therapies. A successful claim requires expert medical testimony proving that the doctor, nurse or any other healthcare professional breached their duty of caring and caused the child's injuries.

A New Mexico birth injury lawyer can assist families to receive the justice they deserve with a lawsuit against the responsible medical provider or healthcare facility. It is crucial to understand that medical malpractice claims are subject to strict statutes of limitation. Lawyers can examine the specifics of the case to determine when the statute began to run and legal action can be taken before the statute expires.

In certain instances, doctors can be held accountable for birth injuries, even if medical negligence was not present during the time of birth. This type of negligence may result from the delay in diagnosing or treating a maternal condition, improper use of forceps during delivery or a failing Caesarean section.

Other causes of birth injury include a lack of oxygen to the brain during labor or prolonged labor. A New Mexico birth injury lawyer will review the details of a case to identify the parties who could be responsible, such as nurses, doctors and hospitals. Most often, these lawsuits are filed against the facility where the negligent healthcare professional was employed.

It is not uncommon for the defendant or their attorney to assert that there could be other causes for the injuries of a baby. These include genetic defects or issues with fetal development. A New Mexico birth injury attorney california injury attorney can assist the family and the victim to counter this argument by proving that there was evidence of negligence and that the medical professional's negligence or inability to act on their own directly caused the child's injuries.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and appoint one or more expert medical witnesses to establish that a healthcare provider's actions or inability to act fell below the standard of care in a similar situation and resulted in the child's injuries. A successful claim may result in compensation for future and past medical costs as well as lost income, discomfort and pain, as well as other damages.