The Work of a New Mexico Birth Injury Attorney

Unfortunately, many mistakes made by doctors during delivery can result in severe birth injuries for newborns. These injuries can lead to a lifetime of medical expenses and care, which can take the financial burden off families.

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

Create a Claim

The legal process for a birth injury case starts by analyzing the medical records of your child. These records could contain important information that proves the doctor was negligent. An experienced attorney can find the most important evidence, and collect documents that can be used to prove your claim.

The lawyer will also collaborate with one or more medical experts to prove that the doctor did not meet the standard of care that would be expected by a medical professional in the same specialty. An expert's testimony can assist the jury in understanding the reasons why the doctor's actions or failure to act led to the injuries your child sustained.

If the medical expert can demonstrate that your child's injuries resulted from a doctor's negligence The next step is determining what damages your child is likely to suffer. This includes past and future medical expenses and lost earnings over life and pain and suffering.

Depending on the extent of your child's injuries you could be entitled to punitive or exemplary damages. These additional damages are intended to punish the medical professional for their carelessness or inattention, and to deter others from acting similarly.

Many birth injuries are caused by medical errors during the delivery of the baby. These errors can happen at any point during pregnancy but are most likely to happen during the delivery process. When a medical professional commits negligence, it could cause grave and long-lasting injuries to both the mother and child.

The most frequent types of birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's Palsy. Erb's Palsy is a kind of nerve injury that can cause partial or complete paralysis of the arm, and is usually caused by trauma to the brachial plexus in delivery. The condition can be prevented with the right treatment and intervention.

New Mexico law has strict statutes of limitations that dictate the time frame within which you are able to file a medical malpractice lawsuit. Your lawyer will determine if your case is eligible to be exempt from these deadlines. Even if your case is strong it could be dismissed when the statute of limitations has run out. It is imperative to get in touch with an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.

Preparing for Trial

The process of preparing for a trial begins prior to the trial date and the legal teams analyze the evidence and develop their theories. They must then identify all witnesses and prepare questions for them. They must also gather all exhibits which will be used during the trial. They will also have to prepare jury instructions. All of this is vital for presenting a successful claim and to secure compensation for victims.

A birth injury that is caused by a medical error can cause a profound impact on the family. Children who suffer from these injuries require the ongoing care of a medical professional and services. Families may need assistance paying for therapies, treatments, and specialized equipment. A skilled New Mexico birth injury attorney can help families obtain financial compensation that can help pay for these needs.

In order to file a lawsuit for birth injury, a family has to prove that the doctor or medical professional did not provide the treatment that a reasonable medical professional under similar circumstances would have given. This is referred to as medical malpractice. To prove medical malpractice, the victim needs to establish four elements: duty, breach of duty, causation, and damages.

A lot of medical mistakes that cause birth injuries are caused by simple errors, like incorrect diagnosis or treatment of prenatal complications. Some are more complex like shoulder dystocia, which is a condition that can lead to total or partial paralysis of the arm. Some birth injuries are only apparent later in childhood, as the child begins to miss developmental milestones.

Contacting a lawyer for birth injuries as soon as you can following the injury is important as otherwise, the initial statute of limitations (SOL) could expire. However, there are a few exceptions to the SOL that can prolong the time required to file a lawsuit. A skilled birth injury lawyer can explain the SOLs that are applicable to your particular case and provide the best time frame to file a lawsuit.

Expert testimony is usually required to demonstrate that the doctor's care was not in line with the standards for their specialty. Miller Weisbrod Olesky is a medical malpractice firm that is certified which works with highly respected experts across the country to prove this in a birth injury claim.

How to Claim a Claim?

When a birth injury occurs, it can cause permanent and life-altering damages to the child parents, child, and family members. A successful lawsuit could result in compensation for medical expenses, income loss and pain and suffering. It can also help to pay for the cost of equipment and therapies that are specialized. A successful claim will require expert medical testimony proving that the doctor, the nurse or any other healthcare provider did not fulfill their duty of care and aggravated the child's injuries.

A New Mexico birth injury attorney can assist families in obtaining justice by filing a lawsuit against accountable healthcare providers or medical facility. It is crucial to know that medical malpractice lawsuits are subject to strict statutes of limitation. Lawyers can look over the details of the case to determine when the statute started to run, so that legal action can be taken before the statute expires.

In some cases, a doctor can be held accountable for birth injuries even if the medical error occurred during the time of birth. This type of negligence can be caused by a delay in diagnosing an illness in the mother, or improperly using forceps to deliver the baby, or even the failure of a Caesarean.

Birth injuries can also be the result of a absence or prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to determine if there are any accountable parties, including nurses, doctors, or hospitals. Most often these lawsuits are filed against the hospital where the negligent healthcare professional was employed.

It is not unusual for a defendant, or their attorney, to assert that there may be other reasons for the injuries suffered by a baby. 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 malpractice and that the medical professional's negligence or inability to act in a direct manner 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 determine that the healthcare provider's actions or inactions fell below the standard of care for similar situations. This is what led to the child's injuries. A successful claim could result in compensation for past and future medical costs as well as lost income, discomfort and pain, as well as other damages.