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The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes in the delivery room cause serious birth injuries in newborns. These injuries can cause a lifetime of medical costs and treatment that deplete families' finances.
Birth injuries require the same proof requirements as other malpractice claims. The medical professional must have breached his or her duty to provide reasonable medical treatment. This is a difficult task.
Preparing a Claim
The legal process in a birth injury lawsuit begins with a thorough examination of your child's medical records. These documents contain a wealth of information that may demonstrate that the doctor's negligence was at fault. An experienced attorney can pinpoint the key pieces of evidence and also gather other documents that can be used to prove your claim.
The lawyer will also collaborate with one or more expert medical witnesses to prove that the doctor fell below the standards of care that would be expected from medical professionals working in the same field. Experts can help jurors to understand the reasons why the doctor's inability to act or his actions resulted in the injuries of your child.
If a medical professional is able to prove that your child's injuries resulted from the doctor's negligence, the next step is determining what damages your child will receive. This will include the future and past medical expenses as well as loss of earnings over the course of a year, and suffering and pain.
Depending on the severity of your child's injuries you could be eligible for damages for punitive or exemplary injuries. These additional damages are designed to penalize the at-fault medical professional for their recklessness or disregard and deter others from committing the same actions.
Medical errors made during the birth of a child are responsible for numerous birth injuries. These mistakes can occur anytime during pregnancy however they are most likely to occur during labor and delivery. When a medical professional commits malpractice, they can cause severe and permanent injuries to both the mother and infant.
Erb's Palsy, shoulder dystocia and brain damage are just a few of the most commonly occurring birth injuries. Erb's Palsy is a form of nerve damage that causes paralysis in the arm. It is usually caused by a trauma during birth to the brachial-plexus. Often this condition can be prevented by the right treatment and intervention.
New Mexico law has strict statutes that limit the amount of time you must make a claim for medical malpractice. Your attorney will determine if your case qualifies for an exception to these deadlines. If the statutes of limitations have been reached, your case will be dismissed even if you have an excellent case. To ensure that your lawsuit is filed on time, it is important to get in touch with an New Mexico attorney for birth injury as early as you can.
Prepare for the trial
Preparation for a trial begins prior to the trial date itself, as the legal teams review the evidence and develop their theories. They must then identify all witnesses and write questions for them. They must also gather all evidence that will be used during the trial. They also have to prepare jury instructions. All of this preparation is crucial for presenting a successful claim and winning compensation for the victims.
A birth injury that is caused by a medical error could cause a profound impact on the family. Children who suffer such injuries require medical attention and care throughout their lives. Families may need help paying for therapies, treatments, and specialized equipment. An experienced New Mexico birth injury attorney can assist families in obtaining the financial compensation needed to pay for these requirements.
To start a lawsuit for birth injuries, a family must prove that their doctor or medical provider failed to provide the care that a reasonable medical professional would have provided under similar circumstances. Medical malpractice is exactly what it is. To prove medical malpractice, the victim must establish four elements: duty, breach of duty, causation, and damages.
Many of the medical errors that cause birth injuries are based on simple mistakes, such as incorrect diagnosis or treatment of prenatal complications. Others are complex, such as shoulder dystocia, an issue that can lead to total or partial paralysis of the arm. Some birth injuries are only apparent later in childhood, when children begin to miss developmental milestones.
It is crucial to contact a birth injuries lawyer as soon as you can after the injury or the initial statute limitations (SOL) will expire. There are some exceptions to the SOL which may extend the time period to file a lawsuit. An experienced birth injury lawyer can provide specific SOLs that apply to your situation and suggest the appropriate timeframe to file a lawsuit.
Medical malpractice claims involving birth injuries typically involve expert testimony to prove that the doctor's care fell below the standard of care for their specialty. Miller Weisbrod Olesky is a qualified medical malpractice firm that works with highly regarded experts across the country to prove this in a birth injury case.
How to File a Claim
A birth injury can have a lasting and life-altering effect on the child, parents and family. A successful lawsuit could result in compensation for medical expenses, income loss, as well as pain and suffering. It can also help to pay for the cost of specialized equipment and therapies. A successful claim will require expert medical testimony proving that the doctor, the nurse or any other healthcare professional did not fulfill their duty of care and caused the child's injuries.
A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve through an action against the responsible medical professional or healthcare facility. It is crucial to remember that medical malpractice claims are subject to strict statutes. A lawyer can review details of the case to determine when the statute started to run and legal action can be taken before it expires.
In dallas birth injury attorney may be held accountable for birth injuries even if medical negligence wasn't present during the time of birth. This kind of negligence could be the result of an inability to diagnose or treating a maternal problem or a mishap with forceps during birth, or a failed Caesarean section.
A birth injury can also be the result of a insufficient or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to determine potential responsible parties, including nurses, doctors, and hospitals. These lawsuits are often filed against the institution where the healthcare professional who was negligent worked.
It is not uncommon for the defendant, or their attorney, to argue that there could be other causes for the injuries of a baby. This could be due to genetic issues or fetal development issues. A New Mexico birth injuries attorney can help the victim's family fight this argument by establishing the existence of evidence of medical malpractice, and that the actions of the doctor and his inaction directly resulted in the child's injuries.
Miller Weisbrod Olesky, a New Mexico birth injury attorney, can investigate the case. They can also engage one or more medical experts to prove that the healthcare provider's actions or inactions were below the standard of care for similar situations. This is what caused the child's injuries. A successful claim could result in compensation for damages, which could include past and future medical expenses and income loss as well as pain and suffering and other damages.
