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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes during delivery can cause serious birth injuries for infants. These injuries can cause an entire life of medical bills and care that deplete families' finances.

Birth injury claims require the same evidence as other malpractice claims. The medical professional must have acted in breach of his or her duty to provide a reasonable medical treatment. This is a complex undertaking.

Prepare a Claim





The legal process in a birth injury lawsuit starts with a thorough review of the medical records of your child. Accident Injury Lawyers may contain valuable information that proves the doctor was negligent. A qualified attorney can identify the most important evidence and collect other documents that can be used to back your claim.

The lawyer will also work with one or more expert medical witnesses to establish that the doctor did not meet the standards of care that would be expected by medical professionals working in the same specialty. Using an expert can assist the jury in understanding how the doctor's actions or failure to act caused the injuries your child sustained.

If a medical expert can prove that negligence by the doctor caused the injuries to your child The next step will be to determine the amount of damages your child is entitled to. This includes past and future medical expenses, lost earnings throughout the course of their lives and pain and suffering.

Based on the severity of your child's injuries, you may be entitled to punitive or exemplary damages. These additional damages are intended to punish the medical professional who was at fault for their utter inattention or carelessness, and deter other people from acting in the same manner.

Medical errors made during the delivery of a child are the reason for a variety of birth injuries. These mistakes can occur at any time during pregnancy however they tend to occur during the labor and delivery. If a medical professional is guilty of malpractice, they can cause serious and lasting injuries to both the mother and child.

Erb's Palsy, shoulder dystocia and brain damage are some of the most frequent birth injuries. Erb's palsy is a type of nerve damage that causes partial or total paralysis of the arm, and is usually caused by trauma to the brachial nerve plexus during delivery. This condition is often preventable by the proper treatment and intervention.

New Mexico law has strict statutes of limitations that impose a limited time period during which you are able to make a claim for medical malpractice. The attorney can determine whether your case qualifies for exceptions to these deadlines. If the statutes of limitation have run out, your case will be dismissed, even if you have an excellent case. It is crucial to speak with an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.

Preparing for Trial

Preparation for a trial begins much earlier than the date of trial when the legal teams review the evidence and develop their theories. Then, they have to identify all witnesses and prepare questions for them. They will also have to compile all exhibits to be used during the trial. They must also prepare jury instructions. All of this preparation is critical to presenting a winning claim and obtaining compensation for the victims.

A birth injury that is caused by a medical mistake can cause a profound impact on a family. Children who suffer injuries like this will need medical services and treatment for the rest of their lives. Families may need help paying for treatments, therapies and specialized equipment. A skilled New Mexico birth injuries attorney can assist families in obtaining the compensation needed to cover these costs.

To bring a lawsuit against a birth injury, a family has to show that the medical professional didn't provide the kind of care that a reasonable medical professional in similar circumstances would have given. This is known as medical malpractice. To prove this, the party who was injured must prove four elements such as duty of care, breach of that duty, causation, and damages.

Many of the medical errors that cause birth injuries are simple errors such as misdiagnosis and improper treatment of prenatal problems. Other complications are more complicated like shoulder dystocia. This is an illness that can lead to total or partial paralysis of the arm. In some cases birth injuries, they only become visible later in childhood, when the child starts missing developmental milestones.

Contacting a lawyer for birth injuries as soon as you can following the injury is essential in order to avoid the time frame when the initial statute of limitations (SOL) may expire. There are however some exceptions to the SOL that can prolong the time required to file a lawsuit. An experienced birth injury lawyer can provide specific SOLs applicable to your situation and suggest an appropriate timeline for filing a lawsuit.

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

How to Claim?

Birth injuries can have a lasting and life-altering effect on the child, parents and the family. A successful claim may offer compensation for future and current medical expenses, loss of income, and suffering and pain. It may also pay for specialized therapies and equipment. A successful claim requires an expert medical opinion that proves 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 by filing a lawsuit against the accountable medical professional or healthcare facility. It is crucial to remember that medical malpractice lawsuits have strict statutes. A lawyer can review details of the case to determine when the statute started to run and legal action may be taken before it expires.

In some instances, a doctor can be held accountable for birth injuries even if the medical error did not occur at the time of birth. This type of negligence may result from a delay in diagnosing or treating a maternal issue or the improper use of forceps during delivery or a failed Caesarean section.

Other causes of birth injury include the lack of oxygen to the brain during labor or prolonged labor. A New Mexico birth injury lawyer can examine the facts of a case to identify potential responsible parties, including nurses, doctors, and hospitals. These lawsuits are typically filed against the institution in which the healthcare professional who was negligent worked.

It is not uncommon for an individual defendant, or their attorney, to claim that there could be other reasons behind the injuries of a baby. These include genetic defects or fetal development issues. A New Mexico birth injury attorney can help the family of the victim counter this argument by establishing that there was evidence of negligence and that the medical professional's actions or failure to act on their own directly caused the child's injuries.

Miller Weisbrod Olesky, a New Mexico birth injury attorney, can investigate the case. They can also employ one or more medical experts to establish that the healthcare provider's actions or inactions fell below the standard care for similar situations. This is the reason for the child's injuries. A successful case can result in compensation for damages, which could include past and future medical expenses and income loss and pain and suffering and other damages.