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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical errors during delivery can cause serious birth injuries for infants. These injuries can cause a lifetime of medical expenses and medical care, which could drain the finances of families.

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

Create a Claim

The legal process for a birth injury case begins with a thorough examination of your child's medical records. These documents may contain valuable information that proves that the doctor was negligent. A qualified lawyer will be able to identify key pieces of evidence, and collect documents you can use to support your claim.

The lawyer will work closely with one or more medical experts to prove that the doctor's actions did not meet the standard of care required by professionals in the same field. An expert can help the jurors understand how the doctor's failure to act or his actions caused the injuries to your child.

If a medical expert can prove that the doctor's negligence caused your child's injuries, the next step will be to determine the damages your child is entitled to. This includes past and future medical expenses, lost earnings over a lifetime and suffering and pain.

Depending on the extent of your child's injuries you may be eligible for damages for punitive or exemplary injuries. These additional damages are intended to punish the medical professional for their recklessness or inattention, and to deter others from committing the same actions.





Many birth injuries are the result of medical errors during the birth of an infant. These mistakes can occur at any time during the pregnancy but are more likely to occur during labor and delivery. If a medical professional commits error, it can lead to severe and permanent injuries to both the mother and child.

Some of the most common types of birth injuries include 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 paralysis of the arm, and is usually caused by trauma to the brachial plexus during the birth. The condition can be prevented with the correct treatment and intervention.

New Mexico law has strict statutes of limitation that stipulate the time frame within which you can bring a medical malpractice lawsuit. The lawyer will determine if your case is eligible for an exception to these deadlines. If the statutes of limitation have been reached the case will be dismissed, even if you have a strong case. It is imperative to speak with an New Mexico birth injury attorney promptly to ensure the timely filing of your lawsuit.

Prepare for the trial

The preparation for trial begins much before the trial date, when legal teams review the evidence and establish their theories about the trial. They must then identify all witnesses and prepare their evidence. They should also collect all exhibits which will be used in the trial. They must also prepare jury instructions. All of this preparation is essential to presenting a winning claim and winning compensation for victims.

A birth injury caused by a medical error can be life-altering for the family. Children who suffer from injuries like this require the ongoing care of a medical professional and assistance. Families may require assistance to pay for therapies, treatments, and equipment that is specialized. An experienced New Mexico birth injury attorney can help families obtain financial compensation that can pay for these needs.

In order to bring a birth injury lawsuit the family must show that their medical provider or doctor failed to provide the treatment that a reasonable medical professional would have given in similar circumstances. This is referred to as medical malpractice. To prove this, the party who was injured must prove four elements that include duty of care, breach of that duty, causation, and damages.

Many of the medical errors that result in birth injuries stem from simple mistakes, such as incorrect diagnosis or treatment of prenatal complications. Some are more complex such as shoulder dystocia, which can cause partial or total arm paralysis. Some birth injuries only become apparent later in childhood, as children begin to miss developmental milestones.

It is important to contact a birth injury lawyer as soon as possible after the injury or the initial statute limitations (SOL) will run out. There are exceptions to the SOL which may extend the time period to file a lawsuit. birth trauma attorneys can explain the specific SOLs that apply to your case and recommend an appropriate timeline to file a lawsuit.

Expert testimony is usually required to prove that the doctor's treatment fell below the standard for their field of expertise. A qualified medical malpractice firm such as Miller Weisbrod Olesky is able to work with highly-respected experts across the country to prove the facts of an injury claim involving birth.

How to Claim?

If a birth injury occurs it could cause irreparable and life-altering damage to the child, parents, and family. A successful claim could pay for future and current medical expenses, loss of income, and suffering and pain. It may also cover the cost of specific therapies and equipment. However, a successful claim requires medical expert testimony to prove that the doctor, nurse, or other healthcare provider breached their duty of care 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 provider or healthcare facility. It is crucial to remember that medical malpractice claims are subject to strict statutes. Lawyers can examine the specifics of the case to determine when the statute started to run, so that legal action may be taken prior to the expiration date.

In some instances, a doctor can be held accountable for birth injuries even if the medical negligence occurred at the time of delivery. This type of negligence could be caused by an inability to diagnose an illness in the mother, or improperly using forceps to deliver the baby or even an unsuccessful Caesarean.

Other causes of birth injury could be an insufficient supply of oxygen to the brain during labor or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case and identify the parties who could be responsible, such as nurses, doctors and hospitals. In most cases these lawsuits are filed against the hospital where the negligent healthcare professional was employed.

It is not unusual for defendant to claim that there are other possible causes for the baby's injuries like the genetic defect or fetal development issues. A New Mexico birth injuries attorney can assist the family of the victim counter this argument, by proving there was evidence of medical malpractice and the actions of the medical professional and their inaction directly resulted in the child's injury.

Miller Weisbrod Olesky, a New Mexico birth injury attorney, can examine the case. They can also engage one or more medical experts to prove that the healthcare provider's actions or inactions were short of the standard of care for similar situations. This is what led to the child's injuries. A successful case could result in the payment of past and future medical expenses, lost income, pain and discomfort, and other damages.