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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes in the delivery room result in serious birth injuries in newborns. These injuries can result in a lifetime of medical expenses and care, which can cause financial hardship for families.

Like all malpractice claims, birth injury cases require proving that the medical professional violated their obligation to provide reasonable medical care. This is a complex undertaking.

Preparing a Claim

The legal process for a birth injury lawsuit begins by analyzing the medical records of your child. These documents contain a wealth of evidence that can prove the doctor acted negligently. A competent attorney can determine the most crucial evidence and gather other documents that can be used to prove your claim.

The lawyer will also work with one or more medical experts to prove that the doctor's actions were not up to the standards of care that would be expected from medical professionals working in the same specialty. A medical expert can assist the jury in understanding how the doctor's actions or inaction led to the injuries suffered by your child.

If a medical professional can prove that negligence on the part of the doctor caused your child's injuries the next step would be to determine the damages your child is entitled to. This includes past and future medical costs and lost earnings over a lifetime and pain and suffering.

Depending on the severity of your child's injuries you could be eligible for punitive or exemplary damages. These additional damages are designed to penalize the at-fault medical professional for their extreme carelessness or inattention, and to deter others from doing the same.

Many birth injuries are the result of medical errors during the delivery of the baby. These mistakes can happen anytime during pregnancy however they are most likely to happen during the labor and delivery. When a medical professional commits error, it can lead to grave and long-lasting injuries to both the mother and infant.

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 type of nerve injury attorneys that can cause partial or total arm paralysis, and is usually caused by injury to the brachial nerve plexus during the birth. In most cases the problem can be avoided with the right treatment and intervention.

New Mexico law has strict statutes of limitations that dictate a limited time period during which you can make a claim for medical malpractice. Attorneys can determine if your case is eligible for exceptions to these deadlines. Even the case is strong, it will be dismissed if the statute of limitations has run out. It is critical to contact a New Mexico birth injury attorney immediately to ensure timely filing of your lawsuit.

Preparing for the Trial

The preparation for a trial starts prior to the date of trial when the legal teams review the evidence and develop their theories. Then, they have to determine the witnesses and prepare questions for them. They will also have to compile all exhibits to be used during the trial. They will also have to prepare jury instructions. All of this preparation is essential to presenting a successful claim and obtaining a fair amount of compensation for the victims.

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

In order to file a birth injury lawsuit, a family must prove that their doctor or medical provider did not provide the kind of care that an experienced medical professional would have provided under similar circumstances. Medical malpractice is exactly what it is. To prove medical negligence, the person who suffered must establish four elements: duty, breach of duty, causation and damages.

Many of the medical mistakes that cause birth injuries are based on simple errors, like the wrong diagnosis or inadequate treatment for prenatal complications. Other complications are more complicated such as shoulder dystocia, an illness which can result in total or partial paralysis of the arm. Some birth injuries only show up later in childhood, as a child starts to miss developmental milestones.

It is crucial to contact a birth injury lawyer near me injury as soon as you can after the best injury lawyer near me, or the initial statute limitations (SOL) will expire. However, there are a few exceptions to the SOL that may prolong the time to file a lawsuit. A knowledgeable birth injury attorney will explain the specific SOLs applicable to your case and recommend the appropriate timeframe for filing an action.

Medical malpractice claims involving birth injuries usually require experts to prove that the medical professional's treatment was below the standards of care for their specialty. A qualified medical malpractice firm such as Miller Weisbrod Olesky is able to work with highly-regarded experts around the country to prove these facts in a birth injury claim.

How to File a Claim

When a birth injury occurs it could cause irreparable and life-altering damage to the child parents, child, and family members. A successful lawsuit could result in reimbursement for medical expenses and income loss and suffering and pain. It may also help pay for the cost of specialized equipment and therapies. However an effective claim requires medical expert testimony to prove that the nurse, doctor or any other healthcare professional violated their duty of care and caused the child's injuries.

A New Mexico birth injury attorney can assist families to obtain the justice they deserve by making a claim against responsible healthcare providers or medical facility. It is crucial to be aware that medical malpractice claims are subject to strict statutes of limitation. A lawyer can review the specifics of the case and determine the time when the statute of limitation began to run to ensure that legal action can be initiated prior to the expiration date.

In some instances doctors may be held liable for a birth injury even if the medical negligence occurred at the time of delivery. This kind of negligence could be caused by an inability to diagnose a maternal condition or incorrectly using forceps to deliver the baby, or even a failed Caesarean.

Other causes of a birth injury include an insufficient supply of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury lawyers near me lawyer can examine the facts of a case to determine possible responsible parties, which could include nurses, doctors, and hospitals. These lawsuits are typically brought against the hospital where the negligent healthcare professional worked.

It is not uncommon for a defendant to claim that there could be other reasons for the baby's injuries, like the genetic defect or fetal development issues. A New Mexico birth injury injurys attorney near me can assist the family of the victim argue against this claim by proving that there was evidence of negligence and that the medical professional's negligence or inability to act directly caused the child's injuries.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more expert medical witnesses to establish that a health care provider's decision or failure to act fell short of the standard of care in a similar situation and caused the child's injuries. A successful case can result in compensation damages, which can include past and future medical expenses, loss of income, pain and suffering, and other damages.