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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical errors during delivery result in serious birth injuries for infants. These injuries can lead to an entire lifetime of medical costs and care, which can drain the finances of families.

Like all malpractice claims, birth injury cases must prove that the medical professional breached their duty to provide fair medical treatment. This is a complicated task.

Create a Claim

The legal procedure for a birth injury attorney lawyer lawsuit begins with an evaluation of the medical records of your child. These records could contain important information that proves that the doctor was negligent. An experienced attorney can pinpoint the most crucial evidence and gather other documents that can be used to back your claim.

The attorney 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 by a medical professional in the same field. An expert's testimony can help the jury understand how the doctor's actions, or failure to act led to the injuries suffered by your child.

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

Based on the extent of your child's injuries you may be legally entitled to damages for punitive or exemplary injuries. These additional damages are intended to penalize the at-fault medical professional for their extreme carelessness or negligence and discourage others from committing the same actions.

Medical errors made during the birth of a child are the reason for numerous birth injuries. These mistakes can occur at any time during pregnancy but are most likely to occur during labor and delivery. Medical malpractice can result in permanent and serious injuries to both mother and child.

The most frequent birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's Palsy is a kind of nerve injury that can cause partial or complete arm paralysis, and is typically caused by injury to the brachial nerve plexus during delivery. The condition is usually preventable by the proper 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 qualifies for exemptions to these deadlines. Even if your case is strong, it will be dismissed in the event that the statute of limitations has expired. It is critical to contact an New Mexico birth injury attorney immediately to ensure the timely filing of your lawsuit.

Prepare for trial

The process of preparing for trial begins much ahead of the trial date, as the legal teams survey the evidence and establish their theories of the trial. Then, they must determine the witnesses and prepare questions for them. They will also need to gather all evidence that will be used in the trial. They will also need to prepare jury instructions. All of this is vital to make a claim that is successful, and win compensation for the victims.

A birth injury caused by an error by a medical professional can have life-altering consequences for a family. Children who suffer injuries like this require medical attention and treatment throughout their lives. Families may require financial assistance to cover the cost of therapies as well as treatments and equipment. An experienced New Mexico birth injury attorney can help families obtain financial compensation that will help pay for these needs.

To file a birth injury attorneys near me lawsuit the family must show that their medical provider or doctor failed to provide the care that reasonable medical professionals would have provided under similar circumstances. This is referred to as medical malpractice. To prove medical malpractice, the injured party must prove four elements that include breach of duty, causation and damages.

Many medical errors that result in birth injuries are simple mistakes like misdiagnosis and inadequate treatment of prenatal problems. Other complications are more complicated like shoulder dystocia, which is a condition which can result in complete or partial arm paralysis. In some instances, birth injuries are only evident later in childhood when the child starts missing developmental milestones.

It is important to contact a birth injury lawyer as soon as you can after the injury lawyers or the initial statute limitations (SOL) will expire. There are exceptions to the SOL which may prolong the time frame to file a lawsuit. A knowledgeable birth injury attorney will explain the specific SOLs that apply to your situation and suggest the appropriate timeframe for filing a lawsuit.

Birth injuries typically involve experts to prove that the doctor's care fell below the standard of care in their field. A qualified medical malpractice firm, like Miller Weisbrod Olesky is able to work with highly-regarded experts around the country to prove these facts in a birth injury claim.

Making a Claim

When a birth injury occurs it can cause irreparable and life-altering damage to the child, parents, and family members. A successful claim may provide compensation for medical expenses, income loss and suffering and pain. It can also help to cover the costs of equipment and therapies that are specialized. A successful claim requires an expert medical opinion that proves 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 attorneys attorney can assist families to obtain the justice they deserve by filing a lawsuit against accountable medical provider or healthcare facility. It is crucial to remember that medical malpractice lawsuits have strict statutes. Lawyers can look over the details of the case to determine when the statute began to run, so that legal action may be taken before it expires.

In some cases doctors can be held accountable for a birth injury even if the medical negligence did not occur at the time of birth. This type of negligence could result from the delay in diagnosing the maternal condition, or by not properly using forceps to deliver the baby or even a failed Caesarean.

Other causes of birth injury could be the lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury lawyer will review the details of a case to determine the parties who could be responsible, such as doctors, nurses and hospitals. These lawsuits are typically filed against the hospital where the healthcare professional who was negligent worked.

It is not uncommon for a defendant to argue that there could be other causes for the baby's injuries like genetic defects or fetal developmental issues. A New Mexico birth injury attorney can assist the victim and their family to counter this argument by proving 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.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more medical experts to prove that a healthcare provider's decision or failure to act fell short of the standard of care in a similar scenario and caused the child's injuries. A successful claim can recover compensation damages, which can include past and future medical expenses as well as loss of income, pain and suffering, and other damages.