The Work of a New Mexico Birth Injury Attorney

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

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

Prepare a Claim

The legal procedure for a birth injury lawsuit begins with a review of the medical records of your child. These documents contain a wealth of information that could prove the doctor acted negligently. An experienced attorney can pinpoint the key pieces of evidence and gather other documents that can be used to support your claim.

The attorney will work closely with one or more medical experts to prove that the doctor's actions didn't adhere to the standards of care required by a professional in the same field. A medical expert can help jurors understand how the doctor's failure to act or his actions caused the injuries to your child.

If the medical expert can establish that the doctor's negligence caused the injuries to your child, the next step will be to determine the damages your child is entitled to. This will include past and future medical expenses and loss of earnings over the course of a year and suffering and pain.

You may be entitled to damages for punitive or exemplary in proportion to the severity of the injuries your child sustained. These additional damages are designed to punish the medical professional for their carelessness or negligence and discourage others from doing the same.

Medical mistakes made during the delivery of a child are responsible for a variety of birth injuries. These mistakes can happen at any time during pregnancy however they are most likely to happen during the labor and delivery. If a medical professional is guilty of negligence, it could cause grave and long-lasting injuries to both the mother and baby.

Erb's Palsy, shoulder dystocia and brain damage are a few of the most commonly occurring birth injuries. Erb's palsy is a form of nerve injury that can cause partial or total paralysis of the arm, and is typically caused by injury to the brachial plexus in birth. The condition can be prevented with the correct 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. Your attorney will determine if your case is eligible for an exception to these deadlines. Even the case is strong the case will be dismissed if the statute of limitations has run out. It is critical to contact a New Mexico birth injury attorney as soon as possible to ensure the timely filing of your lawsuit.

Preparing for Trial

Preparation for a trial begins much earlier than the trial date itself when the legal teams analyze the evidence and form their theories. Then, they have to determine the witnesses and prepare questions for them. They must also gather all exhibits that will be used in the trial. They will also have to prepare jury instructions. All of this preparation is crucial to presenting a successful claim and obtaining a fair amount of compensation for the victims.

A birth injury caused by an error by a medical professional can result in life-altering consequences for families. Children who suffer from such injuries will need medical services and treatment throughout their lives. Families may need help paying for therapies, treatments, and equipment that is specialized. An experienced New Mexico birth injury attorney can assist families in obtaining financial compensation that can help pay for these requirements.

To file a birth injury lawsuit the family must show that their doctor or medical provider failed to provide the care that reasonable medical professionals would have given in similar circumstances. Medical malpractice is exactly what it is. To prove this, the injured party must establish four elements such as duty of care, breach of this duty, causation, as well as damages.

Many medical errors that cause birth injuries are simple errors such as misdiagnosis and improper treatment of prenatal problems. Some are more complex such as shoulder dystocia, which can cause partial or total arm paralysis. Some birth injuries only show up later in childhood, when children begin to miss developmental milestones.

It is crucial to contact a birth injury lawyer as soon as you can after the injury or the initial statute of limitations (SOL) will expire. However, there are some exceptions to the SOL which can prolong the time to file a lawsuit. A knowledgeable birth injury attorney can explain the specific SOLs that apply to your situation and suggest an appropriate time frame to file an action.

Expert testimony is often required to prove that the doctor's treatment fell below the standard for their field of expertise. A medical malpractice company that is certified like Miller Weisbrod Olesky works with highly-respected experts across the country to prove the facts of a birth injury attorney near me claim.

How to File a Claim

When a birth injury occurs it can cause permanent and life-altering damages to the child parents, child, and family. A successful lawsuit could result in compensation for medical expenses and income loss and suffering and pain. It could also be used to pay for specialized therapies and equipment. A successful claim requires expert medical testimony proving that the doctor, the nurse or any other healthcare professional breached their duty of caring and aggravated the child's injuries.

A New Mexico birth injury attorney can assist families in obtaining the justice they deserve by filing a lawsuit against the responsible healthcare providers or medical facility. However, it is important to be aware that medical malpractice claims are subject to strict statutes of limitations. A lawyer can review the specifics of the case and determine the time when the statute of limitation began to expire so that legal action can be initiated prior to the expiration date.

In certain instances doctors may be held liable for a birth injury even if the medical negligence occurred at the time of birth. This type of negligence can 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 a birth injury could be the lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury lawyer injury near me can review the facts of a case to identify possible responsible parties, which could include nurses, doctors and hospitals. In most cases these lawsuits are filed against the hospital where the healthcare professional who was negligent was employed.

It is not uncommon for defendant to argue that there are other possible causes for the baby's injuries, such as genetic defects or fetal developmental issues. A New Mexico birth injury attorney can help the victim and their family counter this argument by establishing that there was evidence of malpractice and that the medical professional's negligence or inability to act in a direct manner caused the child's injuries.

A New Mexico birth injury lawyers near me lawyer near me injury at Miller Weisbrod Olesky can investigate the case and appoint one or more expert medical witnesses to prove that a healthcare provider's actions or inability to act was not up to the standard of care in a similar circumstance and resulted in the child's injuries. A successful claim can recover compensation for damages, which could include future and past medical expenses, loss of income as well as pain and suffering and other damages.