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The Work of a New Mexico Birth Injury Attorney

Many medical errors during the delivery can cause severe birth injuries for newborns. These injuries can lead to an entire lifetime of medical costs and care, which can cause financial hardship for families.

Birth injury claims require the same evidence as other malpractice claims. The medical professional must have violated his or her obligation to provide reasonable medical treatment. This is a complex task.

Create a Claim

The legal process in a birth injury claim begins with a thorough examination of the medical records of your child. These records could contain important information that proves the doctor was negligent. A competent attorney can determine the key pieces of evidence and collect other documents that can be used to support your claim.

The attorney will also work with one or more expert medical witnesses to prove that the doctor's actions were not up to the standard of care that would be expected of medical professionals working in the same field. An expert's testimony will help the jury understand how the doctor's actions or failure to act caused the injuries your child sustained.

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

Depending on the severity of your child's injuries, you may be entitled to damages, either punitive or exemplary. These additional damages are intended to penalize the medical professional at fault for their extreme carelessness or negligence and to deter others from acting in the same manner.

Many birth injuries are caused by medical errors during the birth of a baby. These errors can happen at any point during pregnancy however they are most 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 infant.

Some of the most common birth injuries are 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 total arm paralysis, and is typically caused by trauma to the brachial plexus during delivery. Often the condition can be prevented with proper treatment and intervention.

New Mexico law has strict statutes that limit the time you have to bring a lawsuit relating to medical malpractice. Attorneys can determine if your case qualifies for exemptions to these deadlines. If the statutes of limitations have expired, your case will be dismissed, even if you have a strong case. To ensure that your lawsuit is filed in time, it's important to contact a New Mexico attorney for birth injury as soon as you are able to.

Prepare for trial

The preparation for a trial starts prior to the date of trial and the legal teams examine the evidence and develop their theories. They then must identify all witnesses and prepare their questions. They should also prepare all exhibits to be used during the trial. They must also prepare jury instructions. All of this is essential to make a claim that is successful, and win compensation for the victims.

Birth injuries caused by a medical professional's mistake can result in life-altering consequences for families. Children who suffer injuries like this will require medical treatment and treatment throughout their lives. Families may need help paying for therapies, treatments, and equipment that is specialized. A skilled New Mexico birth injuries attorney birth injury can help families obtain compensation to cover these expenses.

In order to file a birth injury lawsuit the plaintiff's family must prove that their doctor or medical provider failed to provide the care that a reasonable medical professional would have provided under similar circumstances. Medical malpractice is what it is. To prove medical malpractice, the victim must establish four elements that include breach of duty, causation, and damages.

Many of the medical errors that result in birth injuries are merely mistakes like misdiagnosis and inadequate treatment of prenatal issues. Certain are more complicated such as shoulder dystocia that can cause partial or total arm paralysis. In some cases, birth injuries are only visible later in childhood, when the child starts missing developmental milestones.

Contacting a texas birth injury attorneys injury attorney as soon as you can following the injury is essential as otherwise, the statute of limitations (SOL) could run out. There are some exceptions to the SOL which can prolong the time frame to file a lawsuit. A knowledgeable birth injury lawyer can explain the SOLs that are applicable to your particular case and provide the best time frame for filing a suit.

Medical malpractice claims involving birth injuries usually require expert testimony to prove that the doctor's treatment fell below the standard of care in their field. Miller Weisbrod Olesky is a medical malpractice firm that is certified which works with highly respected experts across the country to prove this in a birth injuries claim.

Filing a Claim

A birth injury can have a permanent and life-altering impact on a child, parents and family. A successful claim could pay for future and present medical expenses, loss of income, and pain and suffering. It can also help to cover the costs of specialized equipment and therapies. A successful claim will require expert medical testimony proving that the doctor, nurse, or any other healthcare provider breached their duty of caring and caused the child's injuries.

A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve with a lawsuit filed against the accountable healthcare provider or medical facility. It is crucial to know that medical malpractice claims are subject to strict statutes of limitation. An attorney can look over the specifics of the case and determine the time when the statute of limitation was set to expire, in order for legal action to be initiated before it expires.

In certain instances doctors may be held responsible for birth injuries, even if medical negligence was not committed during the time of birth. This type of negligence may be the result of the delay in diagnosing or treating a maternal condition, improper use of forceps during the delivery or a failed Caesarean section.

A birth injury can be caused by absence or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case and identify possible responsible parties, which could include doctors, nurses and hospitals. Most often these lawsuits are brought against the hospital in which the negligent healthcare professional was employed.

It is not uncommon for a defendant to claim that there are other reasons for the baby's injuries like the genetic defect or fetal development issues. A New Mexico birth injuries attorney can help the victim's family to counter this argument by proving the existence of evidence of medical malpractice and that 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 will investigate the situation. They may also hire one or more medical experts to determine that the healthcare provider's actions or inactions were below the standard of care for a similar circumstance. This is what caused the child's injuries. A successful claim can recover compensation damages, which can include future and past medical expenses as well as loss of income as well as pain and suffering and Attorney for Birth Injury other damages.