The Work of a New Mexico Birth Injury Attorney

Many medical errors during the delivery can result in serious birth injuries in newborns. These injuries can cause a lifetime of medical expenses and medical care, which could drain the finances of families.

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

Preparing a Claim

The legal process for a birth injury case begins with a review of the medical records of your child. These records contain a wealth of evidence that can show that the doctor was negligent. An experienced lawyer will be able to identify key pieces of evidence and gather documents you can use to support your claim.

The attorney will also collaborate with one or more medical experts to establish that the doctor's actions didn't meet the standards of care required by professionals in the same field. An expert's testimony can help the jury understand the reasons why the doctor's actions or failure to act caused your child's injuries.

If a medical professional 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 the future and past medical expenses, loss of earnings over the course of a year and suffering and pain.

Depending on the severity of your child's injuries, you may be eligible for damages for punitive or exemplary injuries. These additional damages are designed to penalize the medical professional who was at fault for their reckless negligence or disregard and discourage others from acting in the same manner.

Medical errors that occur during the birth of a baby are the cause for numerous birth injuries. These errors can occur at any time during the pregnancy but are more likely to occur during labor and delivery. If a medical professional is guilty of malpractice, they can cause severe and permanent injuries to both the mother and baby.

Erb's Palsy, shoulder dystocia and brain damage are some of the most commonly occurring birth injuries. Erb's palsy is a form of nerve damage that results in partial or complete arm paralysis and is typically caused by trauma to the brachial plexus in birth. The condition can be prevented with the right treatment and intervention.

New Mexico law has strict statutes that limit the amount of time you must bring a lawsuit relating to medical malpractice. The attorney can determine whether your case is eligible for an exception to these deadlines. If the statutes of limitations have run out the case will be dismissed even if you have an excellent case. To ensure that your lawsuit is filed on time, it is important to get in touch with a New Mexico attorney for birth injury lawyer near me as soon as you can.

Prepare for Trial

The process of preparing for a trial begins before the trial date when the legal teams analyze the evidence and formulate their theories. They then must identify all witnesses and prepare their evidence. They must also compile all exhibits that will be used during 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 that is the result of the negligence of a medical professional could have life-altering consequences for a family. Children who suffer from injuries like this require a lifetime of medical care and treatments. Families may require assistance to pay for therapies, treatments, and specialized equipment. An experienced New Mexico birth injuries attorney can help families obtain compensation to cover these expenses.

In order to file a lawsuit for birth injuries, a family must prove that the doctor or medical professional didn't provide the kind of care that a reasonable medical professional under similar circumstances would have given. This is referred to as medical malpractice. To prove medical negligence, the person who suffered must prove four elements that include breach of duty, causation and damages.

Many of the medical errors that cause birth injuries stem from simple errors, such as incorrect diagnosis or treatment of prenatal complications. Some are more complex such as shoulder dystocia that can result in complete or partial arm paralysis. Some birth injuries are only apparent later in childhood, when a child starts to miss developmental milestones.

It is important to contact a birth injuries lawyer as soon as you can after the injury, or the initial statute of limitations (SOL) will run out. However, there are a few exceptions to the SOL that can extend the time for filing lawsuits. A knowledgeable birth injury lawyer can explain the SOLs that are applicable to your case and recommend an appropriate timeframe for filing a suit.

Expert testimony is usually required to prove that the doctor's treatment was not in line with the standards for their area of expertise. A reputable medical malpractice firm, like Miller Weisbrod Olesky works with highly-regarded experts around the country to prove these facts in a birth injury claims lawyers (watch this video) claim.

How to File a Claim

A birth injury can have a lasting and life-altering impact on a child, parents and family. A successful claim could provide compensation for medical expenses, income loss as well as suffering and pain. It may also cover the cost of special equipment and therapies. However the claim must be backed by expert medical evidence to prove that the nurse, doctor, or any other healthcare provider violated their duty of care and caused the child's injuries.

A New Mexico birth injury lawyer can help families receive the justice they deserve by filing a lawsuit against the accountable medical professional 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 and legal action can be taken prior to the expiration date.

In some instances, a doctor can be held liable for birth injuries, even if the medical negligence was not present 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 an unsuccessful Caesarean.

Other causes of a birth injury lawyers could be the lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to determine if there are any accountable parties, including nurses, doctors or hospitals. In most cases the 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 could be other causes for the baby's injuries, for instance, the genetic defect or fetal development issues. A New Mexico birth injuries attorney can help the victim's family counter this argument, by establishing the existence of evidence of medical malpractice and the professional's actions and inaction directly resulted in the child's injuries.

A New Mexico birth injury attorney lawyer lawyer at Miller Weisbrod Olesky can investigate the case and employ one or more expert medical witnesses to establish that a health care provider's actions or inability to act fell short of the standard of care in a similar situation and resulted in the child's injuries. A successful case could result in the payment of past and future medical expenses, lost income, discomfort and pain, and other damages.