The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes in the delivery room cause serious birth injuries in newborns. These injuries can result in a lifetime of medical expenses and treatment, which can drain the finances of families.

Like all malpractice claims, birth injuries require proving that the medical professional breached their duty to provide fair medical care. This is a complex task.

Prepare a Claim

The legal process for a birth injury claim starts with a thorough review of your child's medical records. These documents could contain valuable information that proves that the doctor was negligent. A qualified lawyer will be able to find the most important evidence, and also collect documents can be used to support your claim.

The lawyer will also collaborate with one or more expert medical witnesses to establish that the doctor's actions were not up to the standard of care that should be expected of medical professionals in the same specialty. Using an expert can help the jury understand how the doctor's actions, or failure to act led to your child's injuries.

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

Based on the severity of your child's injuries you may be legally entitled to damages, either punitive or exemplary. These additional damages are intended to penalize the at-fault medical professional for their carelessness or negligence and discourage others from acting similarly.

Many birth injuries are the result of medical errors during the birth injury attorney near me of the baby. These mistakes can occur at any point during pregnancy but are most likely to occur during the delivery process. When a medical professional commits error, it can lead to serious and lasting injuries to both the mother and baby.

The most frequent birth injuries are shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's Palsy is one of the forms of nerve damage that causes arm paralysis. It is typically caused by a trauma during birth to the brachial-plexus. The condition can be prevented with the correct treatment and treatment.

New Mexico law has strict statutes of limitations that dictate the time frame within which you are able to make a claim for medical malpractice. The attorney can determine whether your case is eligible for an exception to these deadlines. If the statutes of limitation have expired, your case will be dismissed, even if have an excellent case. To ensure that your lawsuit is filed in time, it's important to speak with a New Mexico attorney for birth injury as early as you can.

Preparing for trial

The preparation for a trial starts much earlier than the date of trial and the legal teams review the evidence and form their theories. Then, they have to identify all witnesses and prepare questions for them. They will also need to gather all exhibits that will be used in the trial. They also need to prepare jury instructions. All of this preparation is critical to presenting a successful claim and obtaining compensation for the victims.

A birth injury that is caused by a medical error could be life-altering for a family. Children who suffer from such injuries will need medical services and treatment for the rest of their lives. Families may require financial assistance to pay for therapy or treatments as well as specialized equipment. A skilled New Mexico birth injuries attorney can help families obtain the compensation needed to cover these costs.

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

Many medical mistakes that result in birth injuries are simple mistakes such as misdiagnosis and improper treatment of prenatal issues. Some are more complex, such as shoulder dystocia. This is a condition which can result in total or partial paralysis of the arm. Some birth injuries only become apparent later in childhood, when the child begins to delay developmental milestones.

It is important to contact a birth injuries lawyer as soon as you can after the injury, or the initial statute limitations (SOL) will expire. There are however some exceptions to the SOL which can prolong the time to file lawsuits. A knowledgeable birth injury attorney washington county injury lawyer can explain the SOLs that apply to your case and recommend the best time frame to file a lawsuit.

Expert testimony is often required to demonstrate that the doctor's care was not up to par with the standards of their specialty. A reputable medical malpractice firm, like Miller Weisbrod Olesky works with highly-respected experts across the country to prove the facts of a birth injury claim.

Filing a Claim

When a birth injury occurs it can cause lasting and life-altering injuries to the child parents, child, and family. A successful claim could offer compensation for future and current medical expenses, income loss, and pain and suffering. It could also cover the cost of specialized therapies and equipment. However, a successful 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 help families get the justice they deserve by making a claim against responsible medical provider or healthcare facility. It is important to note that medical malpractice claims are subject to strict statutes. An attorney can look over the details of the case and determine when the statute of limitations began to expire so that legal action can be initiated prior to the expiration date.

In certain instances, doctors can be held responsible for birth injuries even if medical negligence wasn't present at the time of delivery. This kind of negligence could result from a delay in diagnosing a maternal condition or improperly using forceps to deliver the baby or even an unsuccessful Caesarean.

Other causes of a birth injury are 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 identify possible responsible parties, like nurses, doctors or hospitals. Often the lawsuits are brought against the hospital in which the healthcare professional who was negligent was employed.

It is not unusual for a defendant, or their attorney, to argue that there are other reasons for the injuries of a baby. These include genetic defects or issues with fetal development. A New Mexico birth injury attorney can assist the family and the victim argue against this claim 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 establish that a healthcare provider's decision or failure to act fell below the standard of care in a similar circumstance and resulted in the child's injuries. A successful claim can recover compensation damages, which can include future and past medical expenses, loss of income and pain and birth injury claim suffering and other damages.