The Work of a New Mexico Birth Injury Attorney

Sadly, many medical errors during delivery result in serious birth injuries for newborns. These injuries can cause the need for ongoing medical costs and treatment which drain families' funds.

Like all malpractice claims, birth injury cases require proving that the medical professional acted in breach of their duty to provide fair medical care. This is a complicated task.

Create a Claim

The legal process in a birth injury lawsuit begins with a review of your child's medical records. These records could contain important information that proves that the doctor was negligent. An experienced lawyer will be able to identify key pieces of evidence and gather documents that can be used to support your claim.

The attorney will also collaborate with one or more medical experts to prove that the doctor did not meet the standard of care that would be expected from a medical professional in the same specialty. Experts can help jurors understand the reasons why the doctor's inability to act or his actions resulted in the injuries of your child.

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

Based 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 punish the 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 of the baby. These mistakes can happen at any time during the pregnancy however, they are more likely to occur during labor and birth. If a medical professional commits malpractice, they can cause serious and lasting injuries to both the mother and baby.

Erb's palsy, shoulder dystocia, and brain damage are just a few of the most common birth injuries. Erb's palsy is a form of nerve injury that can cause partial or complete arm paralysis, and is typically caused by injury to the brachial plexus in delivery. Often the problem can be avoided with appropriate treatment and intervention.

New Mexico law has strict statutes of limitations that dictate a limited time period during which you can file a medical malpractice lawsuit. Your lawyer will determine if your claim is eligible to be exempt from these deadlines. Even the case is strong the case will be dismissed when the statute of limitations has expired. It is crucial to contact an New Mexico birth injury attorneys new york injury attorney immediately to ensure the timely filing of your lawsuit.

Preparing for Trial

The process of preparing for trial begins much before the trial date, as the legal teams review the evidence and formulate their theories of the trial. They must then determine the witnesses and prepare their questions. They will also need to gather all exhibits which will be used in the trial. They also have to prepare jury instructions. All of this preparation is essential for presenting a successful claim and obtaining a fair amount of compensation for victims.

A birth injury that is the result of an error by a medical professional can result in life-altering consequences for a family. Children who suffer from such injuries require a lifetime of medical care and services. Families may need financial assistance to pay for therapies, treatments, and specialized equipment. A skilled New Mexico birth injury attorney can help families obtain financial compensation that will pay for these expenses.

To file a lawsuit for birth injuries, the family must demonstrate that the medical provider didn't provide the kind of care that a reasonable medical professional under similar circumstances would have provided. Medical malpractice is what it is. To prove medical negligence, the person who suffered must establish four elements: duty, breach of duty, causation and damages.

Many of the medical errors that cause birth injuries stem from simple mistakes, such as misdiagnosis or improper treatment of prenatal complications. Certain are more complicated such as shoulder dystocia, which could result in total or new mexico birth injury attorney partial arm paralysis. Some birth injuries only become apparent after childhood, when children begin to fail to meet developmental milestones.

Contacting a birth injury attorney as early as you can after the injury is important in order to avoid the time frame when the statute of limitations (SOL) could run out. However, there are some exceptions to the SOL that may prolong the time required to file a lawsuit. A knowledgeable birth injury lawyer can explain the SOLs that apply to your case and recommend an appropriate timeframe for filing a suit.

Birth injuries typically require experts to prove that the doctor's care fell below the standard of care in their field. A medical malpractice company that is certified, like Miller Weisbrod Olesky is able to work with highly-respected experts across the country to prove these facts in an injury claim involving birth.

Filing a Claim

A birth injury can have a lasting and life-altering impact on a child, parents and family. A successful claim can offer compensation for future and current medical expenses, loss of income, and suffering and pain. It may also help cover the costs of specialized equipment and therapies. A successful claim will require expert medical testimony proving that the doctor, the nurse or any other healthcare professional did not fulfill 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 professionals or the healthcare facility. It is crucial to know that medical malpractice lawsuits are subject to strict statutes of limitations. Lawyers can look over the details of the case to determine when the statute started to run, so that legal action may be taken before it expires.

In certain instances doctors may be held accountable for birth injuries, even if the medical error did not occur during the time of birth. This type of negligence could result from a delay in diagnosing or treating a maternal condition or a mishap with forceps during the delivery, or a failed Caesarean section.

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 can examine the facts of a case to determine the parties who could be responsible, such as nurses, doctors, and hospitals. Often, these lawsuits are brought against the hospital in which the negligent healthcare professional was employed.

It is not unusual for a defendant, or their attorney, to argue that there are other causes for the injuries suffered by a baby. These include genetic defects or issues with fetal development. A New Mexico birth injury attorney can assist the family of the victim counter this argument by establishing that there was evidence of negligence and that the medical professional's negligence or inability to act in a direct manner caused the child's injuries.

Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to 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 situation. This is what caused the child's injuries. A successful claim could result in compensation damages, which can include future and past medical expenses, loss of income and pain and suffering and other damages.