The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical errors during the delivery process can cause serious birth injuries for infants. These injuries can lead to an entire life of medical costs and treatment that drain families' budgets.

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

Prepare a Claim

The legal process in a birth injury case starts with a thorough review of your child's medical records. These documents contain a wealth of evidence that can prove the doctor acted negligently. A competent attorney can determine the most important evidence and collect other documents that can be used to prove your claim.

The lawyer will also work with one or more expert medical witnesses to prove that the doctor's actions were not up to the standards of care that would be expected of a medical professional in the same field. Experts can help jurors understand the reason why the doctor's omission to act or conduct led to the injuries of your child.

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

You may be entitled to punitive damages or exemplary damage dependent on the severity of the injuries that your child sustained. These additional damages are intended to punish the at-fault medical professional for their carelessness or negligence and discourage others from doing the same.

Many birth injuries result from medical mistakes during the delivery of an infant. These errors can happen at any time during pregnancy but tend to occur during the delivery process. Medical malpractice can lead to permanent and serious injuries to both the mother and the child.

The most frequent birth injuries are shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's palsy is a form of nerve damage that causes partial or complete arm paralysis and is typically caused by trauma to the brachial plexus in birth. The condition is usually preventable with the correct treatment and intervention.

New Mexico law has strict statutes of limitations that dictate the time frame within which you are able to bring a medical malpractice lawsuit. The lawyer will determine if your case qualifies for an exception to these deadlines. If the statutes of limitations have been reached, your case will be dismissed, even if have a strong case. To ensure that your lawsuit is filed in time, it is essential to speak with an New Mexico attorney for birth injury as soon as you can.

Prepare for the trial

The work of preparing for a trial begins ahead of the trial date, when legal teams review the evidence and formulate their theories of the case. They must then identify all witnesses and prepare their evidence. They will also need to gather all exhibits which will be used during the trial. They will also have to prepare jury instructions. All of this preparation is critical to presenting a successful claim and obtaining a fair amount of compensation for victims.

A fort collins birth injury attorney injury caused by a medical mistake can cause a profound impact on families. Children who suffer from such injuries require the ongoing care of a medical professional and services. Families may need financial assistance to pay for therapies or treatments as well as specialized equipment. A skilled New Mexico birth injury attorney can assist families in obtaining the financial compensation needed to pay for these requirements.

To file a birth injury lawsuit, a family must prove that their doctor or medical provider failed to provide the treatment that a reasonable medical professional would have provided under similar circumstances. Medical malpractice is what it is. To prove medical negligence, the person who suffered needs to establish four elements such as breach of duty, causation and damages.

Many of the medical errors that cause birth injuries are based on simple mistakes, such as the wrong diagnosis or inadequate treatment for prenatal complications. Some are more complex, such as shoulder dystocia, an illness which can result in total or partial arm paralysis. Some birth injuries only become apparent later in childhood, as a child starts to miss developmental milestones.

Contacting a birth injury attorney as soon as you can after the injury is essential, otherwise the statute of limitations (SOL) could run out. However, there are a few exceptions to the SOL that may extend the time for filing lawsuits. A knowledgeable birth injury attorneys new york injury lawyer can explain the SOLs that apply to your situation and suggest an appropriate timeframe to file a lawsuit.

Expert testimony is usually required to demonstrate that the doctor's care fell below the standard for their area of expertise. A reputable medical malpractice firm, like Miller Weisbrod Olesky is able to work with highly-regarded experts around the country to establish the facts of a birth injury claim.

How to File a Claim

When a birth injury occurs it could cause lasting and life-altering injuries to the child, parents, and family. A successful claim can provide compensation for current and future medical expenses, income loss as well as suffering and pain. It can also pay for specialized therapies and equipment. However, a successful claim requires expert medical testimony to establish that the nurse, doctor or any other healthcare professional breached their duty of care and caused the child's injuries.

A New Mexico birth injury attorney can assist families to obtain the justice they deserve by filing a lawsuit against responsible medical provider or healthcare facility. It is crucial to understand that medical malpractice claims are subject to strict statutes of limitation. Lawyers can examine the specifics of the case to determine when the statute started to run in order that legal action may be taken before the statute expires.

In some cases, a doctor can be held liable for birth injuries, even if the medical error birth injury case was not present at the time of birth. This kind of negligence could result from a delay in diagnosing the maternal condition, or by not properly using forceps to deliver the baby or even a failed Caesarean.

A birth injury could also be the result of a lack or 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. These lawsuits are often brought against the hospital where the healthcare professional who was negligent worked.

It is not unusual for an individual defendant, or their attorney, to claim that there are other causes for the injuries of a baby. This could be due to genetic issues or fetal development issues. A New Mexico birth injuries attorney can help the victim's family to counter this argument by establishing there was evidence of medical malpractice and the actions of the medical professional and their inaction directly led in the child's injuries.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more expert medical witnesses to prove that a healthcare provider's decision or failure to act fell short of the standard of care in a similar situation and resulted in the child's injuries. A successful claim could result in compensation for past and future medical expenses, lost income, discomfort and pain, as well as other damages.