The Work of a New Mexico Birth Injury Attorney

Many medical errors in the delivery room lead to serious birth injuries in newborns. These injuries can cause a lifetime of medical expenses and treatment, which can cause financial hardship for families.

Birth injuries require the same evidence as other malpractice claims. The medical professional must have acted in breach of his or her duty to provide reasonable medical care. This is a difficult task.

Prepare a Claim

The legal procedure for a birth injury lawsuit begins with an evaluation of the medical records of your child. These records contain a wealth of evidence that can prove the doctor acted negligently. A qualified attorney can identify the key pieces of evidence and collect other documents that can be used to prove your claim.

The attorney will also work with one or more expert medical witnesses to prove that the doctor fell below the standard of care that would be expected from medical professionals working in the same specialty. Using an expert can assist the jury in understanding how the doctor's actions or failure to act led to your child's injuries.

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

Based on the severity of your child's injuries you could be entitled to damages, either punitive or exemplary. These additional damages are meant to punish the medical professional who was at fault for their extreme negligence or disregard, and deter other people from acting in a similar manner.

Many birth injuries are caused by medical errors during the birth of a baby. These mistakes can occur at any time during pregnancy, but they are most likely to happen during labor and delivery. If a medical professional commits malpractice, they can cause severe and permanent injuries to both the mother and child.

Erb's shoulder dystocia, palsy and brain damage are a few of the most common tennessee birth injury attorneys injuries. Erb's Palsy is a kind of nerve damage that results in partial or total arm paralysis, and is typically caused by injury to the brachial nerve plexus during birth. In most cases, this condition can be prevented with appropriate treatment and intervention.

New Mexico law has strict statutes of limitations that impose a limited time period during which you can bring a medical malpractice lawsuit. Your lawyer will determine if your case qualifies for an exemption to these deadlines. Even if your case is strong it could be dismissed if the statute of limitations has expired. To ensure that your lawsuit is filed on time, it is essential to contact a New Mexico attorney for birth injury as early as you can.

Prepare for trial

The process of preparing for a trial begins earlier than the actual trial date, when legal teams review the evidence and establish their theory of the case. They then must identify all witnesses and prepare their evidence. They will also need to gather all evidence that will be used in the trial. They must also prepare jury instructions. All of this is vital for presenting a successful claim and secure compensation for victims.

A birth injury caused by the negligence of a medical professional could result in life-altering consequences for families. Children who suffer injuries like this require medical attention and care throughout their lives. Families may need help paying for treatments, therapies, and specialized equipment. A skilled New Mexico birth injury attorney can help families obtain financial compensation that can help pay for these expenses.

In order to file a birth injury lawsuit the plaintiff's family must prove that their medical provider or doctor did not provide the kind of care that an experienced medical professional would have given in similar circumstances. This is known as medical malpractice. To prove medical malpractice, the victim needs to establish four elements: duty, breach of duty, causation and damages.

Many medical mistakes that cause birth injuries are simple errors like misdiagnosis or improper treatment of prenatal issues. Others are complex, such as shoulder dystocia, a condition that can lead to partial or total arm paralysis. In some cases birth injuries are only evident later in childhood when the child starts missing developmental milestones.

Contacting a lawyer for birth injuries as soon as you can after the injury is important in order to avoid the time frame when the initial statute of limitation (SOL) could run out. There are exceptions to the SOL that can extend the time limit for filing a suit. A skilled birth injury lawyer can explain the SOLs that apply to your case and recommend a timeline for filing a suit.

Medical malpractice claims involving birth injuries typically involve expert testimony to prove that the medical professional's treatment was below the standard of care for their specialty. A medical malpractice company that is certified like Miller Weisbrod Olesky, works with highly-regarded experts around the country to prove the facts of an injury claim involving birth.

How to Claim?

Birth injuries can have a permanent and life-altering impact on a child, parents and family. A successful claim may provide compensation for medical expenses, income loss and suffering and pain. It may also help pay for the cost of equipment and therapies that are specialized. A successful claim will require medical expert testimony that proves that the doctor, nurse or any other healthcare professional did not fulfill their duty of care and aggravated the child's injuries.

A New Mexico birth injury lawyer can help families receive the justice they deserve by filing a lawsuit against the responsible medical professional or healthcare facility. However, it is important to be aware that medical malpractice claims are subject to strict statutes of limitations. A lawyer can go over the specifics of the case and determine the date when the statute of limitations began to run in order for legal action to be initiated before it expires.

In some instances, a doctor can be held accountable for birth injuries even if the medical negligence did not occur at the time of birth. This type of negligence could be caused by an inability to diagnose an illness in the mother, or improperly using forceps to deliver the baby, or Attorney for Birth Injury 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 review the facts of a case to identify potential responsible parties, including nurses, doctors and hospitals. Most often the lawsuits are filed against the hospital where the healthcare professional who was negligent was employed.

It is not uncommon for defendant to claim that there are other causes for the baby's injuries, such as genetic defects or fetal developmental issues. A New Mexico birth injury attorney california injuries attorney can help the victim's family to counter this argument by proving the existence of evidence of medical malpractice and the actions of the medical professional and their failure to act directly resulted in the child's injury.

Miller Weisbrod Olesky, a New Mexico birth injury attorney will examine the case. They can also employ one or more medical experts to prove that the healthcare provider's actions or inactions fall below the standard of care for a similar circumstance. This is what caused the child's injuries. A successful claim could result in compensation for past and future medical expenses as well as lost income, discomfort and pain, as well as other damages.