The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes during the delivery process can cause serious birth injuries for infants. These injuries can cause an ongoing medical bill and care, which can cause financial hardship for families.

Like all malpractice lawsuits, birth injury cases require proving that the medical professional breached their duty to provide reasonable medical care. This is a complicated task.

Preparing a Claim

The legal process in a birth injury claim begins with a thorough examination of the medical records of your child. These records could contain important information that proves the doctor was negligent. A qualified attorney can identify the most crucial evidence and collect other documents that can be used to support your claim.

The lawyer will work closely with one or more medical experts to prove that the doctor did not meet the standard of medical care expected of a professional in the same field. Experts can help jurors understand how the doctor's failure to act or conduct caused the injuries to your child.

If a medical professional can prove that your child's injuries resulted from a doctor's negligence the next step is to determine the damages your child is likely to suffer. This includes future and past medical expenses, lost earnings throughout the course of their lives, as well as suffering and pain.

Depending on the severity of your child's injuries you could be entitled to damages for punitive or exemplary injuries. These additional damages are intended to penalize the medical professional who was at fault for their reckless carelessness or negligence and to deter others from acting in a similar way.

Medical mistakes made during the delivery of a baby are the cause for numerous birth injuries. These mistakes can happen at any time during pregnancy, but are more likely to occur during labor and delivery. Medical malpractice can cause permanent and serious injuries to both the mother and the child.

Erb's palsy, shoulder dystocia, and brain damage are just a few of the most common georgia birth injury attorneys injuries. Erb's Palsy is a kind of nerve injury that can cause partial or complete arm paralysis, and is typically caused by trauma to the brachial plexus during the birth. The condition is usually preventable with the right treatment and treatment.

New Mexico law has strict statutes that limit the amount of time you must make a claim for medical malpractice. The attorney can determine whether your case qualifies for an exception to these deadlines. Even if your case is strong, it will be dismissed when the time limit has passed. It is critical to get in touch with an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.

Prepare for Trial

The preparation for a trial begins ahead of the trial date, as the legal teams examine the evidence and establish their theory of the trial. They then must identify all witnesses and prepare their evidence. They should also collect all evidence that will be used during the trial. They also need to prepare jury instructions. All of this preparation is essential to presenting a winning claim and obtaining a fair amount of compensation for victims.

A birth injury that is caused by a medical error could cause a profound impact on the family. Children who suffer injuries like this will require medical treatment and care for the rest of their lives. Families may need assistance paying for treatments, therapies and equipment that is specialized. A skilled New Mexico birth injury attorney can help families recover the financial compensation needed to cover the costs of these expenses.

To file a lawsuit for birth injury, a family must prove that the medical professional did not provide the care that a reasonable medical professional under similar circumstances would have given. Medical malpractice is what this is. To prove this, the party who was injured must prove four elements such as duty of care, breach of this duty, causation, as well as damages.

Many of the medical mistakes that result in birth injuries stem from simple errors, like misdiagnosis or improper treatment of prenatal complications. Other complications are more complicated, such as shoulder dystocia, an issue that can lead to complete or partial arm paralysis. Some birth injuries only show up later in childhood, as the child begins to miss developmental milestones.

Contacting a birth injury lawyer as early as you can after the injury is essential as otherwise, the statute of limitations (SOL) could expire. There are exceptions to the SOL that can extend the time period for filing a lawsuit. An experienced birth injury lawyer will explain the specific SOLs that apply to your situation and suggest the appropriate timeframe to file an action.

Birth injuries typically involve experts to prove that the doctor's care fell below the standards of care for their specialty. Miller Weisbrod Olesky is a medical malpractice firm that is certified which works with highly respected experts from across the country to establish this fact in a birth injuries claim.

How to File a Claim

If a birth injury happens it can cause permanent and life-altering damages to the child, parents, and family. A successful lawsuit could result in compensation for medical expenses and income loss as well as pain and suffering. It may also help cover the costs of equipment and therapies that are specialized. However, a successful claim requires medical expert testimony to prove that the nurse, doctor, or other healthcare provider did not fulfill their duty of care and birth injury lawyer caused the child's injuries.

A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve by filing an action against the accountable healthcare provider or medical facility. It is crucial to know that medical malpractice lawsuits are subject to strict statutes of limitations. An attorney can look over the specifics of the case and determine the date when the statute of limitations was set to expire, to ensure that legal action can be initiated before it expires.

In certain instances doctors can be held liable for birth injuries even if the medical negligence did not occur during the time of birth. This type of negligence could be caused by a delay in diagnosing a maternal condition or not properly using forceps to deliver the baby or even a failed Caesarean.

A birth injury can be caused by absence or prolonged labor. A New Mexico birth injury lawyer will review the details of a case to determine the parties who could be responsible, such as doctors, nurses and hospitals. These lawsuits are typically brought against the hospital where the healthcare professional who was negligent worked.

It is not uncommon for defendant to argue that there could be other reasons for the baby's injuries for instance, birth defects or fetal developmental issues. A New Mexico birth injury attorney for birth injury 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 negligence or inability to act in a direct manner caused the child's injuries.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and employ one or more medical experts to prove that a healthcare provider's decision or failure to act was not up to the standard of care in a similar scenario and caused the child's injuries. A successful case can result in compensation damages, which can include future and past medical expenses, loss of income, pain and suffering, and other damages.