The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes during delivery can cause serious birth injuries for infants. These injuries can result in an entire life of medical bills and Attorney for Birth Injury care that deplete families' finances.

Birth injury claims require the same evidence as other malpractice claims. The medical professional must have breached his or her obligation to provide reasonable medical treatment. This is a complex undertaking.

Create a Claim

The legal process for a birth injury case starts with a review of the medical records of your child. These records could contain important evidence that proves that the doctor was negligent. A competent attorney can determine the key pieces of evidence and also gather other documents that can be used to back your claim.

The attorney will work closely with one or more medical experts to establish that the doctor did not meet the standards of care required by professionals in the same field. A medical expert can help jurors to understand the reasons why the doctor's inability to act or conduct caused the injuries to your child.

If a medical professional is able to show that the injuries suffered by your child resulted from a doctor's negligence The next step is to determine what damages your child will receive. This will include the future and past medical expenses as well as lost earnings over the course of a lifetime, and pain and suffering.

Based on the severity of your child's injuries, you could be legally entitled to damages for punitive or exemplary injuries. These additional damages are intended to penalize the at-fault medical professional for their extreme carelessness or inattention, and to deter others from doing the same.

Many birth injuries are caused by medical errors during the birth of an infant. These mistakes can happen at any time during the pregnancy, but are more likely to occur during labor and delivery. If a medical professional commits negligence, it could cause grave and long-lasting injuries to both the mother and infant.

Erb's Palsy, shoulder dystocia and brain damage are just a few of the most commonly occurring birth injuries. Erb's palsy is a form of nerve damage that causes partial or total arm paralysis and is typically caused by injury to the brachial plexus during delivery. In most cases the condition can be prevented with proper treatment and intervention.

New Mexico law has strict statutes of limitations that dictate the time frame within which you can bring a medical malpractice lawsuit. Attorneys can determine if your case qualifies for exceptions to these deadlines. Even if your case is strong the case will be dismissed when the statute of limitations has run out. To ensure that your lawsuit is filed in time, it's important to get in touch with an New Mexico attorney for birth injury as early as you can.

Preparing for Trial

The preparation for trial begins much before the trial date, when legal teams examine the evidence and develop their theories of the trial. Then, they have to identify all witnesses and prepare questions for them. They should also collect all exhibits that will be used during the trial. They must also prepare jury instructions. All of this preparation is crucial to presenting a successful claim and obtaining compensation for victims.

A birth injury caused by a medical error can be life-altering for families. Children who suffer such injuries require medical attention and care throughout their lives. Families may require assistance to pay 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 needs.

To bring a lawsuit against a birth injuries, a family has to demonstrate that the doctor or medical professional did not provide the treatment a reasonable medical professional in similar circumstances would have given. This is known as medical malpractice. To prove this, the party who was injured must prove four elements: duty of care, breach of that duty, causation, as well as damages.

Many medical errors that result in birth injuries are simple mistakes like misdiagnosis and inadequate treatment of prenatal issues. Some are more complex such as shoulder dystocia that can result in complete or partial arm paralysis. Some birth injuries are only apparent after childhood, when children begin to miss developmental milestones.

Contacting a lawyer for birth injuries as soon as you can following the injury is essential in order to avoid the time frame when the initial statute of limitation (SOL) may expire. There are some exceptions to the SOL which can prolong the time frame for filing a suit. A skilled birth injury attorney can provide specific SOLs that apply to your situation and suggest the appropriate timeframe for filing a lawsuit.

Expert testimony is typically required to demonstrate that the doctor's care was not up to par with the standards of their area of expertise. Miller Weisbrod Olesky is an experienced medical malpractice firm that collaborates with highly respected experts across the country to prove this in a birth injuries claim.

How to File a Claim

If a birth injury occurs it can cause permanent and life-altering damages to the child, parents, and family. A successful claim may provide compensation for Attorney for Birth Injury medical expenses and income loss, as well as pain and suffering. It can also help to cover the costs of specialized equipment and therapies. A successful claim will require an expert medical opinion that proves the doctor, nurse or any other healthcare professional breached their duty of caring and caused the child’s injuries.

A New Mexico birth injury attorney can help families get justice by filing a lawsuit against the accountable healthcare providers or medical facility. It is crucial to know that medical malpractice lawsuits are subject to strict statutes of limitation. A lawyer can go over the details of the case and determine the date when the statute of limitations was set to expire, so that legal action can be initiated before it expires.

In some cases, a doctor can be held accountable for a birth injury attorney iowa injury even if the medical negligence was not present during the time of birth. This type of negligence could result from the delay in diagnosing a maternal condition or incorrectly using forceps to deliver the baby or even a failed Caesarean.

Other causes of birth injury include an insufficient supply 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 if there are any accountable parties, including nurses, doctors or hospitals. Most often the lawsuits are brought against the hospital in which 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, for instance, genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can help the victim's family fight this argument by establishing there was evidence of medical malpractice, and that the professional's actions and failure to act directly resulted in the child's injuries.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and appoint one or more expert medical witnesses to prove that a healthcare provider's action or failure to act was not up to the standard of care in a similar situation and resulted in the child's injuries. A successful claim can recover compensation for damages, which could include future and past medical expenses, loss of income, pain and suffering, and other damages.