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The Work of a New Mexico Birth Injury Attorney
Sadly, many medical errors during delivery can cause serious birth injuries for infants. These injuries can cause the need for ongoing medical bills and care that deplete families' finances.
Birth injuries require the same evidence as other malpractice claims. The medical professional must have violated their duty to provide reasonable medical care. This is a difficult task.
Prepare a Claim
The legal process for a birth injury lawsuit begins with an evaluation of the medical records of your child. These documents are full of information that may demonstrate that the doctor's negligence was at fault. A qualified attorney will be able to identify key pieces of evidence, and also collect documents can be used to prove your claim.
The lawyer will work closely with one or more medical experts to prove that the doctor's actions did not meet the standard of medical care expected of professionals in the same field. Experts can help jurors comprehend the reasons why the doctor's inability to act or conduct caused the injuries to your child.
If a medical expert can prove that the doctor's negligence caused your child's injuries the next step would be to determine the damages your child is entitled to. This will include future and past medical expenses as well as lost earnings over the course of a lifetime and pain and suffering.
Based on the extent of your child's injuries, you could be entitled to damages, either punitive or exemplary. These additional damages are designed to punish the medical professional for their carelessness or inattention, and to deter others from doing the same.
Many birth injuries are the result of medical errors during the birth of a baby. These errors can happen anytime during pregnancy, but they are most likely to occur during the delivery process. Medical malpractice can lead to permanent and serious injuries to both the mother and child.
Erb's shoulder dystocia, palsy and brain damage are some of the most commonly occurring birth injuries. Erb's palsy is a type of nerve damage which causes paralysis in the arm. It is typically caused by trauma during delivery to the brachial plexus. This condition is often preventable with the correct treatment and intervention.
New Mexico law has strict statutes of limitation that stipulate an imposed time limit within which you are able to bring a medical malpractice lawsuit. The lawyer will determine if your case is eligible for exceptions to these deadlines. If the statutes of limitation have been reached, your case will be dismissed, even if have a strong case. It is critical to contact a New Mexico birth injury attorney promptly to ensure the timely filing of your lawsuit.
Preparing for Trial
The work of preparing for a trial begins ahead of the trial date, as the legal teams examine the evidence and develop their theories of the case. Then, they must determine the witnesses and prepare questions for them. They will also need to gather all evidence that will be used in the trial. They also need to prepare jury instructions. All of this preparation is essential for presenting a successful claim and obtaining a fair amount of compensation for the victims.
A birth injury that is caused by a medical error can cause a profound impact on the family. Children who suffer injuries like this will need medical services and care for the rest of their lives. Families may require financial aid to pay for therapies as well as treatments and equipment. An experienced New Mexico birth injury attorney can help families obtain the financial compensation needed to help pay for these requirements.
To bring a lawsuit against a birth injuries, a family must demonstrate that the medical professional did not provide the treatment a reasonable medical professional in similar circumstances would have given. This is referred to as medical malpractice. To prove this, the injured party must prove four elements that include duty of care, breach of this duty, causation, and damages.
Many of the medical errors that result in birth injuries stem from simple errors, such as incorrect diagnosis or treatment of prenatal complications. Other complications are more complicated, such as shoulder dystocia, a condition that can lead to partial or total arm paralysis. Some birth injuries only become apparent later in childhood, as a child starts to fail to meet developmental milestones.
Contacting a birth injury lawyer as early as you can after the injury is important as otherwise, the statute of limitations (SOL) could run out. However, there are a few exceptions to the SOL that can prolong the time to file an action. A skilled birth injury attorney can explain the specific SOLs that apply to your situation and suggest the appropriate timeframe to file an action.
Medical malpractice claims involving birth injuries typically require experts to prove that the doctor's treatment fell below the standards of care they provide in their specialization. A qualified medical malpractice firm such as Miller Weisbrod Olesky is able to work with highly-regarded experts around the country to prove the facts of an injury claim involving birth.
Filing a Claim
If a birth injury happens it could cause lasting and life-altering injuries to the child parents, the child, and the family members. A successful claim may pay for future and current medical expenses, income loss as well as pain and suffering. It can also be used to pay for specific therapies and equipment. However, birth injury attorney near me requires expert medical testimony to establish that the nurse, doctor, or any other healthcare provider violated their duty of care and caused the child's injuries.
A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve through an action against the responsible medical professional or healthcare facility. However, it is important to be aware that medical malpractice lawsuits are subject to strict statutes of limitations. Lawyers can examine the specifics of the case to determine when the statute began to run, so that legal action can be taken before the statute expires.
In some cases, doctors can be held responsible for birth injuries, even if medical negligence wasn't present at the time of birth. This type of negligence may be due to the delay in diagnosing or treating a maternal issue or a mishap with forceps during the delivery, or a failed Caesarean section.
Other causes of a birth injury could be a 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 possible responsible parties, such as nurses, doctors, or hospitals. These lawsuits are often filed against the hospital where the negligent healthcare professional was employed.
It is not uncommon for defendant to claim that there could be other causes for the baby's injuries, like birth defects or fetal developmental issues. A New Mexico birth injuries attorney can help the victim's family fight this argument by proving that there was evidence of medical malpractice and that the actions of the doctor and his 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 medical experts to prove that a healthcare provider's actions or inability to act fell short of the standard of care in a similar scenario and caused the child's injuries. A successful claim may result in compensation for future and past medical costs, lost income, discomfort and pain, and other damages.
