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The Work of a New Mexico Birth Injury Attorney

Many medical errors during the delivery can lead to serious birth injuries in newborns. These injuries can result in a lifetime of care and medical expenses which drain families' funds.

Birth injury claims require the same evidence as other malpractice claims. The medical professional must have violated their duty to provide reasonable medical treatment. This is a difficult task.

Preparing a Claim

The legal procedure for a birth injury lawsuit begins with a review of the medical records of your child. These records contain a wealth of information that could show 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 prove your claim.





The lawyer will also collaborate with one or more medical experts to establish that the doctor's actions did not adhere to the standards of care required by professionals in the same field. Experts can help jurors understand how the doctor's failure to act or his actions resulted in the injuries of your child.

If a medical professional can prove that negligence by the doctor caused your child's injuries, the next step will be to determine the damages your child is entitled to. This includes past and future medical expenses and lost earnings over a lifetime and suffering and pain.

Depending on the severity of your child's injuries, you could be entitled to damages, either punitive or exemplary. These additional damages are intended to penalize the medical professional who was at fault for their utter negligence or disregard and discourage others from acting in the same way.

Many birth injuries are caused by medical errors during the birth of a baby. These errors can occur at any point during the pregnancy, but are more likely to occur during labor and delivery. Medical malpractice can result in severe and lasting injuries for both the mother and child.

Some of the most common birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's Palsy is one of the forms of nerve damage that results in arm paralysis. It is typically caused by a trauma during birth to the brachial plexus. The condition is usually preventable with the right treatment and intervention.

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

Preparing for Trial

The process of preparing for a trial starts much before the trial date, when legal teams survey the evidence and develop their theories about the trial. They must then determine the witnesses and prepare questions for them. They should also collect all exhibits that will be used in the trial. They must also prepare jury instructions. All of this preparation is essential to presenting a successful claim and winning compensation for the victims.

A birth injury that is the result of an error by a medical professional can have life-altering consequences for families. Children who suffer such injuries will require medical treatment and care throughout their lives. Families may require financial aid to pay for therapy, treatments, and specialized equipment. A skilled New Mexico birth injury attorney can help families obtain financial compensation that will cover the costs of these requirements.

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 reasonable medical professionals would have given in similar circumstances. This is known as medical malpractice. To prove medical negligence, the person who suffered needs to establish four elements: duty, breach of duty, causation and damages.

Many of the medical errors that result in birth injuries stem from simple errors, like incorrect diagnosis or treatment of prenatal complications. Certain are more complicated, like shoulder dystocia which can cause partial or total arm paralysis. Some birth injuries are only apparent after childhood, when a child starts to miss developmental milestones.

It is important to contact a birth injury lawyer as soon as you can after the injury, or the initial statute of limitations (SOL) will expire. There are exceptions to the SOL which can prolong the time frame for filing a suit. A knowledgeable birth injury attorney can provide specific SOLs applicable to your particular case and recommend an appropriate time frame for filing a lawsuit.

Birth injuries usually require experts to prove that the medical professional's treatment was below the standards of care they provide in their specialization. Miller Weisbrod Olesky is a medical malpractice firm that is certified that collaborates with highly respected experts across the nation to establish this fact in a birth injuries claim.

How to File a Claim

A birth injury can have a permanent and life-altering impact on the child, parents, and family. A successful claim may provide compensation for future and present medical expenses, income loss as well as pain and suffering. It can also pay for special equipment and therapies. However an effective claim requires expert medical testimony to establish that the nurse, doctor or any other healthcare professional 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 a lawsuit against the responsible medical professional or healthcare facility. It is crucial to understand that medical malpractice claims are subject to strict statutes of limitation. A lawyer can review details of the case to determine when the statute started to run in order that legal action can be taken before it expires.

In some instances, doctors can be held responsible for birth injuries even if medical negligence wasn't present at the time of delivery. birth injury legal counsel of negligence could result from a delay in diagnosing or treating a maternal condition or the improper use of forceps during birth or a failing Caesarean section.

Birth injuries can be caused by lack or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to determine potential responsible parties, including doctors, nurses and hospitals. Most often the lawsuits are filed against the facility where the healthcare professional who was negligent was employed.

It is not unusual for defendant to claim that there could be 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 counter this argument, by proving that there was evidence of medical malpractice, and that the actions of the doctor and his inaction directly resulted 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 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 case could result in compensation for past and future medical costs as well as lost income, discomfort and pain, as well as other damages.