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The Work of a New Mexico Birth Injury Attorney

Sadly, many medical errors during delivery can cause serious birth injuries to newborns. These injuries can cause a lifetime of care and medical expenses that deplete families' finances.

longview birth injury attorneys require the same evidence as other malpractice claims. The medical professional must have violated their duty to provide a reasonable medical treatment. This is a complex undertaking.

Create a Claim

The legal process in a birth injury lawsuit begins with a thorough examination of the medical records of your child. These documents contain a wealth of evidence that can prove the doctor acted negligently. An experienced attorney can pinpoint the most crucial evidence and gather other documents that can be used to support your claim.

The lawyer will also collaborate with one or more medical experts to prove that the doctor's actions did not meet the standards of medical care expected of a professional in the same field. Experts can help jurors comprehend how the doctor's failure to act or conduct resulted in the injuries of your child.

If the medical expert can establish that negligence on the part of the doctor caused the injuries to your child The next step will be to determine the damages your child is entitled to. This includes future and past medical costs and lost earnings over a lifetime and suffering and pain.

You could be entitled to punitive damages or exemplary damage in proportion to the severity of the injuries sustained by your child. These additional damages are designed to penalize the at-fault medical professional for their recklessness or negligence and discourage others from committing the same actions.

Many birth injuries are the result of medical errors during the delivery of an infant. These mistakes can occur at any time during pregnancy however, they are more likely to occur during labor and birth. 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 a form of nerve damage that results in partial or total arm paralysis, and is typically caused by injury to the brachial plexus in the birth. Often this condition can be prevented with the right treatment and intervention.

New Mexico law has strict statutes of limitation that stipulate an imposed time limit within which you are able to file a medical malpractice lawsuit. The lawyer will determine if your case is eligible for an exception to these deadlines. If the statutes of limitations have run out, your case will be dismissed, even if you have an excellent case. To ensure that your lawsuit is filed in time, it is important to contact an 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 review the evidence and establish their theories about the trial. They then must identify all witnesses and formulate their questions. They will also have to compile all the evidence that will be used in the trial. They must also prepare jury instructions. All of this is essential to present a successful claim, and win compensation for the victims.

A birth injury that is caused by a medical error can have a life-changing impact on families. Children who suffer from these injuries require a lifetime of medical care and treatments. Families may need assistance paying for treatments, therapies and equipment that is specialized. A skilled New Mexico birth injury attorney can help families obtain financial compensation that can pay for these needs.





To file a lawsuit for birth injury, a family must prove that the medical provider didn't provide the kind of care that a reasonable medical professional under similar circumstances would have offered. This is referred to as medical malpractice. To prove this, the victim must prove four elements: duty of care, breach of this duty, causation, and damages.

A lot of medical mistakes that cause birth injuries stem from simple errors, such as misdiagnosis or improper treatment of prenatal complications. Some are more complex such as shoulder dystocia that can result in complete or partial arm paralysis. Some birth injuries only show up later in childhood, as children begin to miss developmental milestones.

It is crucial to contact a birth injury lawyer as soon as you can after the injury or the initial statute limitations (SOL) will expire. However, there are a few exceptions to the SOL that may prolong the time to file lawsuits. An experienced birth injury lawyer will explain the specific SOLs applicable to your situation and suggest an appropriate time frame to file a lawsuit.

Expert testimony is often required to show that the doctor's treatment was not in line with the standards for their area of expertise. A qualified medical malpractice firm like Miller Weisbrod Olesky is able to work 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 the family. A successful lawsuit could result in compensation for medical expenses, income loss as well as suffering and pain. It can also help to pay for the cost of equipment and therapies that are specialized. A successful claim will require medical expert testimony that proves that the doctor, the nurse or any other healthcare professional violated their duty to care and aggravated the child's injuries.

A New Mexico birth injury lawyer can assist families to receive the justice they deserve by filing an action against the responsible medical professional or healthcare facility. However, it is important to know that medical malpractice claims are subject to strict statutes of limitation. An attorney can look over the specifics of the case and determine when the statute of limitations began to run to ensure that legal action can be initiated before it expires.

In certain instances doctors may be held accountable for a birth injury even if the medical error was not present at the time of birth. This type of negligence can be caused by a delay in diagnosing the maternal condition, or by incorrectly using forceps to deliver the baby, or even an unsuccessful Caesarean.

A birth injury could also be caused by a lack or prolonged labor. A New Mexico birth injury lawyer can examine the facts of a case to determine possible responsible parties, which could include doctors, nurses and hospitals. Often, these lawsuits are filed against the hospital where the healthcare professional who was negligent was employed.

It is not uncommon for a defendant to claim 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 can assist the family and the victim to counter this argument by proving that there was evidence of malpractice and that the medical professional's actions or failure to act in a direct manner caused the child's injuries.

Miller Weisbrod Olesky, a New Mexico birth injury attorney will investigate the case. They can also employ one or more medical experts to determine that the healthcare provider's actions or inactions were below the standard care for a similar situation. This is what led to the child's injuries. A successful claim could result in compensation for damages, which could include past and future medical expenses as well as loss of income as well as pain and suffering and other damages.