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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes during the delivery process can cause serious birth injuries for newborns. These injuries can result in an entire life of medical costs and treatment which drain families' funds.

Like all malpractice claims, birth injury cases must prove that the medical professional breached their duty to provide reasonable medical care. This is a difficult task.

Preparing a Claim

The legal procedure for a birth injury lawsuit begins by analyzing the medical records of your child. These documents are full of information that may show that the doctor was negligent. An experienced attorney can pinpoint the key pieces of 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 fell below the standard of care that should be expected by a medical professional in the same field. A medical expert can help jurors comprehend the reason why the doctor's omission to act or conduct resulted in the injuries of your child.

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

You could be entitled to punitive damages or exemplary damage in proportion to the severity of the injuries that your child sustained. These additional damages are meant to punish the medical professional who was at fault for their extreme carelessness or negligence, and deter other people from acting in a similar way.

Medical errors made during the delivery of a baby are the cause for a variety of birth injuries. These mistakes can happen at any point during pregnancy but tend to occur during labor and delivery. Medical malpractice can result in severe and lasting injuries for both the mother and child.

The most frequent birth injuries include shoulder dystocia, brain damage, spinal cord injuries, and Erb's palsy. Erb's palsy is a type of nerve damage which causes paralysis in the arm. It is typically caused by a trauma during birth to the brachial plexus. Often this condition can be prevented with appropriate treatment and intervention.

New Mexico law has strict statutes of limitation that stipulate a limited time period during which you are able to bring a medical malpractice lawsuit. Your lawyer will determine if your claim is eligible for an exception to these deadlines. If the statutes of limitations have been reached the case will be dismissed even if you have a strong case. It is critical to get in touch with a New Mexico birth injury attorney promptly to ensure timely filing of your lawsuit.

Prepare for trial

The process of preparing for a trial begins before the trial date and the legal teams examine the evidence and formulate their theories. Then, they must determine the witnesses and prepare questions for them. They must also gather all exhibits which will be used in the trial. They must also prepare jury instructions. All of this preparation is critical to presenting a successful claim and obtaining a fair amount of compensation for the victims.

A birth injury that is the result of an error by a medical professional can result in life-altering consequences for a family. Children who suffer from injuries like this require the ongoing care of a medical professional and assistance. Families may require assistance to pay for treatments, therapies and specialized equipment. An experienced New Mexico birth injuries attorney can assist families in obtaining the compensation needed to cover these costs.

To start a lawsuit for birth injuries the plaintiff's family must prove that their medical provider or doctor failed to provide the care that an experienced medical professional would have offered under similar circumstances. This is referred to as medical malpractice. To prove this, the injured party must prove four elements that include duty of care, breach of that duty, causation, and damages.

Many medical mistakes that cause birth injuries are simple mistakes like misdiagnosis or improper treatment of prenatal issues. Certain are more complicated, like shoulder dystocia which could result in total or partial arm paralysis. Some birth injuries only become apparent later in childhood, when a child starts to fail to meet developmental milestones.

It is important to contact a birth injury lawyer as soon as you can after the injury, or the initial statute limitations (SOL) expires. There are exceptions to the SOL which may prolong the time frame for filing a lawsuit. A knowledgeable birth injury lawyer can explain the SOLs that are applicable to your situation and suggest a timeline to file a lawsuit.

Birth injuries typically involve experts to prove that the doctor's treatment fell below the standards of care they provide in their specialization. Miller Weisbrod Olesky is a medical malpractice firm that is certified that works with highly regarded experts from across the country to prove this fact in a birth injury claim.

How to File a Claim

If a birth injury occurs it can cause lasting and life-altering injuries to the child, parents, and family members. A successful claim could provide compensation for medical expenses and income loss, as well as suffering and pain. It could also pay for specific therapies and equipment. However the claim must be backed by expert medical evidence to prove that the nurse, doctor, or other healthcare provider violated their duty of care and caused the child's injuries.

A New Mexico birth injury attorney can help families get justice by filing a lawsuit against accountable healthcare providers or medical facility. It is crucial 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 the time when the statute of limitation was set to expire, to ensure that legal action can be taken before the statute of limitations expires.





In certain instances, a doctor can be held accountable for birth injuries even if the medical error was not present at the time of birth. This type of negligence may be the result of an inability to diagnose or treating a maternal condition, improper use of forceps during the delivery, or a failed Caesarean section.

Other causes of birth injury include the lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth-injury lawyer can analyze the case's details to determine the possible responsible parties, such as doctors, nurses, or hospitals. These lawsuits are typically brought against the hospital where the negligent healthcare professional was employed.

It is not unusual for a defendant or their attorney to assert that there may be other reasons for the injuries suffered by a baby. These could be genetic problems or fetal developmental issues. A New Mexico birth injury attorney can assist the family and the victim counter this argument by establishing that there was evidence of negligence and that the medical professional's actions or failure to act directly caused 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 establish that a health care provider's actions or inability to act fell below the standard of care in a similar situation and resulted in the child's injuries. santa fe birth injury attorney may result in compensation for past and future medical expenses as well as lost income, discomfort and pain, as well as other damages.