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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes during the delivery can lead to serious birth injuries in newborns. These injuries can cause a lifetime of medical costs and treatment which drain families' funds.

Birth injuries require the same proof requirements as other malpractice claims. The medical professional must have violated his or her duty to provide a reasonable medical treatment. This is a complicated task.

Preparing a Claim

The legal process of a birth injury claim starts with a thorough review of the medical records of your child. These records could contain important information that proves that the doctor was negligent. A qualified attorney can determine the most crucial evidence, and collect documents can be used to prove your claim.

The attorney will also collaborate with one or more medical experts to establish that the doctor's actions did not meet the standards of medical care expected of an expert in the same field. A medical expert can assist the jury in understanding how the doctor's actions, or failure to act caused the injuries suffered by your child.

If a medical professional can establish 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 future and past medical costs as well as lost earnings throughout the course of their lives, as well as suffering and pain.

You could be entitled punitive damages or exemplary damages dependent on the severity of the injuries that your child sustained. These additional damages are intended to penalize the medical professional at fault for their utter negligence or disregard and to deter others from acting in a similar manner.

Medical errors that occur during the birth of a baby are the cause for a variety of birth injuries. These mistakes can happen at any time during pregnancy however, they are more likely to occur during labor and delivery. If a medical professional is guilty of error, it can lead to grave and long-lasting injuries to both the mother and baby.

Erb's palsy, shoulder dystocia, and brain damage are just a few of the most frequent birth injuries. Erb's Palsy is a form of nerve damage that causes paralysis in the arm. It is typically caused by a trauma during birth to the brachial plexus. The condition can be prevented with the correct treatment and intervention.

New Mexico law has strict statutes of limitations that dictate the time frame within which you are able to file a medical malpractice lawsuit. Attorneys can determine if your case is eligible for exemptions to these deadlines. If the statutes of limitation have run out and your case is dismissed, even if you have a strong case. It is critical to speak with an New Mexico birth injury attorney as soon as possible to ensure the timely filing of your lawsuit.

Prepare for the trial

The process of preparing for a trial begins before the date of trial and the legal teams review the evidence and develop their theories. They must then identify all witnesses and write questions for them. They should also collect all evidence that will be used during the trial. They will also need to prepare jury instructions. All of this is vital for presenting a successful claim, and win compensation for victims.

A birth injury that is caused by a medical error can be life-altering for families. Children who suffer injuries like this will need medical services and treatment for the rest of their lives. Families may need help paying for therapies, treatments, and equipment that is specialized. An experienced New Mexico birth injury attorney can help families obtain financial compensation that can cover the costs of these requirements.

In order to file a lawsuit for birth injuries, the family has to prove that the doctor or medical provider did not provide the treatment that a reasonable medical professional under similar circumstances would have offered. Medical malpractice is exactly what it is. To prove this, the victim must prove four elements that include duty of care, breach of this duty, causation, and damages.

Many medical errors that result in birth injuries are merely mistakes like misdiagnosis and inadequate treatment of prenatal issues. Others are complex like shoulder dystocia, which is an illness that can cause total or partial arm paralysis. In More Help are only visible later in childhood, when the child begins missing developmental milestones.

Contacting a birth injury attorney 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 may prolong the time frame for filing a suit. An experienced birth injury lawyer can explain the specific SOLs that apply to your particular case and recommend an appropriate time frame for filing a lawsuit.

Expert testimony is often required to show that the doctor's treatment was not in line with the standards for their specialty. A qualified medical malpractice firm, like Miller Weisbrod Olesky works with highly-respected experts across the country to prove the facts of a birth injury claim.

Making a Claim





If a birth injury occurs it can cause permanent and life-altering damages to the child, parents, and family members. A successful lawsuit could result in compensation for medical expenses, income loss, as well as suffering and pain. It could also be used to pay for special equipment and therapies. A successful claim requires an expert medical opinion that proves the doctor, nurse or any other healthcare provider did not fulfill 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 the responsible medical provider or healthcare facility. However, it is important to know that medical malpractice lawsuits are subject to strict statutes of limitation. A lawyer can review details of the case to determine when the statute began to run in order that legal action can be taken prior to the expiration date.

In certain instances doctors may be held liable for a birth injury even if the medical error was not present at the time of delivery. This kind of negligence could be due to the delay in diagnosing or treating a maternal issue, improper use of forceps during the delivery or a failed Caesarean section.

Other causes of birth injury could be the lack of oxygen to the brain during labor or prolonged labor. A New Mexico birth-injury lawyer can review a case's facts to determine the possible responsible parties, such as 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 a defendant to claim that there are other reasons for the baby's injuries, such as birth defects or fetal developmental issues. A New Mexico birth injury attorney can help the family of the victim counter this argument by establishing that there was evidence of malpractice and that the medical professional's negligence or inability to act directly caused the child's injuries.

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