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The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical errors in the delivery room result in serious birth injuries for infants. These injuries can cause an entire lifetime of medical costs and care, which can drain the finances of families.


Like all malpractice claims, birth injury cases require proving that the medical professional breached their duty to provide reasonable medical treatment. This is a complicated task.

Prepare a Claim

The legal process for a birth injury case begins by analyzing the medical records of your child. These documents could contain valuable evidence that proves that the doctor was negligent. A qualified attorney can identify the most important evidence and also gather other documents that can be used to prove your claim.

The attorney will also collaborate with one or more medical experts to prove that the doctor did not meet the standards of care that would be expected of medical professionals in the same specialty. A medical expert can help the jury understand the reasons why the doctor's actions or failure to act caused your child's injuries.

If a medical professional can establish that the doctor's negligence caused your child's injuries the next step would be to determine what damages your child is entitled to. This includes past and future medical expenses as well as lost earnings throughout life, as well as pain and suffering.

You may be entitled to punitive damages or exemplary damage depending on the severity of the injuries that your child sustained. These additional damages are meant to penalize the medical professional at fault for their reckless inattention or carelessness and discourage others from acting in a similar way.

Medical errors that occur during the birth of a baby are the cause for a variety of birth injuries. These errors can occur at any time during pregnancy, but are more likely to occur during labor and birth. If a medical professional commits error, it can lead to serious and lasting injuries to both the mother and infant.

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 trauma during delivery to the brachial-plexus. Most often the condition can be prevented with proper treatment and intervention.

New Mexico law has strict statutes that limit the amount of time you must bring a lawsuit relating to medical malpractice. Your attorney will determine if your case is eligible for an exception to these deadlines. Even even if your case is a strong one the case will be dismissed if the statute of limitations has run out. To ensure that your lawsuit is filed in time, it's important to speak with a New Mexico attorney for birth injury as soon as you can.

Prepare for the trial

The work of preparing for a trial starts much before the trial date, when legal teams survey the evidence and establish their theory of the case. Then, they must identify all witnesses and write questions for them. They should also prepare all the evidence that will be used in the trial. They also have to prepare jury instructions. All of this preparation is essential to presenting a winning claim and winning compensation for victims.

Birth injuries caused by the negligence of a medical professional could result in life-altering consequences for families. Children who suffer such injuries will require medical treatment and treatment throughout their lives. Families may require financial assistance to pay for therapy, treatments, and specialized equipment. An experienced New Mexico birth injuries attorney can help families obtain compensation to cover these costs.

In order to start a lawsuit for birth injuries, a family must prove that their medical provider or doctor did not provide the kind of care that an experienced medical professional would have provided under similar circumstances. This is referred to as medical malpractice. To prove this, the injured party must establish four elements that include duty of care, breach of that duty, causation, as well as damages.

Many of the medical mistakes that result in birth injuries stem from simple errors, such as incorrect diagnosis or treatment of prenatal complications. Others are complex like shoulder dystocia, which is an illness that can cause total or partial arm paralysis. Some birth injuries only become apparent later in childhood, as the child begins to fail to meet developmental milestones.

Contacting a lawyer for birth injuries as soon as you can following the injury is crucial as otherwise, the initial statute of limitation (SOL) could run out. There are some 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 case and recommend an appropriate timeframe to file a lawsuit.

Birth injuries typically require expert testimony to prove that the doctor's care fell below the standard of care they provide in their specialization. A reputable medical malpractice firm, like Miller Weisbrod Olesky, works with highly-respected experts across the country to prove these facts in a birth injury claim.

Making a Claim

Birth injuries can cause a permanent and life-altering effect on the child, parents and the family. A successful claim can offer compensation for future and present medical expenses, income loss, and pain and suffering. It can also help to pay for the cost of specialized equipment and therapies. However an effective claim requires medical expert testimony to prove that the nurse, doctor, or other healthcare provider did not fulfill their duty of care and caused the child's injuries.

A New Mexico birth injury lawyer can assist families to receive the justice they deserve through a lawsuit against the accountable medical professional or healthcare facility. It is crucial to remember that medical malpractice claims have strict statutes. Lawyers can examine the specifics of the case to determine when the statute started to run in order that legal action may be taken before the statute expires.

In some cases doctors can be held liable for a birth injury even if the medical error was not present at the time of birth. longview birth injury attorneys of negligence may result from the delay in diagnosing or treating a maternal condition or a mishap with forceps during birth, or a failed Caesarean section.

Other causes of a birth injury are the 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 identify possible responsible parties, like nurses, doctors or hospitals. Most often, these lawsuits are filed against the hospital where the healthcare professional who was negligent was employed.

It is not unusual for a defendant or their attorney to claim that there are other reasons behind the injuries of a baby. These could be genetic problems or fetal development issues. A New Mexico birth injury attorney can help the family and 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.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more medical experts to establish that a healthcare provider's actions or inability to act fell short of the standard of care in a similar circumstance and resulted in the child's injuries. A successful claim could result in compensation damages, which can include future and past medical expenses, loss of income as well as pain and suffering and other damages.

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Pub: 29 Apr 2024 05:54 UTC
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