The Work of a New Mexico Birth Injury Attorney

Many medical errors during delivery can lead to severe birth injuries for newborns. These injuries can lead to a lifetime of medical bills and care that deplete families' finances.

Birth injury claims require the same proof as other malpractice claims. The medical professional must have acted in breach of their duty to provide reasonable medical care. This is a difficult task.

Create a Claim

The legal process for a birth injury lawsuit begins with a review of the medical records of your child. These documents may contain valuable evidence that proves that the doctor was negligent. An experienced attorney can pinpoint the most crucial evidence and collect other documents that can be used to prove your claim.

The attorney will work closely with one or more medical experts to prove that the doctor did not meet the standards of medical care expected of professionals in the same field. A medical expert can help jurors to understand the reason why the doctor's omission to act or conduct resulted in the injuries of your child.

If the medical expert can prove that your child's injuries were caused by the doctor's negligence the next step is determining what damages your child could be liable for. This will include past and future medical expenses and loss of earnings over the course of a year and pain and suffering.

Depending on the extent of your child's injuries, you could be eligible for damages for punitive or exemplary injuries. These additional damages are designed to penalize the medical professional who was at fault for their reckless negligence or disregard and to deter others from acting in a similar way.

Medical mistakes made during the birth of a child are the reason for many birth injuries. These mistakes can occur at any point during pregnancy, but they tend to occur during labor and delivery. If a medical professional commits error, it can lead to serious and lasting injuries to both the mother and baby.

Erb's Palsy, shoulder dystocia and brain damage are some of the most frequent birth injuries. Erb's palsy is a type of nerve damage which causes arm paralysis. It is usually caused by a trauma during birth to the brachial-plexus. Often this problem can be avoided with the right treatment and intervention.

New Mexico law has strict statutes that limit the time you can file a lawsuit for medical malpractice. Your lawyer will determine if your claim is eligible for an exception to these deadlines. Even if your case is strong the case will be dismissed if the statute of limitations has run out. It is imperative to contact an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.

Preparing for trial

The process of preparing for trial begins much earlier than the actual trial date, as legal teams review the evidence and develop their theories about the trial. Then, they must identify all witnesses and prepare questions for them. They will also need to gather all exhibits which will be used in the trial. They must also prepare jury instructions. All of this preparation is crucial to presenting a successful claim and obtaining a fair amount of compensation for the victims.

Birth injuries caused by the negligence of a medical professional could cause life-altering effects for families. Children who suffer from injuries like this require a lifetime of medical care and services. Families may need financial assistance to pay for therapy as well as treatments and equipment. An experienced New Mexico birth injury attorney can help families obtain the financial compensation needed to help pay for these requirements.

To bring a birth injury lawsuit, a family must prove that their medical professional or doctor failed to provide the care that reasonable medical professionals would have offered under similar circumstances. Medical malpractice is what this is. To prove medical negligence, the person who suffered needs to establish four elements: duty, breach of duty, causation and damages.

Many medical errors that cause birth injuries are simple mistakes like misdiagnosis or improper treatment of prenatal problems. Some are more complex such as shoulder dystocia, which could result in total or partial arm paralysis. Some birth injuries only show up after childhood, when a child starts to delay developmental milestones.

It is important to contact a birth injury lawyer as soon as you can after the injury claims lawyers, or before the initial statute of limitations (SOL) will expire. There are exceptions to the SOL which may extend the time period for filing a lawsuit. A skilled birth best injury lawyer near me attorney will explain the specific SOLs applicable to your case and recommend the appropriate timeframe to file an action.

Expert testimony is often required to demonstrate that the doctor's care fell below the standard for their specialty. A qualified medical malpractice firm, like Miller Weisbrod Olesky works with highly-regarded experts around the country to prove these facts in a birth injury claim.

How to File a Claim

Birth injuries can have a lasting and life-altering impact on a child, parents and the family. A successful claim may offer compensation for current and future medical expenses, loss of income as well as suffering and pain. It can also pay for special equipment and therapies. A successful claim will require medical expert testimony that proves that the doctor, the nurse or any other healthcare provider breached their duty of caring and caused the child’s injuries.

A New Mexico birth injury attorney can assist families to obtain the justice they deserve by filing a lawsuit against responsible medical professionals or the healthcare facility. It is important to note that medical malpractice claims have strict statutes. A lawyer can review details of the case to determine when the statute started to run, so that legal action can be taken before it expires.

In certain instances doctors may be held accountable for birth injuries, even if the medical negligence did not occur during the time of birth. This kind of negligence could be caused by an inability to diagnose an illness in the mother, or not properly using forceps to deliver the baby or even a failed Caesarean.

A birth injury claims lawyers can also be the result of a insufficient or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to determine possible responsible parties, which could include nurses, doctors, and hospitals. These lawsuits are often filed against the institution in which the negligent healthcare professional was employed.

It is not uncommon for defendant to claim that there are other reasons for the baby's injuries, such as genetic defects or fetal developmental issues. A New Mexico birth injury attorney can assist the victim and their family argue against this claim by proving that there was evidence of malpractice and that the medical professional's negligence or inability to act on their own directly caused the child's injuries.

A New Mexico birth injury lawyer near me lawyer at Miller Weisbrod Olesky can investigate the case and appoint one or more medical experts to establish that a health care provider's actions or inability to act fell below the standard of care in a similar circumstance and caused the child's injuries. A successful claim can recover compensatory damages, which include past and future medical expenses as well as loss of income as well as pain and suffering and other damages.