The Work of a New Mexico Birth Injury Attorney

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

Like all malpractice claims, birth injury cases require proving that the medical professional violated their obligation to provide reasonable medical treatment. This is a complex undertaking.

Preparing a Claim

The legal procedure for a birth injury lawsuit begins with a review of the medical records of your child. These documents may contain valuable information that proves that the doctor was negligent. A competent attorney can determine the key pieces of evidence and collect other documents that can be used to support your claim.

The lawyer injury near me will also work with one or more expert medical witnesses to prove that the doctor fell below the standards of care that would be expected of a medical professional in the same specialty. An expert's testimony will help the jury understand how the doctor's actions or failure to act caused your child's injuries.

If a medical professional is able to demonstrate that your child's injuries resulted from the doctor's negligence The next step is to determine the damages your child could be liable for. This includes the future and past medical expenses, lost earnings over the course of a lifetime, and suffering and pain.

Based on the severity of your child's injuries you could be entitled to damages for punitive or exemplary injuries. These additional damages are meant to punish the medical professional who was at fault for their extreme negligence or disregard, and deter other people from acting in a similar way.

Medical errors made during the birth of a child are responsible for a variety of birth injuries. These mistakes can occur at any point during pregnancy, but they tend to occur during labor and delivery. When a medical professional commits error, it can lead to grave and long-lasting injuries to both the mother and baby.

Some of the most common birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's palsy is a type of nerve injury lawyers near me that can cause partial or total arm paralysis and is usually caused by injury to the brachial nerve plexus during birth. The condition is usually preventable with the right treatment and treatment.

New Mexico law has strict statutes that limit the amount of time you must file a lawsuit for medical malpractice. Your attorney will determine if your case qualifies for an exception to these deadlines. If the statutes of limitation have expired the case will be dismissed, even if you have a strong case. It is imperative to speak with a New Mexico birth injury attorney promptly to ensure the timely filing of your lawsuit.

Prepare for Trial

Preparation for a trial begins before the trial date itself, as the legal teams analyze the evidence and formulate their theories. They must then identify all witnesses and formulate their questions. They must also compile all the evidence that will be used in the trial. They will also need to prepare jury instructions. All of this preparation is essential for presenting a successful claim and obtaining compensation for victims.

A birth injury caused by the negligence of a medical professional could cause life-altering effects for the entire family. Children who suffer from injuries like this require the ongoing care of a medical professional and assistance. Families may require financial aid to pay for therapies, treatments, and specialized equipment. A skilled New Mexico birth injury lawyer near me attorney can help families recover the financial compensation needed to help pay for these expenses.

To file a birth injury lawsuit, a family must prove that their medical provider or doctor did not provide the kind of care that reasonable medical professionals would have given in similar circumstances. Medical malpractice is exactly what it is. To prove this, the party who was injured must prove four elements such as duty of care, breach of that duty, causation, as well as damages.

Many of the medical errors that result in birth injuries are merely mistakes such as misdiagnosis and improper treatment of prenatal problems. Other complications are more complicated like shoulder dystocia, which is an issue that can lead to complete or partial paralysis of the arm. In some instances birth injuries are only visible later in childhood, when the child starts missing developmental milestones.

It is important to contact a birth injury lawyer as soon as possible after the injury, or the initial statute limitations (SOL) will run out. There are exceptions to the SOL which can extend the time period for filing a suit. A knowledgeable birth injury attorney can provide specific SOLs that apply to your case and recommend the appropriate timeframe for filing a lawsuit.

Expert testimony is typically required to demonstrate that the doctor's care was not up to par with the standards of their area of expertise. A reputable 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

When a birth injury occurs it can cause permanent and life-altering damages to the child parents, the child, and the family members. A successful claim may provide compensation for medical expenses and income loss as well as suffering and pain. It may also pay for specialized therapies and equipment. A successful claim requires expert medical testimony proving 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 attorney can assist families in obtaining the justice they deserve by filing a lawsuit against the responsible medical provider or healthcare facility. However, it is important to understand that medical malpractice lawsuits are subject to strict statutes of limitations. A lawyer can review the details of the case and determine the date when the statute of limitations was set to expire, so that legal action can be taken before the statute of limitations expires.

In some instances doctors may be held liable for a birth injury even if the medical negligence was not present during the time of birth. This type of negligence could result from a delay in diagnosing or treating a maternal problem or a mishap with forceps during birth or a failing Caesarean section.

Other causes of birth good injury lawyers near me are an insufficient supply of oxygen to the brain during labor or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to determine potential responsible parties, including doctors, nurses, and hospitals. These lawsuits are often filed against the hospital where the negligent healthcare professional was employed.

It is not uncommon for the defendant or their lawyer to assert that there are other reasons behind the baby's injuries. 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 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 medical experts to establish that a healthcare provider's action or failure to act fell short of the standard of care in a similar scenario and resulted in the child's injuries. A successful case could result in the payment of past and future medical costs as well as lost income, pain and discomfort, and other damages.