The Work of a New Mexico Birth Injury Claim Lawyer Attorney

Unfortunately, many medical mistakes during the delivery can result in serious birth injuries in newborns. These injuries can cause an entire life of medical bills and care that drain families' budgets.

Like all malpractice lawsuits, birth injury cases must prove that the medical professional acted in breach of their duty to provide reasonable medical care. This is a complex task.

Create a Claim

The legal process for a birth injury case starts by analyzing the medical records of your child. These documents could contain valuable information that proves 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 will also work closely with one or more medical experts to establish that the doctor's actions did not meet the standards of care required by professionals in the same field. Using an expert will help the jury understand how the doctor's actions, or inaction led to the injuries your child sustained.

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

Depending on the extent of your child's injuries you may be legally entitled to damages, either punitive or exemplary. These additional damages are designed to punish the at-fault medical professional for their carelessness or disregard and deter others from doing the same.

Many birth injuries result from medical mistakes during the delivery of an infant. These mistakes can occur at any time during pregnancy however, they are more likely to occur during labor and birth. If a medical professional is guilty of negligence, it could cause serious and lasting injuries to both the mother and infant.

Erb's Palsy, shoulder dystocia and brain damage are a few of the most frequent birth injuries. Erb's palsy is a form of nerve damage that results in partial or total arm paralysis and is usually caused by trauma to the brachial plexus in the birth. Most often, this condition can be prevented with proper treatment and intervention.

New Mexico law has strict statutes of limitations that impose the time frame within which you are able to file a medical malpractice lawsuit. Your attorney will determine if your case is eligible for an exception to these deadlines. If the statutes of limitations have expired and your case is dismissed even if you have an excellent case. To ensure that your lawsuit is filed in time, it is important to speak with an New Mexico attorney injury lawyer for birth injury as soon as you are able to.

Prepare for trial

The process of preparing for trial begins much ahead of the trial date, when legal teams examine the evidence and develop their theories about the case. They then must identify all witnesses and formulate their questions. They should also prepare all exhibits that will be used during the trial. They will also have to prepare jury instructions. All of this preparation is critical for presenting a successful claim and obtaining a fair amount of compensation for victims.

A birth injury that is caused by a medical mistake can be life-altering for a family. Children who suffer such injuries will need medical services and treatment throughout their lives. Families may require financial aid to pay for therapies or treatments as well as specialized equipment. A skilled New Mexico birth injury lawyers near me attorney can help families recover financial compensation that will help pay for these requirements.

In order to start a lawsuit for birth injuries, a family must prove that their medical professional or doctor failed to provide the care that an experienced medical professional would have given in similar circumstances. Medical malpractice is what it is. To prove this, the party who was injured must establish four elements: duty of care, breach of this duty, causation, and damages.

Many of the medical errors that cause birth injuries are simple errors such as misdiagnosis and improper treatment of prenatal problems. Some are more complex such as shoulder dystocia that can cause partial or total arm paralysis. In certain cases birth injuries are only visible later in childhood, when the child begins missing developmental milestones.

It is essential to contact a birth injuries lawyer injury near me as soon as possible after the injury or the initial statute of limitations (SOL) will run out. There are exceptions to the SOL that can extend the time limit for filing a suit. A skilled lawyer for birth injuries can explain the SOLs that apply to your particular case and provide the best time frame for filing a suit.

Expert testimony is typically required to prove that the doctor's treatment was not up to par with the standards of their specialty. A medical malpractice company that is certified like Miller Weisbrod Olesky, works with highly-regarded experts around the country to establish the facts of the case of a birth injury.

Making a Claim

Birth injuries can have a permanent and life-altering impact on a child, parents and the family. A successful claim may provide compensation for medical expenses, income loss and suffering and pain. It may also help pay for the cost of specialized equipment and therapies. A successful claim will require expert medical testimony proving that the doctor, nurse, or any other healthcare provider violated their duty to care and caused the child’s injuries.

A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve with a lawsuit filed against the accountable medical professional or healthcare facility. It is important to keep in mind that medical malpractice claims are subject to strict statutes. A lawyer can go over the details of the case and determine the time when the statute of limitation began to expire to ensure that legal action can be taken before the statute of limitations expires.

In some instances doctors may be held accountable for a birth injury even if the medical error did not occur at the time of birth. This type of negligence can be caused by a delay in diagnosing the maternal condition, or by incorrectly using forceps to deliver the baby or even the failure of a Caesarean.

Other causes of a birth injury could be the lack of oxygen to the brain during labor or prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to identify possible accountable parties, including nurses, doctors or hospitals. In most cases the lawsuits are brought against the hospital in which the healthcare professional who was negligent was employed.

It is not unusual for an individual defendant or their attorney to argue that there may be other reasons behind the baby's injuries. This could be due to genetic issues or fetal development issues. A New Mexico birth injury attorney can help the victim and their family counter this argument by establishing that there was evidence of malpractice and that the medical professional's actions or failure to act in a direct manner caused the child's injuries.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more expert medical witnesses to prove that a healthcare provider's decision or failure to act fell below the standard of care in a similar circumstance and caused the child's injuries. A successful claim may result in the payment of past and future medical expenses as well as lost income, discomfort and pain, and other damages.