The Work of a New Mexico Birth Injury Attorney

Many medical errors in the delivery room cause serious birth injuries in newborns. These injuries can cause the need for ongoing care and medical expenses that drain families' budgets.

Birth injuries require the same evidence as other malpractice claims. The medical professional must have breached their duty to provide reasonable medical treatment. This is a difficult task.

Prepare a Claim

The legal process for a birth injury lawsuit begins by analyzing the medical records of your child. These documents may contain valuable information that proves the doctor was negligent. An experienced attorney will be able to identify key pieces of evidence, and collect documents you can use to support your claim.

The lawyer will also collaborate with one or more medical experts to establish that the doctor's actions were not up to the standards of care that would be expected by medical professionals working in the same field. A medical expert will help the jury understand how the doctor's actions, or inaction led to your child's injuries.

If a medical professional can prove that your child's injuries resulted from a doctor's negligence, the next step is to determine what damages your child will receive. This includes future and past medical expenses and lost earnings over a lifetime, as well as suffering and pain.

Depending on the severity of your child's injuries you may be eligible for punitive or exemplary damages. These additional damages are intended to penalize the at-fault medical professional for their carelessness or negligence and discourage others from committing the same actions.

Many birth injuries are the result of medical errors during the birth of the baby. These errors can happen at any time during pregnancy but are most likely to happen during the labor and delivery. Medical malpractice can result in severe and lasting injuries for both the mother and child.

Erb's Palsy, shoulder dystocia and brain damage are just a few of the most common birth injuries. Erb's palsy is a type of nerve damage that causes arm paralysis. It is usually caused by trauma in the delivery of the brachial plexus. In most cases, this condition can be prevented by appropriate 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. Your attorney will determine if your claim is eligible for an exception to these deadlines. If the statutes of limitation have been reached and your case is dismissed, even if you have a strong case. To ensure that your lawsuit is filed on time, it is essential to contact an New Mexico attorney for birth injury as soon as you are able to.

Prepare for the trial

The preparation for a trial begins ahead of the trial date, as legal teams survey the evidence and develop their theories about the case. They must then identify all witnesses and prepare questions for them. They should also collect all exhibits which will be used in the trial. They must also prepare jury instructions. All of this preparation is essential to presenting a successful claim and winning compensation for the victims.

A birth injury caused by a medical professional's mistake can have life-altering consequences for the entire family. Children who suffer from these injuries require a lifetime of medical care and assistance. Families may require financial assistance to cover the cost of therapies as well as treatments and equipment. A skilled New Mexico birth injury attorney can assist families in obtaining the financial compensation needed to cover the costs of these expenses.

In order to file a lawsuit for birth injury attorney las cruces nm injuries, the family must demonstrate that the medical provider did not provide the treatment that a reasonable medical professional in similar circumstances would have provided. This is known as medical malpractice. To prove this, the party who was injured must establish four elements such as duty of care, breach of this duty, causation, and damages.

Many of the medical errors that result in birth injuries are based on simple errors, like the wrong diagnosis or inadequate treatment for prenatal complications. Some are more complex such as shoulder dystocia, an illness that can lead to complete or partial arm paralysis. In some instances birth injuries are only evident later in childhood when the child is unable to complete developmental milestones.

It is important to contact a phoenix birth injury attorney injury lawyer as soon as possible after the injury or the initial statute of limitations (SOL) expires. There are some exceptions to the SOL which may extend the time limit for filing a lawsuit. An experienced birth trauma attorney injury lawyer will explain the specific SOLs applicable to your case and recommend the appropriate timeframe to file a lawsuit.

Medical malpractice claims involving birth injuries usually require expert testimony to establish that the medical professional's treatment was below the standard of care for their specialty. Miller Weisbrod Olesky is a qualified medical malpractice firm that collaborates with highly respected experts across the country to prove this fact in a birth injury case.

Making a Claim

If a birth injury occurs it can cause lasting and life-altering injuries to the child parents, child, and family. A successful claim may provide reimbursement for medical expenses and income loss, as well as pain and suffering. It may also help cover the costs of equipment and therapies that are specialized. A successful claim will require medical expert testimony that proves that the doctor, the nurse or any other healthcare professional breached their duty of caring and caused the child’s injuries.

A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve by filing an action against the accountable healthcare provider or medical facility. It is important to note that medical malpractice lawsuits have strict statutes. A lawyer can review details of the case to determine when the statute began to run and legal action can be taken before the statute expires.

In some instances doctors may be held responsible for birth injuries even if medical negligence wasn't present at the time of birth. This type of negligence could be caused by a delay in diagnosing the maternal condition, or by not properly using forceps to deliver the baby, or even the failure of a Caesarean.

A birth injury could also be caused by a insufficient or prolonged labor. A New Mexico manhattan birth injury attorneys injury lawyer will review the details of a case to identify potential responsible parties, including doctors, nurses, and hospitals. Most often, these lawsuits are filed against the facility where the healthcare professional who was negligent was employed.

It is not uncommon for defendant to argue that there could be other reasons for the baby's injuries, for instance, birth defects or fetal developmental issues. A New Mexico birth injuries attorney can help the victim's family fight this argument by proving that there was evidence of medical malpractice and that the actions of the medical professional and their inaction directly resulted in the child's injury.

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 health care provider's decision or failure to act fell below the standard of care in a similar situation and caused the child's injuries. A successful claim could result in compensation damages, which can include future and past medical expenses as well as loss of income, pain and suffering, and other damages.