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The Work of a New Mexico Birth Injury Attorney Unfortunately, many mistakes made by doctors in the delivery room cause severe birth injuries for newborns. These injuries can result in a lifetime of care and medical expenses that deplete families' finances. Like all malpractice claims, birth injuries must prove that the medical professional acted in breach of their obligation to provide reasonable medical care. This is a difficult task. Preparing a Claim The legal process for a birth injury case begins with a thorough examination of the medical records of your child. These documents are full of evidence that can prove the doctor acted negligently. A qualified attorney can identify the most important evidence and gather other documents that can be used to prove your claim. The attorney will also work with one or more expert medical witnesses to prove that the doctor fell below the standard of care that would be expected by a medical professional in the same specialty. A medical expert can assist the jury in understanding the reasons why the doctor's actions or failure to act caused the injuries suffered by your child. If a medical professional can prove that negligence by the doctor caused the injuries to your child The next step will be to determine the amount of damages your child is entitled to. This will include the future and past medical expenses, lost earnings over the course of a lifetime as well as pain and suffering. You could be entitled to punitive damages or exemplary damage in proportion to the severity of the injuries your child sustained. These additional damages are designed to punish the medical professional responsible for their reckless carelessness or negligence and to deter others from acting in the same way. Many birth injuries result from medical mistakes during the birth of the baby. accidentinjurylawyers.claims can occur at any point during pregnancy but are most likely to happen during labor and delivery. Medical malpractice can lead to severe and lasting injuries for both mother and child. The most frequent types of 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 which causes arm paralysis. It is usually caused by trauma in the delivery of the brachial-plexus. The condition can be prevented with the correct treatment and treatment. New Mexico law has strict statutes of limitations that impose an imposed time limit within which you can make a claim for medical malpractice. The attorney can determine whether your case qualifies for exemptions to these deadlines. If the statutes of limitation have expired the case will be dismissed, even if you have a strong case. To ensure that your lawsuit is filed on time, it is important to speak with a New Mexico attorney for birth injury as soon as you are able to. Prepare for Trial The work of preparing for trial begins much earlier than the actual trial date, as legal teams survey the evidence and develop their theories about the trial. Then, they have to identify all witnesses and write questions for them. They must also gather all evidence that will be used during the trial. They must also prepare jury instructions. All of this is vital to present a successful claim and secure compensation for victims. A birth injury that is caused by a medical error can cause a profound impact on families. Children who suffer from these injuries require an entire lifetime of medical treatment and assistance. Families may need financial assistance to pay for therapy, treatments, and specialized equipment. A skilled New Mexico birth injuries attorney can assist families in obtaining compensation to cover these costs. In order to file a lawsuit for birth injuries, the family has to demonstrate that the medical provider did not provide the care a reasonable medical professional in similar circumstances would have given. This is known as medical malpractice. To prove medical malpractice, the injured party must prove four elements that include breach of duty, causation and damages. Many of the medical errors that result in birth injuries are caused by simple errors, like misdiagnosis or improper treatment of prenatal complications. Others are complex like shoulder dystocia, which is an issue that can lead to partial or total arm paralysis. Some birth injuries only show up after childhood, when children begin to miss developmental milestones. It is essential to contact a birth injury lawyer as soon as possible after the injury, or the initial statute of limitations (SOL) will run out. There are however some exceptions to the SOL which can prolong the time to file lawsuits. A knowledgeable birth injury lawyer can explain the SOLs that are applicable to your particular case and provide a timeline for filing a suit. Birth injuries typically involve expert testimony to prove that the doctor's care fell below the standard of care for their specialty. A reputable medical malpractice firm, like Miller Weisbrod Olesky, works with highly-respected experts across the country to establish the facts of a birth injury claim. Making a Claim If a birth injury happens, it can cause permanent and life-altering damages to the child parents, child, and family members. A successful lawsuit could result in compensation for medical expenses, income loss as well as pain and suffering. It can also help to cover the costs of equipment and therapies that are specialized. A successful claim will require an expert medical opinion that proves the doctor, the nurse, or any other healthcare provider did not fulfill their duty of care and caused the child’s injuries. A New Mexico birth injury lawyer can help families receive the justice they deserve by filing a lawsuit against the accountable medical provider or healthcare facility. It is important to note that medical malpractice claims have strict statutes. A lawyer can go over the details of the case and determine the time when the statute of limitation began to run so that legal action can be initiated before it expires. In some instances doctors may be held accountable for birth injuries, even if the medical negligence occurred at the time of delivery. This type of negligence may result from the delay in diagnosing or treating a maternal problem, improper use of forceps during delivery or a failing Caesarean section. A birth injury can be caused by lack or prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to determine the possible responsible parties, like nurses, doctors, or hospitals. The lawsuits are usually filed against the institution where the healthcare professional who was negligent worked. It is not uncommon for an individual defendant, or their attorney, to assert that there are other reasons for the injuries suffered by a baby. This could be due to genetic issues or fetal development issues. A New Mexico birth injuries attorney can help the victim's family fight this argument by proving the existence of evidence of medical malpractice and the actions of the doctor and his inaction directly resulted in the child's injury. Miller Weisbrod Olesky, a New Mexico birth injury attorney will investigate the case. They may also hire one or more medical experts to prove that the healthcare provider's actions or inactions fell below the standard of care for a similar circumstance. This is what led to the child's injuries. A successful claim can recover compensation damages, which can include future and past medical expenses and income loss, pain and suffering, and other damages.