The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical errors during the delivery process can cause serious birth injuries for infants. These injuries can cause the need for ongoing care and medical expenses that drain families' budgets.
Like all malpractice claims, birth injury cases need to prove that the medical professional breached their duty to provide fair medical treatment. This is a difficult task.
Preparing a Claim
The legal process for a birth injury case begins with a review of the medical records of your child. These documents contain a wealth of information that could prove the doctor acted negligently. A competent attorney can determine the key pieces of evidence and gather other documents that can be used to prove your claim.
The lawyer will also work closely with one or more medical experts to establish that the doctor did not meet the standards of care expected by professionals in the same field. Using an expert can assist the jury in understanding how the doctor's actions or failure to act led to the injuries your child sustained.
If the medical expert can establish that the doctor's negligence caused your child's injuries the next step would be to determine what damages your child is entitled to. This will include future and past medical expenses, lost earnings over the course of a lifetime as well as pain and suffering.
You may be entitled to punitive damages or exemplary damage in proportion to the severity of the injuries your child sustained. These additional damages are meant to punish the medical professional who was at fault for their reckless negligence or disregard, and deter other people from acting in the same manner.
Medical mistakes made during the delivery of a baby are the cause for numerous birth injuries. These mistakes can happen at any time during pregnancy however they are most likely to occur during the delivery process. Medical malpractice can result in serious and long-lasting injuries for both mother and child.
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 damage that causes partial or total paralysis of the arm, and is usually caused by injury to the brachial plexus in birth. Most often this condition can be prevented with appropriate treatment and intervention.
New Mexico law has strict statutes of limitations that impose an imposed time limit within which you can file a medical malpractice lawsuit. Attorneys can determine if your case qualifies for exemptions to these deadlines. If the statutes of limitation have run out the case will be dismissed, even if have an excellent case. It is crucial to get in touch with an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.
Preparing for Trial
The preparation for a trial starts prior to the date of trial and the legal teams analyze the evidence and formulate their theories. They must then identify all witnesses and prepare questions for them. They should also prepare all exhibits to be used in the trial. They also have to prepare jury instructions. All of this preparation is crucial to presenting a successful claim and obtaining compensation for victims.
Birth injuries caused by the negligence of a medical professional could result in life-altering consequences for families. Children who suffer from these injuries require an entire lifetime of medical treatment and assistance. Families may need help paying for therapies, treatments, and specialized equipment. A skilled New Mexico birth injuries attorney can help families recover the compensation needed to cover these costs.
To bring a lawsuit against a birth injury, a family must prove that the medical professional didn't provide the kind of care a reasonable medical professional in similar circumstances would have provided. Medical malpractice is exactly what it is. To prove medical malpractice, the victim needs to establish four elements that include breach of duty, causation and damages.
Many of the medical errors that result in birth injuries are simple errors like misdiagnosis and inadequate treatment of prenatal problems. Some are more complex, like shoulder dystocia which could result in total or partial arm paralysis. Some birth injuries only show up later in childhood, as children begin to delay developmental milestones.
Contacting a birth injury lawyer as early as you can after the injury is essential in order to avoid the time frame when the statute of limitations (SOL) could expire. However, there are some exceptions to the SOL that may prolong the time to file an action. A knowledgeable birth injury attorney can provide specific SOLs that apply to your situation and suggest the appropriate timeframe to file a lawsuit.
Birth injuries usually require experts to prove that the doctor's care fell below the standards of care in their field. Miller Weisbrod Olesky is an experienced medical malpractice firm that collaborates with highly respected experts across the nation to establish this fact in a birth injury claim.
How to Claim a Claim?
A birth injury can cause a permanent and life-altering impact on a child, parents, and family. A successful claim may provide reimbursement for medical expenses and income loss and suffering and pain. It could also cover the cost of specialized therapies and equipment. However an effective claim requires expert medical evidence to prove that the nurse, doctor, or other healthcare provider violated their duty of care and caused the child's injuries.
A New Mexico birth injury lawyer can assist families to receive the justice they deserve by filing an action against the accountable medical provider or healthcare facility. However, it is important to be aware that medical malpractice claims are subject to strict statutes of limitations. An attorney can look over the details of the case and determine the date when the statute of limitations was set to expire, in order for legal action to be initiated before it expires.
In certain instances doctors may be held responsible for birth injuries, even if medical negligence was not present at the time of delivery. This kind of negligence could be caused by the delay in diagnosing the maternal condition, or by not properly using forceps to deliver the baby, or even an unsuccessful Caesarean.
Other causes of birth injury include a lack of oxygen to the brain during labor or prolonged labor. AccidentInjuryLawyers -injury lawyer can review a case's facts to identify possible accountable parties, including doctors, nurses, or hospitals. These lawsuits are typically filed against the institution in which the negligent healthcare professional worked.
It is not uncommon for a defendant, or their attorney, to argue that there are other causes for the baby's injuries. These include genetic defects or issues with fetal development. A New Mexico birth injuries attorney can help the victim's family to counter this argument by proving the existence of evidence of medical malpractice and that the actions of the medical professional and their failure to act directly resulted in the child's injury.
Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to investigate the situation. They can also engage one or more medical experts to prove that the healthcare provider's actions or inactions fell below the standard of care for a similar situation. This is the reason for the child's injuries. A successful claim can recover compensation for damages, which could include future and past medical expenses, loss of income and pain and suffering and other damages.