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The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical mistakes during delivery can lead to severe birth injuries for newborns. These injuries can result in a lifetime of medical bills and care that deplete families' finances. Like all malpractice claims, birth injury cases need to prove that the medical professional acted in breach of their duty to provide reasonable medical care. This is a complex undertaking. Preparing a Claim The legal procedure for a birth injury case begins by analyzing the medical records of your child. These documents could contain valuable evidence 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 back your claim. The attorney will also collaborate with one or more medical experts to prove that the doctor's actions were not up to the standards of care that would be expected by a medical professional in the same field. A medical expert can assist the jury in understanding the reasons why the doctor's actions or failure to act led to your child's injuries. If the medical expert can prove that negligence on the part of 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 future and past medical expenses as well as lost earnings over a lifetime, and suffering and pain. Depending on the severity of your child's injuries, you may be entitled to damages, either punitive or exemplary. These additional damages are designed to punish the medical professional at fault for their extreme carelessness or negligence and discourage others from acting in a similar way. Many birth injuries result from medical mistakes during the delivery of the baby. These errors can happen at any point during pregnancy, but they are most likely to happen during the labor and delivery. If a medical professional commits malpractice, they can cause serious and lasting injuries to both the mother and child. Erb's Palsy, shoulder dystocia and brain damage are some of the most common birth injuries. Erb's palsy is a form of nerve damage that causes partial or complete paralysis of the arm, and is usually caused by injury to the brachial plexus in birth. In most cases this problem can be avoided with the right treatment and intervention. New Mexico law has strict statutes of limitations that impose an imposed time limit within which you are able to bring a medical malpractice lawsuit. Your lawyer will determine if your case qualifies for an exception to these deadlines. If the statutes of limitation have been reached the case will be dismissed, even if have an excellent case. To ensure that your lawsuit is filed in time, it is essential to speak with an New Mexico attorney for birth injury as early as you can. Preparing for trial The preparation for a trial starts prior to the trial date when the legal teams analyze the evidence and formulate their theories. They must then identify all witnesses and prepare their questions. They must also compile all exhibits to be used during the trial. They also have to prepare jury instructions. All of this preparation is essential to presenting a successful claim and winning compensation for victims. A birth injury caused by an error by a medical professional can result in life-altering consequences for a family. Children who suffer from such injuries will need medical services and care throughout their lives. Families may require financial aid to cover the cost of therapies or treatments as well as specialized equipment. A skilled New Mexico birth injuries attorney can assist families in obtaining compensation to cover these costs. In order to file a birth injury lawsuit the family must show that their medical provider or doctor did not provide the kind of care that an experienced medical professional would have offered under similar circumstances. This is referred to as medical malpractice. To prove medical malpractice, the victim must establish four elements that include breach of duty, causation, and damages. A lot of medical mistakes that result in birth injuries stem from simple errors, such as incorrect diagnosis or treatment of prenatal complications. accidentinjurylawyers.claims are more complex, like shoulder dystocia which can result in complete or partial arm paralysis. Some birth injuries only show up later in childhood, when a child starts to fail to meet developmental milestones. Contacting a birth injury lawyer as soon as you can after the injury is essential, otherwise the initial statute of limitation (SOL) may expire. There are exceptions to the SOL which may extend the time limit for filing a lawsuit. A knowledgeable birth injury attorney will explain the specific SOLs that apply to your situation and suggest the appropriate timeframe to file an action. Medical malpractice claims involving birth injuries typically require experts to prove that the doctor's treatment fell below the standard of care for their specialty. Miller Weisbrod Olesky is a medical malpractice firm that is certified that collaborates with highly respected experts from across the country to prove this in a birth injury case. How to Claim? If a birth injury occurs, it can cause lasting and life-altering injuries to the child parents, child, and family. A successful claim could pay for current and future medical expenses, loss of income, and suffering and pain. It can also help to cover the costs of specialized equipment and therapies. A successful claim requires medical expert testimony that proves that the doctor, the nurse, or any other healthcare professional did not fulfill their duty of care and aggravated the child's injuries. A New Mexico birth injury attorney can assist families to obtain justice by filing a lawsuit against the responsible healthcare providers or medical facility. It is important to note that medical malpractice claims have strict statutes. A lawyer can review the details of the case and determine the date when the statute of limitations began to expire to ensure that legal action can be initiated prior to the expiration date. In some cases, doctors can be held responsible for birth injuries, even if medical negligence wasn't present during the time of birth. This type of negligence could result from the delay in diagnosing an illness in the mother, or improperly using forceps to deliver the baby or even an unsuccessful Caesarean. Other causes of a birth injury include a lack of oxygen to the brain during labor or prolonged labor. A New Mexico birth-injury lawyer can analyze the case's details to determine the possible responsible parties, such as nurses, doctors or hospitals. Most often these lawsuits are filed against the facility where the negligent healthcare professional was employed. It is not uncommon for defendant to argue that there are other reasons for the baby's injuries, like genetic defects or fetal developmental issues. A New Mexico birth injury attorney can help the family of the victim argue against this claim by proving that there was evidence of negligence and that the medical professional's negligence or inability to act on their own directly caused the child's injuries. A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and employ one or more medical experts to establish that a health care provider's actions or inability to act fell short of the standard of care in a similar situation and caused the child's injuries. A successful claim can recover compensation damages, which can include past and future medical expenses as well as loss of income as well as pain and suffering and other damages.