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The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes in the delivery room can cause serious birth injuries to newborns. These injuries can result in the need for ongoing medical costs and treatment that drain families' budgets.
Birth injuries require the same proof as other malpractice claims. The medical professional must have breached his or her duty to provide reasonable medical care. This is a complicated undertaking.
Create a Claim
The legal process of a birth injury claim begins with a thorough examination of your child's medical records. These documents may contain valuable information that proves the doctor was negligent. An experienced attorney can pinpoint the most important evidence and also gather other documents that can be used to support your claim.
The attorney will also collaborate with one or more medical experts to establish that the doctor fell below the standard of care that would be expected of a medical professional in the same field. A medical expert can assist the jury in understanding how the doctor's actions or failure to act led to your child's injuries.
If a 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 damages your child is entitled to. This includes future and past medical expenses, lost earnings throughout the course of their lives, as well as suffering and pain.
Based on the extent of your child's injuries you could be entitled to punitive or exemplary damages. These additional damages are designed to penalize the medical professional at fault for their utter carelessness or negligence, and deter other people from acting in the same manner.
Medical errors made during the birth of a baby are the cause for numerous birth injuries. These mistakes can occur at any time during pregnancy but are more likely to occur during labor and delivery. Medical malpractice can cause serious and long-lasting injuries for both the mother and the child.
Erb's Palsy, shoulder dystocia and brain damage are some of the most common birth injuries. Erb's Palsy is one of the forms of nerve damage that causes arm paralysis. It is typically caused by trauma in the delivery of the brachial-plexus. Most often, this condition can be prevented by appropriate treatment and intervention.
New Mexico law has strict statutes that limit the amount of time you have to make a claim for medical negligence. Attorneys can determine if your case is eligible for an exception to these deadlines. Even the case is strong the case will be dismissed if the statute of limitations has expired. It is imperative to speak with an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.
Preparing for the Trial
The preparation for a trial starts before the trial date when the legal teams analyze the evidence and form their theories. They then must identify all witnesses and prepare their evidence. They will also need to gather all exhibits that will be used during the trial. They also have to prepare jury instructions. All of this preparation is essential to presenting a winning claim and winning compensation for victims.
A birth injury caused by a medical error can have a life-changing impact on families. Children who suffer from such injuries require the ongoing care of a medical professional and services. Families may need assistance paying for treatments, therapies and specialized equipment. A skilled New Mexico birth injury attorney can help families obtain the financial compensation needed to cover the costs of these needs.
To bring a birth injury lawsuit the plaintiff's family must prove that their doctor or medical provider failed to provide the care that reasonable medical professionals would have provided under similar circumstances. This is referred to as medical malpractice. To prove this, the victim must prove four elements that include duty of care, breach of that duty, causation, and damages.
Many medical errors that cause birth injuries are simple errors like misdiagnosis or improper treatment of prenatal problems. Certain are more complicated such as shoulder dystocia that can result in complete or partial arm paralysis. Some birth injuries are only apparent after childhood, when a child starts to miss developmental milestones.
Contacting a birth injury attorney as soon as you can after the injury is essential in order to avoid the time frame when the initial statute of limitations (SOL) may expire. There are exceptions to the SOL which can extend the time limit for filing a lawsuit. A knowledgeable birth injury attorney will explain the specific SOLs applicable to your situation and suggest an appropriate time frame for filing a lawsuit.
Expert testimony is usually required to show that the doctor's treatment fell below the standard for their area of expertise. Miller Weisbrod Olesky is an experienced medical malpractice firm which works with highly respected experts across the country to prove this in a birth injury claim.
Making a Claim
A birth injury can have a lasting and life-altering impact on the child, parents and family. A successful claim could provide compensation for medical expenses, income loss and pain and suffering. It could also pay for special equipment and therapies. However the claim must be backed by medical expert testimony to prove that the doctor, nurse, or any other healthcare professional violated their duty of care and caused the child's injuries.
A New Mexico birth injury attorney injury lawyer can help families get justice by making a claim against responsible medical provider or healthcare facility. It is crucial to remember that medical malpractice claims have strict statutes. A lawyer can go over the specifics of the case and determine when the statute of limitations was set 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 was not present during the time of birth. This type of negligence could be caused by a delay in diagnosing the maternal condition, or by improperly using forceps to deliver the baby or even the failure of a Caesarean.
Other causes of a birth injury attorney near me include the lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth-injury lawyer near me injury can review a case's facts to determine the possible accountable parties, including nurses, doctors, or hospitals. In most cases, these lawsuits are filed against the facility where the healthcare professional who was negligent was employed.
It is not unusual for an individual defendant or their attorney to argue that there could be other causes for the baby's injuries. These could be genetic problems or issues with fetal development. A New Mexico birth injury attorney (Hicks-kane-4.blogbright.net) can assist the family and the victim argue against this claim by proving 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.
Miller Weisbrod Olesky, a New Mexico birth injury attorney will investigate the case. 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 what led to the child's injuries. A successful case can result in compensation for damages, which could include future and past medical expenses as well as loss of income as well as pain and suffering and other damages.
