The Work of a New Mexico Birth Injury Attorney
Unfortunately, many mistakes made by doctors during the delivery can result in severe birth injuries for newborns. These injuries can lead to a lifetime of medical expenses and treatment, which can drain the finances of families.
www.accidentinjurylawyers.claims require the same proof requirements as other malpractice claims. The medical professional must have violated his or her obligation to provide reasonable medical treatment. This is a difficult task.
Prepare a Claim
The legal process in a birth injury case starts with a thorough review of your child's medical records. These documents contain a wealth of information that could demonstrate that the doctor's negligence was at fault. A competent attorney can determine the key pieces of evidence and gather other documents that can be used to support your claim.
The lawyer will also collaborate with one or more expert medical witnesses to establish that the doctor did not meet the standard of care that should be expected by medical professionals working in the same field. A medical expert can help the jury understand how the doctor's actions, or failure to act caused your child's injuries.
If a medical professional is able to show that the injuries suffered by your child were caused by the doctor's negligence the next step is to determine what damages your child could be liable for. This includes past and future medical costs as well as lost earnings throughout the course of their lives, as well as pain and suffering.
Based on the extent of your child's injuries you could be eligible for damages, either punitive or exemplary. These additional damages are meant to penalize the medical professional who was at fault for their reckless inattention or carelessness and discourage others from acting in the same way.
Medical mistakes made during the birth of a child are responsible for many birth injuries. These mistakes can occur at any time during the pregnancy, but are more likely to occur during labor and birth. Medical malpractice can result in serious and long-lasting injuries for both the mother and the child.
Some of the most common birth injuries include shoulder dystocia, brain damage, spinal cord injuries, and Erb's palsy. Erb's palsy is a type of nerve damage which causes arm paralysis. It is usually caused by a trauma during birth to the brachial plexus. The condition is usually preventable 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 file a medical malpractice lawsuit. Your lawyer will determine if your claim is eligible for an exception to these deadlines. Even the case is strong the case will be dismissed when the statute of limitations has run out. It is crucial to contact an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.
Prepare for Trial
The work of preparing for trial begins much earlier than the actual trial date, as legal teams survey the evidence and establish their theories of the trial. They must then determine the witnesses and prepare their questions. They should also prepare all exhibits that will be used in the trial. They also have to prepare jury instructions. All of this preparation is critical to presenting a successful claim and obtaining a fair amount of compensation for victims.
A birth injury that is caused by a medical error can cause a profound impact on a family. Children who suffer such injuries require medical attention and care for the rest of their lives. Families may require financial aid to pay for therapy as well as treatments and equipment. An experienced New Mexico birth injury attorney can assist families in obtaining the financial compensation needed to cover the costs of these requirements.
To file a lawsuit for birth injuries, the family has to demonstrate that the medical professional did not provide the care a reasonable medical professional in similar circumstances would have provided. This is known as medical malpractice. To prove medical malpractice, the injured party must prove four elements such as breach of duty, causation, and damages.
Many medical mistakes that result in birth injuries are simple mistakes like misdiagnosis or improper treatment of prenatal issues. Some are more complex, like shoulder dystocia which could result in total or partial arm paralysis. Some birth injuries only become apparent later in childhood, as children begin to miss developmental milestones.
It is crucial to speak with a birth injury lawyer as soon as you can after the injury or before the initial statute of limitations (SOL) will expire. There are some exceptions to the SOL which may extend the time limit to file a lawsuit. A skilled birth injury attorney will explain the specific SOLs that apply to your situation and suggest an appropriate time frame to file an action.
Birth injuries usually require expert testimony to prove that the doctor's care fell below the standards of care they provide in their specialization. A reputable medical malpractice firm, like Miller Weisbrod Olesky, works with highly-respected experts across the country to establish the facts of the case of a birth injury.
Making a Claim
Birth injuries can have a lasting and life-altering impact on a child, parents, and family. A successful lawsuit could result in compensation for medical expenses, income loss as well as suffering and pain. It can also help to cover the costs of equipment and therapies that are specialized. However, a successful claim requires expert medical evidence to prove that the doctor, nurse, or any other healthcare professional did not fulfill their duty of care and caused the child's injuries.
A New Mexico birth injury attorney can assist families to obtain the justice they deserve by filing a lawsuit against the accountable medical professionals or the healthcare facility. It is crucial to understand that medical malpractice lawsuits are subject to strict statutes of limitation. A lawyer can go over the specifics of the case and determine when the statute of limitations began to run to ensure that legal action can be initiated prior to the expiration date.
In some cases doctors may be held accountable for birth injuries even if the medical negligence was not present during the time of birth. This type of negligence could result from the delay in diagnosing the maternal condition, or by not properly using forceps to deliver the baby, or even the failure of a Caesarean.
Other causes of a birth injury could be the lack of oxygen to the brain during labor or prolonged labor. A New Mexico birth injury lawyer will review the details of a case to identify potential responsible parties, including doctors, nurses and hospitals. The lawsuits are usually filed against the institution where the healthcare professional who was negligent worked.
It is not uncommon for defendant to claim that there are other causes for the baby's injuries such as genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can assist the family of the victim to counter this argument by proving that there was evidence of medical malpractice, and that the professional's actions and inaction directly led in the child's injury.
A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more medical experts to establish that a health care provider's actions or inability to act was not up to the standard of care in a similar scenario and resulted in the child's injuries. A successful case could result in compensation for future and past medical costs as well as lost income, discomfort and pain, and other damages.