The Work of a New Mexico Birth Injury Attorney

Sadly, many medical errors during the delivery process cause serious birth injuries for newborns. These injuries can result in the need for ongoing care and medical expenses that deplete families' finances.

Birth injury claims require the same evidence as other malpractice claims. The medical professional must have acted in breach of his or her obligation to provide a reasonable medical treatment. This is a complex undertaking.

Create a Claim

The legal process for a birth injury lawsuit begins by analyzing the medical records of your child. These records contain a wealth of information that may demonstrate that the doctor's negligence was at fault. A competent lawyer will be able to identify key pieces of evidence and gather documents can be used to support your claim.

The attorney will also work with one or more medical experts to establish that the doctor fell below the standards of care that would be expected of medical professionals working in the same field. An expert's testimony will help the jury understand the reasons why the doctor's actions or inaction led to the injuries suffered by your child.

If the medical expert can establish that negligence by the doctor caused your child's injuries the next step would be to determine the damages your child is entitled to. This will include future and past medical expenses, lost earnings over a lifetime, and pain and suffering.

You may be entitled to punitive damages or exemplary damages depending on the severity of the injuries that your child sustained. These additional damages are designed to punish the medical professional for their recklessness or disregard and deter others from doing the same.

Many birth injuries are caused by medical errors during the birth of the baby. These mistakes can occur at any point during the pregnancy but are more likely to occur during labor and delivery. If a medical professional is guilty of error, it can lead to severe and permanent injuries to both the mother and child.

Erb's palsy, shoulder dystocia, and brain damage are some of the most commonly occurring birth injuries. Erb's Palsy is a kind of nerve damage that causes partial or total arm paralysis, and is typically caused by trauma to the brachial nerve plexus during birth. The condition can be prevented with the right treatment and treatment.

New Mexico law has strict statutes of limitation that stipulate the time frame within which you are able to file a medical malpractice lawsuit. Your lawyer will determine if your case qualifies for an exemption to these deadlines. Even if your case is strong, it will be dismissed in the event that the statute of limitations has run out. To ensure that your lawsuit is filed on time, it's important to contact a New Mexico attorney for birth injury as soon as you are able to.

Prepare for the trial

Preparation for a trial begins prior to the date of trial, as the legal teams analyze the evidence and formulate their theories. They must then determine the witnesses and prepare their questions. They will also need to gather all exhibits that will be used during the trial. They will also have to prepare jury instructions. All of this preparation is essential for presenting a successful claim and obtaining a fair amount of compensation for victims.

A oklahoma city birth injury attorney injury that is caused by a medical error could be life-altering for a family. Children who suffer from these injuries require the ongoing care of a medical professional and treatments. Families may require financial aid to cover the cost of therapies, treatments, and specialized equipment. A skilled New Mexico birth injury attorney can assist families in obtaining financial compensation that can pay for these requirements.

In order to file a birth injury lawsuit, a family must prove that their medical professional or doctor failed to provide the care that a reasonable medical professional would have given in similar circumstances. Medical malpractice is exactly what it is. To prove medical malpractice, the injured party must prove four elements: duty, breach of duty, causation and damages.

A lot of medical mistakes that cause tennessee birth injury attorneys injuries are based on simple errors, such as misdiagnosis or improper treatment of prenatal complications. Some are more complex such as shoulder dystocia that can result in complete or partial arm paralysis. In certain cases, birth injuries are only apparent later in childhood, as the child is unable to complete developmental milestones.

It is essential to contact a birth injury lawyer as soon as you can after the injury, or the initial statute limitations (SOL) will expire. There are exceptions to the SOL that can extend the time period for filing a lawsuit. An experienced birth injury lawyer can explain the specific SOLs applicable to your case and recommend an appropriate timeline to file an action.

Birth injuries typically involve expert testimony to establish that the medical professional's treatment was below the standard of care they provide in their specialization. Miller Weisbrod Olesky is a qualified medical malpractice firm that collaborates with highly respected experts across the country to establish this fact in a birth injuries claim.

How to File a Claim

Birth injuries can have a permanent and life-altering impact on the child, parents and family. A successful lawsuit could result in reimbursement for medical expenses and income loss, as well as suffering and pain. It can also pay for specific therapies and equipment. A successful claim will require expert medical testimony proving that 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 attorney can assist families in obtaining the justice they deserve by filing a lawsuit against accountable medical professionals or the healthcare facility. It is important to keep in mind that medical malpractice claims have strict statutes. A lawyer can review the specifics of the case and determine the time when the statute of limitation began to expire in order for legal action to be initiated before it expires.

In certain instances, doctors can be held accountable for birth injuries even if medical negligence wasn't committed at the time of birth. This type of negligence can result from the delay in diagnosing the maternal condition, or by incorrectly using forceps to deliver the baby or even the failure of a Caesarean.

Other causes of a birth injury include an insufficient supply of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury attorney baltimore-injury lawyer can examine the facts of a case to determine the possible responsible parties, like doctors, nurses, or hospitals. Often, these lawsuits are filed against the hospital where the negligent healthcare professional was employed.

It is not uncommon for defendant to argue that there are other possible reasons for the baby's injuries, like genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can help the victim's family fight this argument by establishing there was evidence of medical malpractice and the actions of the doctor and his inaction directly led in the child's injuries.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more expert medical witnesses to establish that a health care provider's decision or failure to act fell below the standard of care in a similar circumstance and caused the child's injuries. A successful claim can recover compensation damages, which can include future and past medical expenses as well as loss of income and pain and suffering and other damages.