The Work of a New Mexico Birth Injury Attorney
Unfortunately, many mistakes made by doctors during delivery can cause serious birth injuries in newborns. These injuries can result in the need for ongoing medical bills and care that deplete families' finances.
Birth injury claims require the same proof as other malpractice claims. The medical professional must have acted in breach of their duty to provide reasonable medical care. This is a complex task.
Prepare a Claim
The legal process for a birth injury claim begins with a thorough examination of the medical records of your child. These documents are full of evidence that can show that the doctor was negligent. A competent attorney can find the most important evidence, and also collect documents you can use to support your claim.
The lawyer will also work with one or more medical experts to prove that the doctor did not meet the standard of care that would be expected by a medical professional in the same field. A medical expert can help the jury understand how the doctor's actions or failure to act led to the injuries suffered by your child.
If the medical expert can establish that negligence on the part of the doctor caused the injuries to your child the next step would be to determine the amount of damages your child is entitled to. This includes future and past medical expenses, lost earnings throughout a lifetime, as well as pain and suffering.
Based on the severity of your child's injuries you may be entitled to damages, either punitive or exemplary. These additional damages are intended to penalize the at-fault medical professional for their carelessness or disregard and deter others from acting similarly.
Many birth injuries are caused by medical errors during the birth of a baby. These errors can occur at any time during the pregnancy however, they 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 baby.
Erb's shoulder dystocia, palsy and brain damage are some of the most commonly occurring birth injuries. Erb's Palsy is a form of nerve damage that causes arm paralysis. It is usually caused by trauma in the delivery of the brachial-plexus. The condition is usually preventable with the correct treatment and intervention.
New Mexico law has strict statutes that limit the time you must make a claim for medical malpractice. The lawyer will determine if your case qualifies for exceptions to these deadlines. If the statutes of limitations have expired, your case will be dismissed, even if you have a strong case. To ensure that your lawsuit is filed in time, it's important to speak with an New Mexico attorney for birth injury as soon as you can.
Preparing for the Trial
The preparation for a trial starts much earlier than the actual trial date, as legal teams review the evidence and formulate their theories of the case. Then, they have to determine the witnesses and prepare questions for them. They must also gather all evidence that will be used in 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
lawyers for injurys near me the victims.
A birth injury caused by a medical error could have a life-changing impact on a family. Children who suffer from such injuries require the ongoing care of a medical professional and treatments. Families may require financial assistance to pay for therapies as well as treatments and equipment. An experienced New Mexico birth injury attorney can help families recover financial compensation that can help pay for these requirements.
In order to start a lawsuit for birth injuries, a family must prove that their medical professional or doctor failed to provide the care that reasonable medical professionals would have given in similar circumstances. This is known as medical malpractice. To prove medical malpractice, the victim must establish four elements such as breach of duty, causation and damages.
Many of the medical mistakes that result in birth injuries stem from simple errors, such as misdiagnosis or improper treatment of prenatal complications. Certain are more complicated such as shoulder dystocia that could result in total or partial arm paralysis. In certain cases birth injuries are only evident later in childhood when the child begins missing developmental milestones.
It is essential to speak with a birth
injury lawyer as soon as possible after the injury, or before the initial statute of limitations (SOL) expires. There are exceptions to the SOL which can extend the time limit to file a lawsuit. A skilled birth injury lawyer can explain the SOLs that apply to your situation and suggest the best time frame to file a lawsuit.
Birth injuries typically require expert testimony to prove that the doctor's care fell below the standard of care in their field. A qualified medical malpractice firm like Miller Weisbrod Olesky is able to work with highly-respected experts across the country to establish these facts in the case of a birth injury.
Filing a Claim
A birth injury can cause a permanent and life-altering impact on a child, parents and family. A successful claim could offer compensation for future and present medical expenses, income loss as well as pain and suffering. It could also be used to pay for specific therapies and equipment. However, a successful claim requires expert medical evidence to prove that the doctor, nurse, 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 through a lawsuit filed against the responsible medical professional or healthcare facility. However, it is important to know that medical malpractice claims are subject to strict statutes of limitation. An attorney can look over the details of the case and determine the time when the statute of limitation was set to expire, to ensure that legal action can be initiated prior to the expiration date.
In some cases 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 the result of a delay in diagnosing or treating a maternal issue, improper use of forceps during delivery, or a failed Caesarean section.
Other causes of a birth
injury attorney near me include an insufficient supply of oxygen to the brain during labor or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case and identify potential responsible parties, including nurses, doctors, and hospitals. Often these lawsuits are filed against the hospital where the negligent healthcare professional was employed.
It is not unusual for a defendant or their lawyer to assert that there are other causes for the injuries suffered by a baby. These include genetic defects or fetal developmental issues. A New Mexico birth injury attorney can help the family and the victim to counter this argument 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.
A New Mexico birth injury
lawyer for injurys near me at Miller Weisbrod Olesky can investigate the case and employ one or more medical experts to establish that a health care provider's action or failure to act was not up to the standard of care in a similar situation and resulted in the child's injuries. A successful claim may result in the payment of past and future medical costs, lost income, pain and discomfort, and other damages.