The Work of a New Mexico Birth Injury Attorney
Unfortunately, many mistakes made by doctors in the delivery room result in severe birth injuries for newborns. These injuries can result in an entire lifetime of medical costs and care, which can take the financial burden off families.
Birth injury claims require the same proof requirements as other malpractice claims. The medical professional must have violated their duty to provide reasonable medical treatment. This is a complex task.
Create a Claim
The legal process of a birth injury claim begins with a review of your child's medical records. These documents may contain valuable information that proves that the doctor was negligent. A qualified attorney can determine the most crucial evidence, and collect documents you can use to support your claim.
The lawyer will also collaborate with one or more medical experts to prove that the doctor's actions did not adhere to the standards of medical care expected of a professional in the same field. An expert can help the jurors comprehend the reasons why the doctor's inability to act or conduct resulted in the injuries of your child.
If the medical expert can establish that negligence on the part of the doctor caused your child's injuries, the next step will be to determine what damages your child is entitled to. This includes future and past medical costs and lost earnings over a lifetime, as well as pain and suffering.
You could be entitled to punitive damages or exemplary damages in proportion to the severity of the injuries that your child sustained. These additional damages are intended to penalize the medical professional responsible for their reckless inattention or carelessness and to deter others from acting in a similar way.
Medical errors made during the delivery of a baby are the cause for many birth injuries. These mistakes can occur anytime during pregnancy, but they tend to occur during labor and delivery. If a medical professional commits malpractice, they can cause serious and lasting injuries to both the mother and baby.
Erb's Palsy, shoulder dystocia and brain damage are some of the most common birth injuries. Erb's Palsy is a kind of nerve damage that results in partial or complete arm paralysis, and is typically caused by injury to the brachial plexus in delivery. This condition is often preventable with the correct treatment and treatment.
New Mexico law has strict statutes that limit the time you can file a lawsuit for medical malpractice. The attorney can determine whether your case is eligible for an exception to these deadlines. If the statutes of limitations have expired, your case will be dismissed, even if have an excellent case. To ensure that your lawsuit is filed on time, it is essential to speak with a New Mexico attorney for birth injury as soon as you are able to.
Prepare for trial
The work of preparing for trial begins much earlier than the actual trial date, as the legal teams review the evidence and establish their theory of the case. They must then determine the witnesses and prepare their evidence. They will also have to compile all exhibits to be used in the trial. They also have to prepare jury instructions. All of this is essential to present a successful claim and secure compensation for the victims.
A birth injury caused by a medical professional's mistake can have life-altering consequences for the entire family. Children who suffer such injuries require medical attention and care throughout their lives. Families may need assistance paying for treatments, therapies and specialized equipment. An experienced New Mexico birth injury attorney can help families recover financial compensation that will help pay for these expenses.
To start a lawsuit for birth injuries, a family must prove that their medical provider or doctor did not provide the kind of care that reasonable medical professionals would have given in similar circumstances. This is referred to as medical malpractice. To prove medical negligence, the person who suffered must establish four elements that include breach of duty, causation and damages.
Many of the medical errors that result in birth injuries stem from simple errors, like the wrong diagnosis or inadequate treatment for prenatal complications. Others are complex, such as shoulder dystocia, an issue that can lead to partial or total arm paralysis. Some birth injuries only become 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 important as otherwise, the initial statute of limitations (SOL) may expire. There are exceptions to the SOL which may prolong the time frame for filing a lawsuit. A knowledgeable birth injury attorney will explain the specific SOLs applicable to your particular case and recommend an appropriate timeline for filing an action.
Medical malpractice claims involving birth injuries typically require expert testimony to prove that the doctor's care fell below the standard of care for their specialty. A reputable medical malpractice firm like Miller Weisbrod Olesky is able to work with highly-respected experts across the country to establish the facts of an injury claim involving birth.
Filing a Claim
A birth injury can cause a permanent and life-altering effect on the child, parents, and family. A successful claim can pay for future and current medical expenses, loss of income as well as suffering and pain. It could also help cover the costs of equipment and therapies that are specialized. However an effective claim requires 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 lawyer can help families receive the justice they deserve with an action against the accountable medical provider or healthcare facility. It is important to note that medical malpractice claims are subject to strict statutes. Accident Injury Lawyers can review the details of the case and determine the date when the statute of limitations began to run in order for legal action to be initiated before it expires.
In some cases, a doctor can be held liable for a birth injury even if the medical negligence was not present during the time of birth. This type of negligence could be the result of a delay in diagnosing or treating a maternal problem, improper use of forceps during birth, or a failed Caesarean section.
Birth injuries can also be caused by a absence or prolonged labor. A New Mexico birth-injury lawyer can review a case's facts to identify possible accountable parties, including doctors, nurses, or hospitals. In most cases the 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 claim that there are other causes for the injuries suffered by a baby. This could be due to genetic issues or fetal development issues. A New Mexico birth injuries attorney can help the victim's family fight this argument by establishing the existence of evidence of medical malpractice, and that the actions of the medical professional and their inaction directly led in the child's injuries.
Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to investigate the case. They can also engage one or more medical experts to establish that the healthcare provider's actions or inactions fell short of the standard of care for a similar circumstance. This is the reason for the child's injuries. A successful case can result in compensation damages, which can include future and past medical expenses as well as loss of income and pain and suffering and other damages.