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The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical mistakes during delivery can cause serious birth injuries for newborns. These injuries can result in a lifetime of medical expenses and care, which can cause financial hardship for families. Like all malpractice claims, birth injuries must prove that the medical professional breached their duty to provide reasonable medical treatment. This is a complicated task. Create a Claim The legal process for a birth injury lawsuit begins with a thorough examination of the medical records of your child. These records could contain important evidence that proves that the doctor was negligent. A qualified attorney can find the most important evidence and gather documents can be used to prove your claim. The attorney will also collaborate with one or more medical experts to establish that the doctor did not meet the standards of care required by an expert in the same field. An expert's testimony can help the jury understand how the doctor's actions, or failure to act led to the injuries your child sustained. If the medical expert can show that the injuries suffered by your child resulted from the doctor's negligence the next step is to determine what damages your child will receive. This includes past and future medical costs and lost earnings over a lifetime, as well as suffering and pain. You could be entitled damages for punitive or exemplary depending on the severity of the injuries sustained by your child. These additional damages are intended to penalize the medical professional at fault for their reckless inattention or carelessness and to deter others from acting in the same manner. Many birth injuries result from medical mistakes during the delivery of an infant. These mistakes can occur at any point during pregnancy but are most likely to happen during the labor and delivery. When a medical professional commits malpractice, they can cause serious and lasting injuries to both the mother and infant. Erb's Palsy, shoulder dystocia and brain damage are some of the most commonly occurring birth injuries. Erb's palsy is a type of nerve damage that results in arm paralysis. It is typically caused by trauma during delivery to the brachial-plexus. The condition is usually preventable with the correct treatment and treatment. New Mexico law has strict statutes that limit the time you must file a lawsuit for medical negligence. Attorneys can determine if your case qualifies for exceptions to these deadlines. If the statutes of limitation have been reached and your case is dismissed, even if you have an excellent case. To ensure that your lawsuit is filed on time, it's important to contact a New Mexico attorney for birth injury as early as you can. Preparing for Trial The work of preparing for a trial begins ahead of the trial date, when legal teams survey the evidence and formulate their theories about the case. They must then determine the witnesses and prepare their evidence. They should also prepare all the evidence that will be used during the trial. They will also need to prepare jury instructions. All of this is crucial to make a claim that is successful, and win compensation for the victims. A birth injury caused by an error by a medical professional can result in life-altering consequences for a family. Children who suffer from injuries like this require an entire lifetime of medical treatment and assistance. Families may require financial aid to cover the cost of therapies, treatments, and specialized equipment. An experienced New Mexico birth injury attorney can help families recover financial compensation that can pay for these needs. In order to file a birth injury lawsuit, a family must prove that their doctor or medical provider failed to provide the care that an experienced medical professional would have provided under similar circumstances. This is referred to as medical malpractice. To prove this, the party who was injured must establish four elements that include duty of care, breach of that duty, causation, as well as damages. Many of the medical mistakes that cause birth injuries are based on simple errors, like incorrect diagnosis or treatment of prenatal complications. Others are complex, such as shoulder dystocia, an illness which can result in total or partial paralysis of the arm. Some birth injuries only show up later in childhood, when children begin to delay developmental milestones. Contacting a birth injury attorney as early as you can after the injury is essential as otherwise, the initial statute of limitations (SOL) could run out. There are some exceptions to the SOL that can extend the time period to file a lawsuit. A knowledgeable birth injury attorney can provide specific SOLs applicable to your particular case and recommend the appropriate timeframe to file 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 they provide in their specialization. A qualified medical malpractice firm such as Miller Weisbrod Olesky is able to work with highly-respected experts across the country to prove these facts in a birth injury claim. How to File a Claim If a birth injury happens, it can cause permanent and life-altering damages to the child parents, the child, and the family members. A successful claim may provide compensation for medical expenses, income loss as well as pain and suffering. It could also be used to pay for specific therapies and equipment. However an effective claim requires medical expert testimony 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 attorney can assist families in obtaining the justice they deserve by making a claim against accountable healthcare providers or medical facility. It is important to keep in mind that medical malpractice lawsuits have strict statutes. A lawyer can go over the details of the case and determine the time when the statute of limitation began to run to ensure that legal action can be taken before the statute of limitations expires. In some instances doctors can be held accountable for birth injuries even if the medical error was not present during the time of birth. This kind of negligence could result from the delay in diagnosing a maternal condition or improperly using forceps to deliver the baby or even an unsuccessful Caesarean. westfield birth injury attorneys of birth injury could be an insufficient supply of oxygen to the brain during labor or a 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. Most often, these lawsuits are filed against the facility where the healthcare professional who was negligent was employed. It is not uncommon for an individual defendant or their attorney to assert that there are other causes for the injuries of a baby. These could be genetic problems or issues with fetal development. A New Mexico birth injuries attorney can assist the family of the victim counter this argument, by proving that the existence of evidence of medical malpractice and the actions of the medical professional and their failure to act directly resulted in the child's injuries. 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 fell short of the standard of care in a similar circumstance and resulted in the child's injuries. A successful claim could 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.