The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes during delivery result in serious birth injuries for infants. These injuries can lead to an ongoing medical bill and treatment, which can cause financial hardship for families.
Like all malpractice lawsuits, birth injury cases need to prove that the medical professional acted in breach of their duty to provide fair medical care. This is a complicated task.
Preparing a Claim
The legal procedure for a birth injury lawsuit begins with a review of the medical records of your child. These records contain a wealth of information that may prove the doctor acted negligently. A qualified lawyer will be able to identify key pieces of evidence, and collect documents that can be used to prove your claim.
The lawyer will also work closely with one or more medical experts to prove that the doctor did not meet the standards of care expected by professionals in the same field. An expert's testimony can help the jury understand how the doctor's actions or failure to act caused the injuries suffered by your child.
If a medical professional is able to prove that your child's injuries were caused by the doctor's negligence The next step is to determine the damages your child will receive. This includes future and past medical costs and lost earnings over the course of their lives, as well as suffering and pain.
Based on the extent of your child's injuries, you may be legally entitled to punitive or exemplary damages. These additional damages are intended to penalize the at-fault medical professional for their recklessness or negligence and discourage others from acting similarly.
Medical errors that occur during the delivery of a child are the reason for many birth injuries. These errors can happen at any time during pregnancy but are most likely to happen during the labor and delivery. Medical malpractice can cause permanent and serious injuries to both mother and child.
The most frequent types of birth injuries include shoulder dystocia, brain damage, spinal cord injuries, and Erb's paralysis. Erb's Palsy is a form of nerve damage which causes arm paralysis. It is usually caused by trauma during delivery to the brachial plexus. Often this problem can be avoided with appropriate treatment and intervention.
New Mexico law has strict statutes of limitations that dictate a limited time period during which you can make a claim for medical malpractice. Your lawyer will determine if your case qualifies for an exception to these deadlines. Even if your case is strong it could be dismissed when the statute of limitations has run out. To ensure that your lawsuit is filed on time, it is essential to contact an New Mexico attorney for birth injury as early as you can.
Preparing for trial
Preparation for a trial begins much earlier than the trial date and the legal teams review the evidence and develop their theories. They then must identify all witnesses and prepare their questions. They will also have to compile all exhibits that will be used during the trial. They will also have to prepare jury instructions. All of this preparation is critical to presenting a winning claim and winning compensation for victims.
A birth injury that is caused by a medical error can cause a profound impact on the family. Children who suffer from such injuries require the ongoing care of a medical professional and assistance. Families may need financial assistance to pay for therapies or treatments as well as specialized equipment. An experienced New Mexico birth injury attorney can help families recover the financial compensation needed to help pay for these expenses.
In order to bring a birth injury lawsuit the plaintiff's family must prove that their doctor or medical provider did not provide the kind of care that an experienced medical professional would have offered under similar circumstances. Medical malpractice is exactly what it is. To prove this, the injured party must establish four elements such as duty of care, breach of that duty, causation, and damages.
Many of the medical errors that cause birth injuries are based on simple errors, such as the wrong diagnosis or inadequate treatment for prenatal complications. Some are more complex such as shoulder dystocia, which can result in complete or partial arm paralysis. In some cases birth injuries, they only become visible later in childhood, when the child begins missing developmental milestones.
Contacting a lawyer for birth injuries as early as you can after the injury is important, otherwise the initial statute of limitation (SOL) may expire. There are exceptions to the SOL which may extend the time period to file a lawsuit. A skilled lawyer for birth injuries can explain the SOLs that apply to your particular case and provide the best time frame for filing a suit.
Birth injuries typically involve experts to prove that the medical professional's treatment was below the standard of care for their specialty. A medical malpractice company that is certified, like 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 Claim a Claim?
If a birth injury occurs it can cause lasting and life-altering injuries to the child parents, the child, and the family members. A successful claim may provide compensation for current and future medical expenses, income loss, and pain and suffering. Accident Injury Lawyers could also help cover the costs of equipment and therapies that are specialized. However an effective claim requires expert medical testimony to establish that the doctor, nurse, or other healthcare provider did not fulfill their duty of care and caused the child's injuries.
A New Mexico birth injury attorney can help families get the justice they deserve by filing a lawsuit against the accountable medical provider or healthcare facility. However, it is important to know that medical malpractice lawsuits are subject to strict statutes of limitation. Lawyers can examine the specifics of the case to determine when the statute began to run, so that legal action may be taken before it expires.
In some instances, doctors can be held accountable for birth injuries, even if medical negligence wasn't committed during the time of birth. This kind of negligence could result from a delay in diagnosing or treating a maternal issue or the improper use of forceps during birth or a failed Caesarean section.
A birth injury can be caused by insufficient or prolonged labor. A New Mexico birth-injury lawyer can review a case's facts to determine the possible accountable parties, including doctors, nurses, or 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 argue that there could be other causes for the injuries of a baby. These include genetic defects or issues with fetal development. A New Mexico birth injury attorney can assist the family and the victim to counter this argument by proving that there was evidence of negligence and that the medical professional's negligence or inability to act in a direct manner caused the child's injuries.
Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to investigate the situation. They can also employ one or more medical experts to prove that the healthcare provider's actions or inactions fell short of the standard of care for a similar circumstance. This is what caused the child's injuries. A successful case could result in compensation for past and future medical expenses as well as lost income, pain and discomfort, and other damages.