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 entire life of medical costs and treatment that deplete families' finances.
Like new mexico birth injury attorney , birth injury cases must prove that the medical professional breached their obligation to provide reasonable medical treatment. This is a complicated undertaking.
Create a Claim
The legal process of a birth injury claim begins with a review of the medical records of your child. These records could contain important information that proves the doctor was negligent. A qualified attorney can identify the most important evidence and also gather other documents that can be used to support your claim.
The lawyer will also work closely with one or more medical experts to establish that the doctor's actions did not adhere to the standards of care expected by an expert in the same field. An expert's testimony will help the jury understand how the doctor's actions or failure to act caused the injuries your child sustained.
If a medical expert can establish that negligence by the doctor caused your child's injuries The next step will be to determine the damages your child is entitled to. This includes future and past medical costs, lost earnings throughout a lifetime, as well as pain and suffering.
You could be entitled 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 carelessness or negligence and discourage others from acting similarly.
Medical errors made during the delivery of a child are responsible for numerous birth injuries. These mistakes can occur at any time during pregnancy however they tend to occur during labor and delivery. When a medical professional commits error, it can lead to serious and lasting injuries to both the mother and baby.
Erb's shoulder dystocia, palsy and brain damage are some of the most frequent birth injuries. Erb's Palsy is a form of nerve damage that results in arm paralysis. It is usually caused by a trauma during birth to the brachial-plexus. Often this condition can be prevented by the right 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 is eligible for an exception 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 is important to speak with a New Mexico attorney for birth injury as soon as you are able to.
Prepare for the trial
Preparation for a trial begins before the trial date itself when the legal teams examine the evidence and form their theories. They must then determine the witnesses and prepare their questions. They must also compile all exhibits that will be used during the trial. They must also prepare jury instructions. All of this is essential to present a successful claim and secure compensation for the victims.
A birth injury caused by the negligence of a medical professional could have life-altering consequences for families. Children who suffer from these injuries require an entire lifetime of medical treatment and treatments. Families may need financial assistance to pay for therapies as well as treatments and equipment. An experienced New Mexico birth injuries attorney can help families recover compensation to cover these expenses.
In order to file a lawsuit for birth injuries, the family has to demonstrate that the medical professional did not provide the care that a reasonable medical professional in similar circumstances would have offered. 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 errors that cause birth injuries are merely mistakes like misdiagnosis or improper treatment of prenatal issues. Some are more complex, like shoulder dystocia which can result in complete or partial arm paralysis. Some birth injuries are only apparent later in childhood, as the child begins to delay developmental milestones.
Contacting a lawyer for birth injuries as soon as you can following the injury is important in order to avoid the time frame when the initial statute of limitations (SOL) could run out. However, there are some exceptions to the SOL which can extend the time for filing an action. An experienced birth injury lawyer can explain the specific SOLs applicable to your case and recommend an appropriate time frame for filing a lawsuit.
Expert testimony is usually required to demonstrate that the doctor's care was not up to par with the standards of their specialty. A medical malpractice company that is certified such as Miller Weisbrod Olesky, works with highly-respected experts across the country to establish these facts in an injury claim involving birth.
Filing a Claim
If a birth injury occurs it could 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 and income loss, as well as pain and suffering. It can also help to cover the costs of specialized equipment and therapies. A successful claim requires medical expert testimony that proves that the doctor, nurse or any other healthcare professional violated their duty to care and aggravated the child's injuries.
A New Mexico birth injury attorney can assist families to obtain the justice they deserve by filing a lawsuit against the responsible medical professionals or the healthcare facility. It is important to keep in mind that medical malpractice claims have strict statutes. An attorney can look over the details of the case and determine when the statute of limitations was set to expire, in order for legal action to be taken before the statute of limitations expires.
In some instances doctors may be held accountable for a birth injury even if the medical error occurred at the time of birth. This type of negligence can be caused by the delay in diagnosing the maternal condition, or by improperly using forceps to deliver the baby or even a failed Caesarean.
A birth injury could also be the result of a insufficient or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to determine potential responsible parties, including doctors, nurses and hospitals. These lawsuits are often filed against the institution where the negligent healthcare professional was employed.
It is not uncommon for an individual defendant, or their attorney, to assert that there may be other reasons for the baby's injuries. This could be due to genetic issues or issues with fetal development. A New Mexico birth injuries attorney can help the victim's family counter this argument, by proving that there was evidence of medical malpractice and that the actions of the doctor and his failure to act directly resulted in the child's injury.
Miller Weisbrod Olesky, a New Mexico birth injury attorney will investigate the case. They can also engage one or more medical experts to prove that the healthcare provider's actions or inactions were below the standard of care for a similar circumstance. This is what led to the child's injuries. A successful case could result in compensation for past and future medical costs and lost income, as well as discomfort and pain, and other damages.