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The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes in the delivery room result in severe birth injuries for newborns. These injuries can cause a lifetime of care and medical expenses that drain families’ budgets.
Like all malpractice claims, birth injury cases require proving that the medical professional violated their duty to provide reasonable medical care. This is a difficult task.
Preparing a Claim
The legal process for a birth injury claim begins with a thorough examination of your child’s medical records. These documents are full of evidence that can demonstrate that the doctor’s negligence was at fault. An experienced attorney will be able to find the most important evidence, and collect documents that can be used to support your claim.
The attorney will also work closely with one or more medical experts to prove that the doctor’s actions did not meet the standard of care required by an expert in the same field. Using an expert will help the jury understand the reasons why the doctor’s actions or failure to act caused your child’s injuries.
If a medical professional can prove 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 past and future medical expenses and lost earnings over the course of their lives and suffering and pain.
You could be entitled punitive damages or exemplary damage dependent on the severity of the injuries your child sustained. These additional damages are designed to penalize the medical professional who was at fault for their reckless negligence or disregard, and deter other people from acting in the same manner.
Medical errors that occur during the delivery of a child are responsible for numerous birth injuries. These errors can happen at any point during pregnancy, but they are most likely to happen during the delivery process. Medical malpractice can lead to serious and long-lasting injuries for both mother and child.
The most frequent birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb’s Palsy. Erb’s palsy is a type of nerve damage that causes arm paralysis. It is usually caused by trauma in the delivery of the brachial-plexus. In most cases, this condition can be prevented by the right treatment and intervention.
New Mexico law has strict statutes of limitations that impose a limited time period during which you are able to bring a medical malpractice lawsuit. Your attorney will determine if your claim is eligible to be exempt from these deadlines. If the statutes of limitation have expired, your case will be dismissed, even if you have an excellent case. It is imperative to contact a New Mexico san jose birth injury attorney injury attorney promptly to ensure timely filing of your lawsuit.
Prepare for Trial
The process of preparing for trial begins much ahead of the trial date, The 10 Scariest Things About Birth Injury Attorney Kansas City as the legal teams review the evidence and establish their theories about the case. They then must identify all witnesses and prepare their evidence. They must also compile all exhibits to be used during the trial. They will also need to prepare jury instructions. All of this preparation is essential to presenting a successful claim and obtaining compensation for victims.
A birth injury that is the result of a medical professional’s mistake can have life-altering consequences for families. Children who suffer such injuries will require medical treatment and care for the rest of their lives. Families may require assistance to pay for treatments, therapies, and equipment that is specialized. An experienced New Mexico birth injury attorney can help families recover financial compensation that can pay for these expenses.
To file a birth injury lawsuit the plaintiff’s family must prove that their medical professional or doctor failed to provide the care that a reasonable medical professional would have provided under similar circumstances. Medical malpractice is exactly what it is. To prove medical malpractice, the injured party must establish four elements that include breach of duty, causation and damages.
Many medical mistakes that cause birth injuries are simple mistakes such as misdiagnosis and improper treatment of prenatal problems. Others are complex, such as shoulder dystocia, an illness which can result in complete or partial arm paralysis. In certain cases birth injuries are only apparent later in childhood, as the child begins missing developmental milestones.
Contacting a birth injury attorney as soon as you can after the injury is important, otherwise the statute of limitations (SOL) could expire. However, there are a few exceptions to the SOL which can prolong the time to file lawsuits. An experienced birth injury lawyer can explain the specific SOLs applicable to your case and recommend an appropriate timeline for filing a lawsuit.
Birth injuries typically require expert testimony to establish that the doctor’s care fell below the standard of care they provide in their specialization. A reputable medical malpractice firm, like Miller Weisbrod Olesky works with highly-regarded experts around the country to establish these facts in a birth injury claim.
How to File a Claim
If a birth injury occurs, it can cause permanent and life-altering damages to the child, parents, and family. A successful claim may offer compensation for future and current medical expenses, income loss as well as pain and suffering. It may also pay for specific therapies and equipment. However, a successful claim requires expert medical evidence to prove that the nurse, doctor or any other healthcare provider did not fulfill 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 by filing a lawsuit filed against the responsible medical professional or healthcare facility. However, it is important to be aware that medical malpractice lawsuits are subject to strict statutes of limitation. 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 cases doctors may be held responsible for birth injuries even though medical negligence was not present at the time of delivery. This kind of negligence could be the result of the delay in diagnosing or treating a maternal issue or a mishap with forceps during the delivery or a failed Caesarean section.
Birth injuries can be caused by insufficient or prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to determine if there are any accountable parties, including nurses, doctors or hospitals. In most cases the lawsuits are filed against the facility where the negligent healthcare professional was employed.
It is not unusual for a defendant, or their attorney, to argue that there are other reasons for the injuries suffered by a baby. These include genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can help the victim’s family fight this argument by establishing there was evidence of medical malpractice and that the professional’s actions and inaction directly led in the child’s injuries.
A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more expert medical witnesses to prove that a healthcare provider’s actions or inability to act fell short of the standard of care in a similar scenario and resulted in the child’s injuries. A successful case could result in compensation for future and past medical costs, lost income, discomfort and pain, and other damages.