The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes during the delivery process cause serious birth injuries to newborns. These injuries can result in an ongoing medical bill and treatment, which can cause financial hardship for families.
Like all malpractice claims, birth injuries must prove that the medical professional acted in breach of their duty to provide fair medical care. This is a complex task.
Preparing a Claim
The legal process for a birth injury claim starts with a thorough review of your child's medical records. These documents are full of information that may prove the doctor acted negligently. A qualified attorney will be able to determine the most crucial evidence, and also collect documents that can be used to prove your claim.
The attorney will also collaborate with one or more medical experts to establish that the doctor's actions didn't meet the standard 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 actions resulted in the injuries of your child.
If a medical professional can establish that the doctor's negligence caused the injuries to your child the next step would be to determine the amount of damages your child is entitled to. This includes future and past medical costs, lost earnings throughout the course of their lives, as well as pain and suffering.
You may be entitled to punitive damages or exemplary damage depending on the severity of the injuries sustained by your child. AccidentInjuryLawyers are designed to punish the medical professional for their extreme carelessness or disregard and deter others from doing the same.

Many birth injuries result from medical mistakes during the birth of the baby. These mistakes can happen at any time during pregnancy however, they are more likely to occur during labor and delivery. If a medical professional commits negligence, it could cause serious and lasting injuries to both the mother and baby.
Erb's Palsy, shoulder dystocia and brain damage are a few of the most commonly occurring birth injuries. Erb's Palsy is one of the forms of nerve damage that results in arm paralysis. It is usually caused by trauma during delivery to the brachial plexus. Often, this condition can be prevented by proper treatment and intervention.
New Mexico law has strict statutes that limit the amount of time you can bring a lawsuit relating to medical malpractice. The lawyer will determine if your case qualifies for exceptions to these deadlines. If the statutes of limitation have run out, your case will be dismissed, even if have an excellent case. To ensure that your lawsuit is filed on time, it is important to speak with an New Mexico attorney for birth injury as early as you can.
Preparing for trial
The process of preparing for trial begins much before the trial date, when legal teams examine the evidence and develop their theory of the case. Then, they have to identify all witnesses and write questions for them. They will also need to gather all exhibits which will be used in the trial. They will also need to prepare jury instructions. All of this is vital for presenting a successful claim, and win compensation for the victims.
Birth injuries caused by a medical professional's mistake can cause life-altering effects for a family. Children who suffer injuries like this require medical attention and treatment throughout their lives. Families may need help paying for treatments, therapies, and specialized equipment. A skilled New Mexico birth injuries attorney can help families obtain compensation to cover these costs.
In order to file a lawsuit for birth injuries, a family must prove that the doctor or medical provider did not provide the treatment that a reasonable medical professional in similar circumstances would have provided. This is referred to as medical malpractice. To prove this, the injured party must prove four elements that include duty of care, breach of this duty, causation, as well as damages.
Many of the medical errors that result in birth injuries stem from 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 are only evident later in childhood when the child starts missing developmental milestones.
It is important to contact a birth injury lawyer as soon as you can after the injury or the initial statute limitations (SOL) expires. There are some exceptions to the SOL which can prolong the time frame to file a lawsuit. A skilled birth injury attorney can provide specific SOLs applicable to your case and recommend an appropriate time frame for filing a lawsuit.
Medical malpractice claims involving birth injuries typically involve expert testimony to prove that the medical professional's treatment was below the standard of care in their field. Miller Weisbrod Olesky is a qualified medical malpractice firm that works with highly regarded experts across the nation to establish this fact in a birth injuries claim.
How to File a Claim
A birth injury can cause a permanent and life-altering impact on a child, parents and family. A successful claim may provide compensation for medical expenses and income loss as well as suffering and pain. It could also help pay for the cost of equipment and therapies that are specialized. However, a successful claim requires expert medical evidence to prove that the nurse, doctor, or any other healthcare provider breached their duty of care and caused the child's injuries.
A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve by filing an action against the responsible medical professional or healthcare facility. It is crucial to understand that medical malpractice lawsuits are subject to strict statutes of limitation. Lawyers can look over the details of the case to determine when the statute began to run, so that legal action can be taken before it expires.
In some instances doctors may be held responsible for birth injuries, even if medical negligence wasn't committed at the time of birth. This type of negligence could be due to a delay in diagnosing or treating a maternal condition, improper use of forceps during birth or a failed Caesarean section.
A birth injury can be caused by lack or prolonged labor. A New Mexico birth injury lawyer will review the details of a case and identify possible responsible parties, which could include nurses, doctors and hospitals. These lawsuits are typically brought against the hospital in which the healthcare professional who was negligent worked.
It is not uncommon for an individual defendant or their attorney to claim that there could be other causes for the baby's injuries. This could be due to genetic issues or fetal developmental issues. A New Mexico birth injury attorney can assist the family and the victim argue against this claim by proving that there was evidence of malpractice and that the medical professional's negligence or inability to act directly caused the child's injuries.
A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and employ one or more expert medical witnesses to prove that a healthcare provider's action or failure to act was not up to the standard of care in a similar situation and resulted in the child's injuries. A successful claim could result in compensation for future and past medical costs and lost income, as well as discomfort and pain, as well as other damages.