The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes during delivery cause serious birth injuries for newborns. These injuries can cause a lifetime of medical expenses and treatment, which can drain the finances of families.
Like all malpractice claims, birth injuries must prove that the medical professional violated their duty to provide fair medical treatment. This is a difficult task.
Preparing a Claim
The legal process for a birth injury claim begins with a review of the medical records of your child. These records contain a wealth of information that could show that the doctor was negligent. A qualified attorney can identify key pieces of evidence, and collect documents can be used to support your claim.
The attorney will also work with one or more medical experts to establish that the doctor fell below the standards of care that would be expected by a medical professional in the same specialty. A medical expert will help the jury understand how the doctor's actions or inaction led to the injuries suffered by your child.
If the medical expert can prove that negligence by the doctor caused your child's injuries The next step will be to determine the amount of damages your child is entitled to. This includes future and past medical expenses and lost earnings over the course of their lives and suffering and pain.
Based on the severity of your child's injuries you could be entitled to punitive or exemplary damages. These additional damages are intended to penalize the medical professional responsible for their extreme inattention or carelessness, and deter other people from acting in a similar manner.
Many birth injuries are the result of medical errors during the delivery of a baby. These mistakes can occur anytime during pregnancy, but they are most likely to happen during the delivery process. 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 a few of the most common birth injuries. Erb's Palsy is a form of nerve damage that causes paralysis in the arm. It is typically caused by trauma during delivery to the brachial-plexus. Often this condition can be prevented with the right treatment and intervention.
New Mexico law has strict statutes of limitation that stipulate a limited time period during which you can file a medical malpractice lawsuit. Your attorney will determine if your case qualifies to be exempt from these deadlines. If the statutes of limitation have expired and your case is dismissed, even if have a strong case. It is critical to speak with an New Mexico birth injury attorney promptly to ensure timely filing of your lawsuit.
Preparing for the Trial
The process of preparing for trial begins much earlier than the actual trial date, as the legal teams examine the evidence and develop their theory of the case. They must then determine the witnesses and prepare questions for them. They should also prepare all the evidence that will be used during the trial. They will also have to prepare jury instructions. All of this is essential for presenting a successful claim and to secure compensation for victims.
A birth injury caused by an error by a medical professional can cause life-altering effects for a family. Children who suffer injuries like this will require medical treatment and treatment throughout their lives. Families may require financial assistance to pay for therapy, treatments, and specialized equipment. AccidentInjuryLawyers experienced New Mexico birth injuries attorney can help families recover compensation to cover these expenses.
To bring a birth injury lawsuit the family must show that their medical professional or doctor failed to provide the treatment that a reasonable medical professional would have offered under similar circumstances. Medical malpractice is what it is. To prove medical malpractice, the injured party must prove four elements: duty, breach of duty, causation and damages.
Many medical errors that result in birth injuries are simple errors such as misdiagnosis and improper treatment of prenatal issues. Some are more complex such as shoulder dystocia, which can result in complete or partial arm paralysis. Some birth injuries only become apparent later in childhood, when the child begins to fail to meet developmental milestones.
It is essential to contact a birth injuries lawyer as soon as you can after the injury or the initial statute of limitations (SOL) will 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 case and recommend an appropriate timeframe to file a lawsuit.
Birth injuries typically require experts to prove that the doctor's treatment fell below the standards of care in their field. A medical malpractice company that is certified like Miller Weisbrod Olesky works with highly-respected experts across the country to prove these facts in a birth injury claim.
How to File a Claim
When a birth injury occurs, it can cause irreparable and life-altering damage to the child, parents, and family. A successful lawsuit could result in reimbursement for medical expenses and income loss, as well as suffering and pain. It can also pay for special equipment and therapies. A successful claim will require an expert medical opinion that proves the doctor, the nurse, or any other healthcare professional did not fulfill 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 a lawsuit against the accountable healthcare provider or medical facility. It is important to keep in mind that medical malpractice claims are subject to strict statutes. An attorney can look over the specifics of the case and determine the time when the statute of limitation began to expire to ensure that legal action can be initiated prior to the expiration date.
In some instances doctors may be held accountable for a birth injury even if the medical negligence was not present during the time of birth. This kind of negligence could be the result of the delay in diagnosing or treating a maternal problem, improper use of forceps during delivery, or a failed Caesarean section.
Other causes of a birth injury include the lack of oxygen to the brain during labor or prolonged labor. A New Mexico birth-injury lawyer can analyze the case's details to identify possible responsible parties, like nurses, doctors, or hospitals. These lawsuits are often brought against the hospital in which the negligent healthcare professional was employed.
It is not unusual for defendant to claim that there are other reasons for the baby's injuries like birth defects or fetal developmental issues. A New Mexico birth injury attorney can help the family and the victim to counter this argument by proving that there was evidence of negligence and that the medical professional's actions or failure to act on their own directly caused the child's injuries.
Miller Weisbrod Olesky, a New Mexico birth injury attorney, can investigate the case. They can also employ one or more medical experts to establish that the healthcare provider's actions or inactions were below the standard of care for a similar circumstance. This is what caused the child's injuries. A successful claim can recover compensatory damages, which include past and future medical expenses, loss of income, pain and suffering, and other damages.