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The Work of a New Mexico Birth Injury AttorneyUnfortunately, many medical mistakes during delivery cause serious birth injuries to newborns. These injuries can result in the need for ongoing care and medical expenses which drain families’ funds.Like all malpractice claims, birth injuries require proving that the medical professional breached their duty to provide reasonable medical care. This is a complex task.Prepare a ClaimThe legal process in a birth injury claim starts with a thorough review of your child’s medical records. These documents are full of information that could demonstrate that the doctor’s negligence was at fault. A qualified attorney can identify the most crucial evidence and gather other documents that can be used to support your claim.The lawyer will also collaborate with one or more medical experts to prove that the doctor did not meet the standard of care that would be expected from medical professionals in the same specialty. Experts can help jurors understand how the doctor’s failure to act or actions led to the injuries of your child.If a medical expert can establish that negligence on the part of the doctor caused the injuries to your child, the next step will be to determine what damages your child is entitled to. This will include past and future medical expenses as well as loss of earnings over the course of a year as well as pain and suffering.Depending on the severity of your child’s injuries, you may be entitled to damages, either punitive or exemplary. These additional damages are meant to penalize the medical professional responsible for their extreme negligence or disregard and to deter others from acting in a similar manner.Medical errors made during the birth of a child are responsible for numerous birth injuries. These mistakes can occur at any point during pregnancy, but they are most likely to occur during labor and delivery. When a medical professional commits negligence, it could cause severe and permanent injuries to both the 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 type of nerve damage that results in arm paralysis. It is usually caused by trauma during delivery to the brachial-plexus. This condition is often preventable by the proper treatment and intervention.New Mexico law has strict laws that limit the time you must make a claim for medical malpractice. Your lawyer will determine if your case qualifies for an exemption to these deadlines. If the statutes of limitation have been reached the case will be dismissed, even if you have an excellent case. To ensure that your lawsuit is filed in time, it is important to get in touch with a New Mexico attorney for birth injury as early as you can.Preparing for the TrialThe process of preparing for a trial begins ahead of the trial date, when legal teams review the evidence and develop their theories about the case. They must then determine the witnesses and prepare their questions. They must also gather all exhibits which will be used during the trial. They must also prepare jury instructions. All of this preparation is critical to presenting a successful claim and winning compensation for the victims.A birth injury that is the result of the negligence of a medical professional could result in life-altering consequences for the entire family. Accident Injury Lawyers who suffer from these injuries require an entire lifetime of medical treatment and treatments. Families may need assistance paying for treatments, therapies and equipment that is specialized. A skilled New Mexico birth injuries attorney can help families obtain compensation to cover these expenses.In order to file a lawsuit for birth injuries, a family must demonstrate that the medical professional did not provide the care that a reasonable medical professional under similar circumstances would have given. This is referred to as medical malpractice. To prove this, the victim must prove four elements such as duty of care, breach of this duty, causation, as well as damages.Many of the medical errors that result in birth injuries are based on simple errors, like the wrong diagnosis or inadequate treatment for prenatal complications. Some are more complex such as shoulder dystocia that could result in total or partial arm paralysis. Some birth injuries only become apparent after childhood, when children begin to delay developmental milestones.It is essential to speak with a birth injury lawyer as soon as you can after the injury, or before the initial statute of limitations (SOL) will run out. There are some exceptions to the SOL that can prolong the time frame to file a lawsuit. A skilled birth injury lawyer can explain the SOLs that are applicable to your particular case and provide a timeline to file a lawsuit.Medical malpractice claims involving birth injuries usually require expert testimony to establish that the medical professional’s treatment was below the standards of care they provide in their specialization. Miller Weisbrod Olesky is an experienced medical malpractice firm that collaborates with highly respected experts from across the country to prove this in a birth injuries claim.Filing a ClaimA birth injury can have a permanent and life-altering impact on the child, parents and family. A successful claim may provide compensation for medical expenses and income loss as well as suffering and pain. It may also cover the cost of specific therapies and equipment. A successful claim requires medical expert testimony that proves that the doctor, nurse, or any other healthcare professional did not fulfill their duty of care and aggravated the child’s injuries.A New Mexico birth injury lawyer can help families receive the justice they deserve with a lawsuit against the accountable medical professional or healthcare facility. It is crucial to understand that medical malpractice claims are subject to strict statutes of limitations. A lawyer can review the details of the case and determine when the statute of limitations was set to expire, in order for legal action to be initiated prior to the expiration date.In certain instances doctors may be held accountable for birth injuries even though medical negligence wasn’t committed at the time of birth. This type of negligence may be the result of the delay in diagnosing or treating a maternal problem or the improper use of forceps during birth or a failing Caesarean section.Other causes of a birth injury include a lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth-injury lawyer can review a case’s facts to determine if there are any responsible parties, like nurses, doctors, or hospitals. Often the lawsuits are filed against the facility where the negligent healthcare professional was employed.It is not unusual for an individual defendant or their attorney to argue that there could be other reasons for the injuries of a baby. These could be genetic problems or fetal developmental issues. A New Mexico birth injury attorney can assist the victim and their family to counter this argument by proving that there was evidence of negligence and that the medical professional’s negligence or inability to act on their own directly caused 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 establish that a healthcare provider’s action or failure to act fell below the standard of care in a similar situation and resulted in the child’s injuries. A successful case could result in the payment of past and future medical costs and lost income, as well as pain and discomfort, and other damages.