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The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical mistakes during the delivery can lead to serious birth injuries in newborns. These injuries can lead to a lifetime of medical expenses and care, which can cause financial hardship for families. Birth injuries require the same evidence as other malpractice claims. The medical professional must have acted in breach of their duty to provide reasonable medical treatment. This is a complex undertaking. Create a Claim The legal process of a birth injury lawsuit starts with a thorough review of the medical records of your child. These records contain a wealth of information that could prove the doctor acted negligently. A competent attorney will be able to find the most important evidence, and also collect documents you can use to support your claim. The lawyer will also collaborate with one or more medical experts to establish that the doctor's actions were not up to the standards of care that would be expected by medical professionals in the same specialty. An expert's testimony can assist the jury in understanding how the doctor's actions or failure to act led to your child's injuries. If the medical expert can demonstrate that your child's injuries were caused by the doctor's negligence The next step is to determine what damages your child is likely to suffer. This includes future and past medical costs as well as lost earnings throughout the course of their lives, as well as pain and suffering. Based on the severity of your child's injuries you could be legally entitled to damages for punitive or exemplary injuries. These additional damages are designed to punish the medical professional for their recklessness or inattention, and to deter others from acting similarly. Medical mistakes made during the birth of a baby are the cause for a variety of birth injuries. These errors can happen anytime during pregnancy but tend to occur during the delivery process. When a medical professional commits malpractice, they can cause serious and lasting injuries to both the mother and infant. Some of the most common types of birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's Palsy is a form of nerve damage that results in arm paralysis. It is typically caused by trauma during delivery to the brachial-plexus. Often the problem can be avoided with appropriate treatment and intervention. New Mexico law has strict statutes that limit the time you must bring a lawsuit relating to medical negligence. Your lawyer will determine if your case qualifies to be exempt from these deadlines. If the statutes of limitation have expired the case will be dismissed, even if you have an excellent case. It is critical to get in touch with a New Mexico birth injury attorney immediately to ensure the timely filing of your lawsuit. Preparing for trial The preparation for a trial starts much before the trial date, when legal teams survey the evidence and develop their theories of the case. They then must identify all witnesses and formulate their questions. They will also need to gather all evidence that will be used during the trial. They must also prepare jury instructions. All of this is vital to present a successful claim, and win compensation for victims. A birth injury that is caused by a medical mistake can cause a profound impact on the family. Children who suffer from such injuries require the ongoing care of a medical professional and treatments. Families may require assistance to pay for treatments, therapies, and equipment that is specialized. A skilled New Mexico birth injury attorney can help families recover financial compensation that will cover the costs of these needs. In order to file a birth injury lawsuit the family must show that their doctor or medical provider failed to provide the treatment that an experienced 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: duty, breach of duty, causation, and damages. Many of the medical errors that cause birth injuries are simple mistakes like misdiagnosis or improper treatment of prenatal issues. Certain are more complicated such as shoulder dystocia that can cause partial or total arm paralysis. In some instances birth injuries are only evident later in childhood when the child is unable to complete developmental milestones. It is essential to contact a birth injuries lawyer as soon as you can after the injury or the initial statute limitations (SOL) expires. There are however some exceptions to the SOL that may prolong the time to file a lawsuit. A skilled birth injury attorney can provide specific SOLs that apply to your particular case and recommend an appropriate timeline for filing a lawsuit. Birth injuries usually require expert testimony to prove that the doctor's care fell below the standard of care they provide in their specialization. Miller Weisbrod Olesky is an experienced 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 When a birth injury occurs it can cause permanent and life-altering damages to the child parents, child, and family members. A successful claim may pay for current and future medical expenses, income loss as well as pain and suffering. It can also be used to pay for specific therapies and equipment. A successful claim will require medical expert testimony that proves that the doctor, nurse or any other healthcare provider breached their duty of caring and aggravated the child's injuries. A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve with a lawsuit filed against the accountable medical provider or healthcare facility. However, it is important 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 the statute expires. In some cases, a doctor can be held accountable for birth injuries even if the medical negligence did not occur at the time of birth. This kind of negligence could be the result of an inability to diagnose or treating a maternal problem, improper use of forceps during the delivery or a failing Caesarean section. Other causes of birth injury include an insufficient supply of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury lawyer can review the facts of a case and identify the parties who could be responsible, such as doctors, nurses, and hospitals. The lawsuits are usually filed against the institution in which the negligent healthcare professional worked. maryland birth injury attorney is not unusual for the defendant or their attorney to assert that there may be other reasons behind the injuries of a baby. These could be genetic problems or issues with fetal development. A New Mexico birth injury attorney can help the family of the victim counter this argument by establishing that there was evidence of malpractice and that the medical professional's actions or failure to act in a direct manner caused the child's injuries. Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to investigate the case. They can also engage one or more medical experts to prove that the healthcare provider's actions or inactions fell short of the standard of care for similar situations. This is what caused the child's injuries. A successful claim can recover compensation damages, which can include future and past medical expenses as well as loss of income, pain and suffering, and other damages.