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The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical errors in the delivery room result in serious birth injuries to newborns. These injuries can cause an entire life of medical costs and treatment that deplete families' finances. Birth injuries require the same evidence as other malpractice claims. The medical professional must have violated their duty to provide a reasonable medical treatment. This is a difficult task. Create a Claim The legal procedure for a birth injury case starts by analyzing the medical records of your child. These documents are full of information that could prove the doctor acted negligently. A competent attorney can determine the key pieces of evidence and also gather other documents that can be used to back your claim. The lawyer will also collaborate with one or more expert medical witnesses to prove that the doctor fell below the standard of care that would be expected of medical professionals in the same specialty. A medical expert can help jurors to understand the reasons why the doctor's inability to act or actions caused the injuries to your child. If a medical expert can prove that negligence by the doctor caused your child's injuries the next step would be to determine the amount of damages your child is entitled to. This includes past and future medical costs, lost earnings throughout life and suffering and pain. Depending on the extent of your child's injuries, you could be eligible for damages for punitive or exemplary injuries. These additional damages are designed to punish the at-fault medical professional for their carelessness or disregard and deter others from committing the same actions. Medical mistakes made during the birth of a child are responsible for numerous birth injuries. These errors can occur at any point during the pregnancy however, they are more likely to occur during labor and birth. When a medical professional commits error, it can lead to grave and long-lasting injuries to both the mother and baby. Erb's shoulder dystocia, palsy and brain damage are some 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 in the delivery of the brachial plexus. The condition can be prevented with the correct treatment and treatment. New Mexico law has strict laws that limit the time you have to make a claim for medical negligence. Attorneys can determine if your case is eligible for exemptions to these deadlines. If the statutes of limitation have been reached the case will be dismissed even if you have a strong case. To ensure that your lawsuit is filed on time, it is essential to speak with an New Mexico attorney for birth injury as early as you can. Prepare for trial The process of preparing for a trial starts much before the trial date, as legal teams survey the evidence and formulate their theories about the case. They must then identify all witnesses and prepare questions for them. They will also have to compile all the evidence that will be used in the trial. They also need to prepare jury instructions. All of this is essential to make a claim that is successful and secure compensation for the victims. A birth injury that is caused by a medical mistake can have a life-changing impact on a family. Children who suffer from these injuries require an entire lifetime of medical treatment and services. Families may require assistance to pay for treatments, therapies, and equipment that is specialized. A skilled New Mexico birth injuries attorney can assist families in obtaining compensation to cover these expenses. In order to file a lawsuit for birth injuries, the family must prove that the doctor or medical professional did not provide the treatment that a reasonable medical professional under similar circumstances would have given. This is known as medical malpractice. To prove this, the injured party must prove four elements that include duty of care, breach of this duty, causation, and damages. Many of the medical mistakes that cause 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 can cause partial or total arm paralysis. AccidentInjuryLawyers show up later in childhood, as the child begins to miss developmental milestones. Contacting a birth injury attorney as soon as you can following the injury is important in order to avoid the time frame when the initial statute of limitations (SOL) may expire. However, there are some exceptions to the SOL that may prolong the time required to file lawsuits. A skilled lawyer for birth injuries can explain the SOLs that apply to your case and recommend an appropriate timeframe to file a lawsuit. Expert testimony is typically required to demonstrate that the doctor's care was not in line with the standards for their area of expertise. A qualified medical malpractice firm, like Miller Weisbrod Olesky, works with highly-regarded experts around the country to establish the facts of an injury claim involving birth. How to File a Claim If a birth injury occurs it can cause lasting and life-altering injuries to the child parents, the child, and the family members. A successful lawsuit could result in compensation for medical expenses, income loss as well as pain and suffering. It can also cover the cost of special equipment and therapies. However, a successful claim requires expert medical evidence to prove that the nurse, doctor or 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 with a lawsuit against the accountable medical professional or healthcare facility. However, it is important to know that medical malpractice claims are subject to strict statutes of limitations. A lawyer can review details of the case to determine when the statute started to run, so that legal action can be taken before it expires. In some instances, doctors can be held accountable for birth injuries, even if medical negligence was not committed at the time of birth. This kind of negligence could be due to the delay in diagnosing or treating a maternal problem or a mishap with forceps during the delivery or a failed Caesarean section. Birth injuries can be caused by absence or prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to determine if there are any responsible parties, such as doctors, nurses, or hospitals. In most cases these lawsuits are filed against the hospital where the negligent healthcare professional was employed. It is not uncommon for a defendant to claim that there are other causes for the baby's injuries, such as genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can help the victim's family fight this argument by proving that the existence of evidence of medical malpractice, and that the professional's actions and failure to act directly resulted in the child's injuries. Miller Weisbrod Olesky, a New Mexico birth injury attorney will examine the case. They can also engage one or more medical experts to determine that the healthcare provider's actions or inactions fell below the standard of care for a similar circumstance. This is the reason for the child's injuries. A successful claim could result in compensation for damages, which could include future and past medical expenses, loss of income and pain and suffering and other damages.