The Work of a New Mexico Birth Injury Attorney
Sadly, many medical errors during the delivery process can cause serious birth injuries to newborns. These injuries can cause the need for ongoing medical bills and care which drain families' funds.
Like all malpractice claims, birth injuries need to prove that the medical professional violated their duty to provide reasonable medical care. This is a complicated undertaking.
Prepare a Claim
The legal procedure for a birth injury case starts with an evaluation of the medical records of your child. These documents contain a wealth of information that may demonstrate that the doctor's negligence was at fault. A qualified attorney can identify the key pieces of evidence and also gather other documents that can be used to support your claim.
The lawyer will also work closely with one or more medical experts to establish that the doctor's actions did not adhere to the standards of care required by professionals in the same field. A medical expert can help jurors understand the reasons why the doctor's inability to act or conduct resulted in the injuries of your child.
If the medical expert can prove that the doctor's negligence caused your child's injuries, the next step will be to determine what damages your child is entitled to. birth injury attorney washington county will include future and past medical expenses and lost earnings over a lifetime and pain and suffering.
Based on the severity of your child's injuries, you could be legally entitled to punitive or exemplary damages. These additional damages are intended to punish the at-fault medical professional for their extreme carelessness or negligence and discourage others from committing the same actions.
Medical errors made during the delivery of a child are the reason for many birth injuries. These mistakes can occur at any time during pregnancy, but are more likely to occur during labor and birth. If a medical professional is guilty of malpractice, they can cause grave and long-lasting injuries to both the mother and baby.
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 type of nerve damage which causes paralysis in the arm. It is usually caused by trauma in the delivery of the brachial-plexus. The condition is usually preventable by the proper treatment and treatment.
New Mexico law has strict statutes of limitations that impose a limited time period during which you are able to bring a medical malpractice lawsuit. Your attorney will determine if your case qualifies for an exemption to these deadlines. Even even if your case is a strong one, it will be dismissed in the event that the statute of limitations has expired. To ensure that your lawsuit is filed on time, it is important to speak with a New Mexico attorney for birth injury as soon as you are able to.
Prepare for Trial
The preparation for a trial starts much earlier than the date of trial and the legal teams examine the evidence and formulate their theories. They must then identify all witnesses and prepare questions for them. They will also have to compile all exhibits that will be used during the trial. They will also need to prepare jury instructions. All of this preparation is essential for presenting a successful claim and winning compensation for victims.
A birth injury caused by a medical professional's mistake can result in life-altering consequences for a family. Children who suffer from such injuries will need medical services and treatment throughout their lives. Families may require financial aid to pay for therapies as well as treatments and equipment. A skilled New Mexico birth injury attorney can assist families in obtaining the financial compensation needed to help pay for these needs.
To bring a birth injury lawsuit, a family must prove that their doctor or medical provider did not provide the kind of care that an experienced medical professional would have given in similar circumstances. This is referred to as medical malpractice. To prove medical negligence, the person who suffered must prove four elements that include breach of duty, causation and damages.
Many of the medical errors that result in birth injuries are based on simple errors, such as misdiagnosis or improper treatment of prenatal complications. Some are more complex, like shoulder dystocia which can cause partial or total arm paralysis. In some instances birth injuries, they only become evident later in childhood when the child starts missing 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) expires. There are some exceptions to the SOL which may extend the time limit to file a lawsuit. A skilled birth injury lawyer can explain the SOLs that are applicable to your case and recommend the best time frame to file a lawsuit.
Birth injuries usually require experts to prove that the doctor's treatment fell below the standards of care for their specialty. A qualified medical malpractice firm such as Miller Weisbrod Olesky, works with highly-regarded experts around the country to prove the facts of an injury claim involving birth.
How to Claim a Claim?
Birth injuries can have a lasting and life-altering impact on a child, parents and the family. A successful claim may provide compensation for medical expenses, income loss as well as suffering and pain. It could also cover the cost of special equipment and therapies. A successful claim requires an expert medical opinion that proves the doctor, nurse, or any other healthcare provider 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 with an action against the accountable medical professional or healthcare 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 was set to expire, to ensure that legal action can be initiated before it expires.
In certain instances doctors may be held responsible for birth injuries even if medical negligence was not committed at the time of delivery. This type of negligence may be the result of a delay in diagnosing or treating a maternal issue or a mishap with forceps during delivery or a failed Caesarean section.
A birth injury can also be caused by a lack or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to identify potential responsible parties, including doctors, nurses and hospitals. Often the lawsuits are filed against the facility where the healthcare professional who was negligent was employed.
It is not unusual for an individual defendant or their lawyer to claim that there may be other reasons for the injuries of a baby. This could be due to genetic issues 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 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 employ one or more expert medical witnesses to establish that a health care provider's actions or inability to act fell below the standard of care in a similar circumstance and resulted in the child's injuries. A successful claim can recover compensation for damages, which could include past and future medical expenses and income loss and pain and suffering and other damages.