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The Work of a New Mexico Birth Injury Attorney Unfortunately, many mistakes made by doctors during the delivery can cause serious birth injuries in newborns. These injuries can lead to an entire lifetime of medical costs and care, which can drain the finances of families. Like all malpractice claims, birth injury cases must prove that the medical professional breached their duty to provide fair medical care. This is a complex task. Prepare a Claim The legal procedure for a birth injury lawsuit begins with a review of the medical records of your child. These documents could contain valuable information that proves that the doctor was negligent. A qualified attorney can identify the key pieces of evidence and gather other documents that can be used to back your claim. The lawyer will also collaborate with one or more medical experts to prove that the doctor fell below the standard of care that should be expected from medical professionals in the same specialty. A medical expert can help the jury understand how the doctor's actions, or inaction led to your child's injuries. If a medical professional is able to demonstrate that your child's injuries were caused by the doctor's negligence the next step is to determine the damages your child will receive. This includes future and past medical expenses and lost earnings over a lifetime, as well as suffering and pain. You may be entitled to punitive damages or exemplary damage dependent on the severity of the injuries sustained by your child. These additional damages are designed to punish the medical professional at fault for their utter negligence or disregard and to deter others from acting in the same way. Many birth injuries are the result of medical errors during the delivery of a baby. These mistakes can happen at any time during pregnancy however, they are more likely to occur during labor and birth. Medical malpractice can result in serious and long-lasting injuries for both mother and child. Erb's Palsy, shoulder dystocia and brain damage are some of the most frequent birth injuries. Erb's palsy is a type of nerve damage which causes arm paralysis. It is typically caused by trauma in the delivery of the brachial-plexus. Often the condition can be prevented with the right treatment and intervention. New Mexico law has strict statutes of limitations that dictate a limited time period during which you are able to make a claim for medical malpractice. Your attorney will determine if your case qualifies for an exemption to these deadlines. If the statutes of limitations have run out the case will be dismissed, even if you have an excellent case. To ensure that your lawsuit is filed in time, it is essential to speak with a New Mexico attorney for birth injury as soon as you are able to. Prepare for trial The work of preparing for a trial starts much ahead of the trial date, as the legal teams review the evidence and establish their theories about the case. They then must identify all witnesses and prepare their evidence. They will also have to compile all exhibits to be used in the trial. They also need to prepare jury instructions. All of this is vital to make a claim that is successful and secure compensation for victims. A birth injury caused by a medical error can cause a profound impact on a family. Children who suffer such injuries will require medical treatment and care for the rest of their lives. Families may require financial aid to pay for therapy as well as treatments and equipment. An experienced New Mexico birth injury attorney can help families recover financial compensation that can cover the costs of these expenses. To start a lawsuit for birth injuries the family must show that their doctor or medical provider failed to provide the care that an experienced medical professional would have given in similar circumstances. This is known as medical malpractice. To prove medical malpractice, the victim must prove four elements such as breach of duty, causation and damages. Many of the medical errors that result in birth injuries stem from simple errors, like the wrong diagnosis or inadequate treatment for prenatal complications. Some are more complex such as shoulder dystocia. This is an illness which can result in total or partial arm paralysis. In some cases birth injuries, they only become apparent later in childhood, as the child is unable to complete developmental milestones. It is important to contact a birth injury lawyer as soon as possible after the injury, or the initial statute limitations (SOL) expires. There are exceptions to the SOL which may extend the time limit to file a lawsuit. A skilled lawyer for birth injuries can explain the SOLs that are applicable to your particular case and provide the best time frame for filing a suit. Expert testimony is often required to prove that the doctor's treatment was not in line with the standards for their specialty. Miller Weisbrod Olesky is a qualified medical malpractice firm that works with highly regarded experts from across the country to prove this fact in a birth injury claim. How to File a Claim When a birth injury occurs, it can cause lasting and life-altering injuries to the child, parents, and family. A successful claim may offer compensation for current and future medical expenses, loss of income, and pain and suffering. It could also pay for specific therapies and equipment. However an effective 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. birth trauma attorney can assist families in obtaining justice by making a claim against responsible medical professionals or the healthcare facility. It is crucial to know that medical malpractice claims are subject to strict statutes of limitations. A lawyer can review the specifics of the case and determine the time when the statute of limitation began to expire so that legal action can be initiated before it expires. In some cases doctors can be held liable for a birth injury even if the medical error did not occur at the time of birth. This type of negligence can be caused by a delay in diagnosing an illness in the mother, or incorrectly using forceps to deliver the baby, or even an unsuccessful Caesarean. Other causes of a birth injury are a lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth-injury lawyer can analyze the case's details to identify possible accountable parties, including doctors, nurses, or hospitals. Often these lawsuits are filed against the hospital where the negligent healthcare professional was employed. It is not uncommon for defendant to claim that there are other reasons for the baby's injuries like genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can assist the family of the victim to counter this argument by establishing there was evidence of medical malpractice and that the actions of the medical professional and their inaction directly led in 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 prove that a healthcare provider's actions or inability to act was not up to the standard of care in a similar circumstance and caused the child's injuries. A successful case can result in compensatory damages, which include past and future medical expenses as well as loss of income, pain and suffering, and other damages.