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The Work of a New Mexico Birth Injury Attorney Unfortunately, many mistakes made by doctors during delivery can cause serious birth injuries in newborns. These injuries can cause a lifetime of medical expenses and treatment, which can cause financial hardship for families. Like all malpractice claims, birth injuries must prove that the medical professional breached their obligation to provide reasonable medical treatment. This is a complicated task. Preparing a Claim The legal procedure for a birth injury lawsuit begins with an evaluation of the medical records of your child. These records contain a wealth of information that may demonstrate that the doctor's negligence was at fault. A competent lawyer will be able to determine the most crucial evidence, and also collect documents that can be used to support your claim. The attorney will also work with one or more expert medical witnesses to prove that the doctor did not meet the standards of care that would be expected of a medical professional in the same field. Experts can help jurors to understand the reason why the doctor's omission to act or actions resulted in the injuries of your child. If a medical professional is able to show that the injuries suffered by your child resulted from a doctor's negligence, the next step is determining what damages your child could be liable for. This includes past and future medical expenses, lost earnings throughout life, as well as pain and suffering. Depending on denver birth injury attorney of your child's injuries you may be eligible for punitive or exemplary damages. These additional damages are designed to penalize the at-fault medical professional for their extreme carelessness or negligence and discourage others from committing the same actions. Many birth injuries are caused by medical errors during the birth of the baby. These errors can happen anytime during pregnancy however they are most likely to occur during the delivery process. If a medical professional commits negligence, it could cause grave and long-lasting injuries to both the mother and infant. Some of the most common birth injuries are shoulder dystocia, brain damage spinal cord injuries, and Erb's palsy. Erb's palsy is a type of nerve injury that can cause partial or complete arm paralysis and is usually caused by injury to the brachial plexus during birth. Most often this problem can be avoided with proper treatment and intervention. New Mexico law has strict statutes that limit the amount of time you must make a claim for medical negligence. Attorneys can determine if your case qualifies for exemptions to these deadlines. Even if your case is strong it could be dismissed when the statute of limitations has expired. To ensure that your lawsuit is filed on time, it is important to speak with an New Mexico attorney for birth injury as soon as you can. Preparing for trial The process of preparing for a trial begins ahead of the trial date, as legal teams examine the evidence and formulate their theories about the case. They must then identify all witnesses and write questions for them. They should also prepare all the evidence that will be used in the trial. They must also prepare jury instructions. All of this is crucial to present a successful claim, and win compensation for the victims. A birth injury that is the result of a medical professional's mistake can have life-altering consequences for families. Children who suffer such injuries will require medical treatment and care for the rest of their lives. Families may need financial assistance to pay for therapy or treatments as well as specialized equipment. An experienced New Mexico birth injury attorney can assist families in obtaining financial compensation that will pay for these requirements. In order to bring a birth injury lawsuit the family must show that their doctor or medical provider failed to provide the treatment that reasonable medical professionals would have provided under similar circumstances. This is known 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 mistakes that cause birth injuries are based on simple errors, like incorrect diagnosis or treatment of prenatal complications. Some are more complex, like shoulder dystocia which can cause partial or total arm paralysis. In certain cases birth injuries are only evident later in childhood when the child begins missing developmental milestones. It is essential to speak with a birth injury lawyer as soon as possible after the injury, or the initial statute of limitations (SOL) will expire. There are exceptions to the SOL which can extend the time limit for filing a suit. A knowledgeable birth injury lawyer can explain the SOLs that apply to your situation and suggest the best time frame for filing a suit. Medical malpractice claims involving birth injuries typically 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 which works with highly respected experts across the nation to prove this fact in a birth injury case. Filing a Claim When a birth injury occurs it can cause permanent and life-altering damages to the child parents, child, and family. A successful claim may offer compensation for future and current medical expenses, loss of income, and pain and suffering. It can also help to pay for the cost of specialized equipment and therapies. However, a successful claim requires expert medical testimony to establish 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 to receive the justice they deserve with a lawsuit filed against the accountable medical provider or healthcare facility. It is important to note that medical malpractice claims have strict statutes. A lawyer can review the specifics of the case and determine when the statute of limitations was set to expire, in order for legal action to be taken before the statute of limitations expires. In some instances doctors may be held liable for a birth injury even if the medical error occurred at the time of delivery. This type of negligence could result from a delay in diagnosing or treating a maternal condition or the improper use of forceps during the delivery or a failing Caesarean section. Other causes of birth injury are the 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 identify possible accountable parties, including nurses, doctors or hospitals. The lawsuits are usually filed against the institution where the negligent healthcare professional was employed. It is not unusual for defendant to claim that there could be other causes for the baby's injuries such as birth defects or fetal developmental issues. A New Mexico birth injury attorney can help the family and the victim counter this argument by establishing that there was evidence of malpractice and that the medical professional's actions or inability to act in a direct manner caused the child's injuries. Miller Weisbrod Olesky, a New Mexico birth injury attorney will examine the case. They can also employ one or more medical experts to determine that the healthcare provider's actions or inactions fall below the standard of care for similar situations. This is the reason for the child's injuries. A successful claim could result in compensation damages, which can include future and past medical expenses and income loss as well as pain and suffering and other damages.