The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical errors during delivery can cause serious birth injuries to newborns. These injuries can lead to a lifetime of medical bills and care that drain families' budgets. Birth injury claims require the same evidence as other malpractice claims. The medical professional must have breached his or her duty to provide reasonable medical care. This is a difficult task. Prepare a Claim The legal procedure for a birth injury case starts with an evaluation of the medical records of your child. These records could contain important evidence that proves that the doctor was negligent. A competent attorney can determine the key pieces of evidence and collect other documents that can be used to support your claim. The attorney will also collaborate with one or more expert medical witnesses to establish that the doctor did not meet the standard of care that would be expected of a medical professional in the same specialty. 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 negligence on the part of the doctor caused the injuries to your child, the next step will be to determine the amount of damages your child is entitled to. This includes past and future medical costs as well as lost earnings throughout a lifetime and suffering and pain. You may be entitled to punitive damages or exemplary damage depending on the severity of the injuries your child sustained. These additional damages are intended to penalize the medical professional at fault for their extreme negligence or disregard and discourage others from acting in the same manner. Many birth injuries are caused by medical errors during the birth of an infant. These errors can happen at any point during pregnancy however they are most likely to occur during the labor and delivery. If a medical professional commits negligence, it could cause serious and lasting injuries to both the mother and child. Erb's Palsy, shoulder dystocia and brain damage are just a few of the most commonly occurring birth injuries. Erb's palsy is a type of nerve damage that causes arm paralysis. It is usually caused by trauma in the delivery of the brachial-plexus. This condition is often preventable by the proper treatment and treatment. New Mexico law has strict statutes that limit the amount of time you have to make a claim for medical malpractice. The attorney can determine whether your case is eligible for an exception to these deadlines. If the statutes of limitations have expired, your case will be dismissed even if you have an excellent case. 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 trial date, as the legal teams analyze the evidence and develop their theories. They must then determine the witnesses and prepare their questions. They must also compile all exhibits to be used during the trial. They also have to prepare jury instructions. All of this is vital for presenting a successful claim and to secure compensation for victims. A birth injury caused by a medical professional's mistake can have life-altering consequences for a family. Children who suffer from such injuries require medical attention and care for the rest of their lives. Families may need assistance paying for treatments, therapies and equipment that is specialized. An experienced New Mexico birth injuries attorney can help families obtain compensation to cover these costs. In order to file a lawsuit for birth injuries, a family must show that the medical provider did not provide the care a reasonable medical professional in similar circumstances would have given. This is known as medical malpractice. To prove this, the injured party must establish four elements that include duty of care, breach of that duty, causation, as well as damages. Many 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 could result in total or partial arm paralysis. Some birth injuries only show up after childhood, when children begin to delay developmental milestones. Contacting a birth injury lawyer as soon as you can after the injury is important as otherwise, the initial statute of limitation (SOL) could run out. However, there are some exceptions to the SOL that may extend the time for filing an action. A knowledgeable birth injury attorney can explain the specific SOLs that apply to your situation and suggest the appropriate timeframe to file a lawsuit. Medical malpractice claims involving birth injuries typically require expert testimony to establish that the doctor's treatment fell below the standards of care they provide in their specialization. A qualified medical malpractice firm, like Miller Weisbrod Olesky works with highly-respected experts across the country to establish these facts in the case of a birth injury. How to File a Claim If a birth injury happens it can cause permanent and life-altering damages to the child parents, child, and family members. A successful claim may provide compensation for medical expenses, income loss and pain and suffering. It can also pay for specific therapies and equipment. However the claim must be backed by expert medical testimony to establish that the nurse, doctor or any other healthcare professional did not fulfill their duty of care and caused the child's injuries. A New Mexico birth injury attorney can help families get the justice they deserve by filing a lawsuit against the responsible healthcare providers or medical facility. It is crucial to remember that medical malpractice lawsuits have strict statutes. A lawyer can review details of the case to determine when the statute started to run and legal action may be taken before it expires. In some instances, doctors can be held accountable for birth injuries, even if medical negligence wasn't committed during the time of birth. This type of negligence may result from an inability to diagnose or treating a maternal condition, improper use of forceps during the delivery, or a failed Caesarean section. A birth injury can also be the result of a lack or prolonged labor. A New Mexico birth-injury lawyer can review a case's facts to determine the possible responsible parties, such as nurses, doctors or hospitals. These lawsuits are typically filed against the hospital in which the negligent healthcare professional worked. It is not uncommon for a defendant, or their attorney, to assert that there are other reasons for the injuries of a baby. This could be due to genetic issues or issues with fetal development. A New Mexico birth injuries attorney can help the victim's family to counter this argument by establishing there was evidence of medical malpractice and the professional's actions and inaction directly led in the child's injury. 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 determine that the healthcare provider's actions or inactions were short of the standard of care for a similar circumstance. This is what caused the child's injuries. A successful claim could result in compensation for damages, which could include past and future medical expenses as well as loss of income and pain and suffering and other damages.