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The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical mistakes in the delivery room result in serious birth injuries for infants. These injuries can lead to an entire life of medical costs and treatment which drain families' funds. Birth injury claims require the same proof requirements as other malpractice claims. The medical professional must have violated his or her duty to provide reasonable medical treatment. This is a difficult task. Create a Claim The legal process for a birth injury claim begins with a thorough examination of the medical records of your child. These records contain a wealth of information that may show that the doctor was negligent. An experienced attorney can pinpoint the most crucial evidence and collect other documents that can be used to back your claim. The lawyer will also work with one or more medical experts to establish that the doctor fell below the standards of care that would be expected by a medical professional in the same specialty. An expert can help the jurors understand the reason why the doctor's omission to act or conduct led to the injuries of your child. If a medical professional is able to show that the injuries suffered by your child resulted from the doctor's negligence, the next step is to determine what damages your child will receive. This includes future and past medical expenses, lost earnings throughout a lifetime, as well as pain and suffering. Depending on the extent of your child's injuries, you may be eligible for damages, either punitive or exemplary. These additional damages are intended to punish the at-fault medical professional for their recklessness or negligence and discourage others from doing the same. Medical errors made during the delivery of a baby are the cause for a variety of birth injuries. These mistakes can occur at any point during the pregnancy, but are more likely to occur during labor and birth. If a medical professional commits error, it can lead to severe and permanent injuries to both the mother and baby. birth injury litigation , palsy and brain damage are a few of the most common birth injuries. Erb's Palsy is one of the forms of nerve damage that causes paralysis in the arm. It is typically caused by trauma during delivery to the brachial plexus. Most often, this condition can be prevented by proper treatment and intervention. New Mexico law has strict statutes that limit the time you must file a lawsuit for medical negligence. The attorney can determine whether your case is eligible for exceptions to these deadlines. Even the case is strong, it will be dismissed when the time limit has passed. It is critical to contact a New Mexico birth injury attorney immediately to ensure timely filing of your lawsuit. Preparing for the Trial Preparation for a trial begins before the date of trial when the legal teams analyze the evidence and develop their theories. They then must identify all witnesses and prepare their evidence. They must also gather all exhibits which will be used in the trial. They also need to prepare jury instructions. All of this is essential to present a successful claim and secure compensation for the victims. Birth injuries caused by a medical professional's mistake can have life-altering consequences for families. Children who suffer from injuries like this require the ongoing care of a medical professional and assistance. Families may need help paying for treatments, therapies and equipment that is specialized. A skilled New Mexico birth injuries attorney can help families obtain compensation to cover these expenses. To file a birth injury lawsuit the family must show that their doctor or medical provider did not provide the kind of care that an experienced medical professional would have provided under similar circumstances. This is known as medical malpractice. To prove this, the party who was injured must prove four elements: duty of care, breach of this duty, causation, as well as damages. A lot of medical mistakes that result in birth injuries are based on simple errors, like incorrect diagnosis or treatment of prenatal complications. Some are more complex such as shoulder dystocia, which can result in complete or partial arm paralysis. In certain cases, birth injuries are only visible later in childhood, when the child starts missing developmental milestones. Contacting a lawyer for birth injuries as soon as you can following the injury is crucial as otherwise, the statute of limitations (SOL) may expire. There are some exceptions to the SOL which can extend the time period for filing a suit. A knowledgeable birth injury lawyer can explain the SOLs that apply to your particular case and provide an appropriate timeframe to file a lawsuit. Birth injuries usually require experts to prove that the doctor's treatment fell below the standards of care they provide in their specialization. Miller Weisbrod Olesky is a qualified medical malpractice firm which works with highly respected experts across the country to establish this fact in a birth injuries claim. How to File a Claim Birth injuries can cause a permanent and life-altering impact on a child, parents and family. A successful claim may provide reimbursement for medical expenses and income loss, as well as pain and suffering. It may also help cover the costs of specialized equipment and therapies. A successful claim will require expert medical testimony proving that the doctor, nurse, or any other healthcare professional 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 by filing a lawsuit filed against the responsible medical provider or healthcare facility. However, it is important to understand that medical malpractice lawsuits are subject to strict statutes of limitation. Lawyers can examine the specifics of the case to determine when the statute started to run in order that legal action can be taken before it expires. In certain instances, a doctor can be held accountable for a birth injury even if the medical negligence did not occur at the time of birth. This kind of negligence could result from a delay in diagnosing or treating a maternal problem or a mishap with forceps during delivery or a failing Caesarean section. Other causes of birth injury include an insufficient supply of oxygen to the brain during labor or a prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to determine the possible responsible parties, like doctors, nurses, or hospitals. In most cases, these lawsuits are filed against the facility where the healthcare professional who was negligent was employed. It is not unusual for a defendant, or their attorney, to claim 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 assist the family of the victim counter this argument, by proving that the existence of evidence of medical malpractice and 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 establish that a healthcare provider's decision or failure to act fell short of the standard of care in a similar circumstance and resulted in the child's injuries. A successful claim may result in compensation for past and future medical costs, lost income, discomfort and pain, and other damages.