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The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical mistakes in the delivery room can cause serious birth injuries for infants. These injuries can result in an ongoing medical bill and medical care, which could drain the finances of families. Like all malpractice claims, birth injury cases require proving that the medical professional breached their obligation to provide reasonable medical care. This is a complex task. Create a Claim The legal procedure for a birth injury lawsuit begins by analyzing the medical records of your child. These records could contain important information that proves that the doctor was negligent. A qualified attorney can identify the most crucial evidence and gather other documents that can be used to back your claim. The attorney will work closely with one or more medical experts to establish that the doctor's actions did not meet the standard of medical care expected of a professional in the same field. Using an expert can assist the jury in understanding the reasons why the doctor's actions or failure to act led to your child's injuries. If a medical professional can show that the injuries suffered by your child resulted from a doctor's negligence the next step is to determine what damages your child is likely to suffer. This includes future and past medical costs, lost earnings throughout life and pain and suffering. Based on the extent of your child's injuries you could be legally entitled to damages, either punitive or exemplary. These additional damages are designed to punish the at-fault medical professional for their extreme carelessness or disregard and deter others from acting similarly. Medical mistakes made during the birth of a baby are the cause for many birth injuries. These mistakes can happen at any time during pregnancy, but they are most likely to occur during labor and delivery. Medical malpractice can result in serious and long-lasting injuries for both the mother and the child. Erb's shoulder dystocia, palsy and brain damage are some of the most common birth injuries. Erb's palsy is a type of nerve damage that results in partial or complete arm paralysis, and is typically caused by trauma to the brachial plexus during the birth. Most often, this problem can be avoided with proper treatment and intervention. New Mexico law has strict statutes of limitations that impose the time frame within which you can make a claim for medical malpractice. The lawyer will determine if your case is eligible for an exception to these deadlines. If the statutes of limitation have been reached and your case is dismissed, even if you have a strong case. It is crucial to speak with an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit. Preparing for the Trial The preparation for a trial begins ahead of the trial date, as the legal teams survey the evidence and establish their theory of the trial. Then, they must identify all witnesses and write questions for them. They must also compile all exhibits that will be used in the trial. They must also prepare jury instructions. All of this is essential to present a successful claim and secure compensation for the victims. A birth injury that is caused by a medical mistake can be life-altering for a family. Children who suffer from such injuries require medical attention and treatment throughout their lives. Families may require assistance to pay for treatments, therapies, and specialized equipment. An experienced New Mexico birth injury attorney can help families obtain financial compensation that can help pay for these needs. To bring a lawsuit against a birth injury, a family has to show that the medical professional did not provide the care that a reasonable medical professional in similar circumstances would have offered. Medical malpractice is what this is. To prove medical malpractice, the victim needs to establish four elements that include breach of duty, causation, and damages. Many medical mistakes that cause birth injuries are merely mistakes like misdiagnosis and inadequate treatment of prenatal issues. Some are more complex such as shoulder dystocia, which can cause partial or total arm paralysis. Some birth injuries only show up after childhood, when children begin to fail to meet developmental milestones. It is crucial to contact a birth injuries lawyer as soon as possible after the injury, or before the initial statute of limitations (SOL) expires. There are exceptions to the SOL that can extend the time limit to file a lawsuit. An experienced birth injury lawyer can explain the specific SOLs that apply to your situation and suggest the appropriate timeframe for filing an action. Expert testimony is typically required to demonstrate that the doctor's care fell below the standard for their area of expertise. A reputable medical malpractice firm, like Miller Weisbrod Olesky is able to work with highly-regarded experts around the country to establish the facts of the case of a birth injury. How to File a Claim If a birth injury occurs, it can cause lasting and life-altering injuries to the child, parents, and family. A successful claim could offer compensation for future and current medical expenses, loss of income, and suffering and pain. It can also help to cover the costs of specialized equipment and therapies. A successful claim will require an expert medical opinion that proves the doctor, nurse or any other healthcare provider violated their duty to care and caused the child’s injuries. A New Mexico birth injury attorney can assist families in obtaining the justice they deserve by filing a lawsuit against the accountable healthcare providers or medical facility. It is important to keep in mind that medical malpractice claims have strict statutes. Accident Injury Lawyers can go over the details of the case and determine the time when the statute of limitation was set to expire, to ensure that legal action can be taken before the statute of limitations expires. In certain instances, doctors can be held responsible for birth injuries even if medical negligence was not present at the time of delivery. This type of negligence may be the result of an inability to diagnose or treating a maternal issue, improper use of forceps during birth, or a failed Caesarean section. Other causes of birth injury could be 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 identify the parties who could be responsible, such as nurses, doctors and hospitals. In most cases these lawsuits are brought against the hospital in which the negligent healthcare professional was employed. It is not unusual for defendant to argue that there are other causes for the baby's injuries, such as genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can help the victim's family to counter this argument by proving that the existence of evidence of medical malpractice, and that the actions of the doctor and his inaction directly led in the child's injuries. Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to examine the case. They can also engage one or more medical experts to establish that the healthcare provider's actions or inactions fell below the standard care for a similar circumstance. This is the reason for the child's injuries. A successful claim can recover compensation for damages, which could include past and future medical expenses, loss of income, pain and suffering, and other damages.