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The Work of a New Mexico Birth Injury Attorney Sadly, many medical errors during delivery cause serious birth injuries to newborns. These injuries can result in an ongoing medical bill and medical care, which could take the financial burden off families. Like all malpractice claims, birth injury cases need to prove that the medical professional violated their duty to provide fair medical care. This is a complex undertaking. Prepare a Claim The legal process of a birth injury claim begins with a thorough examination of the medical records of your child. These documents could contain valuable information that proves the doctor was negligent. A qualified attorney can identify the most crucial evidence and gather other documents that can be used to prove your claim. The lawyer will also work closely with one or more medical experts to establish that the doctor did not meet the standards of care required by a professional in the same field. Experts can help jurors comprehend the reasons why the doctor's inability to act or conduct led to the injuries of your child. If a medical expert can establish that negligence on the part of the doctor caused the injuries to your child the next step would be to determine the damages your child is entitled to. This will include future and past medical expenses and loss of earnings over the course of a year, and suffering and pain. You may be entitled to punitive damages or exemplary damages depending on the severity of the injuries that your child sustained. These additional damages are intended to punish the medical professional responsible for their reckless inattention or carelessness and discourage others from acting in a similar way. Many birth injuries are the result of medical errors during the birth of a baby. These errors can happen at any time during pregnancy, but they are most likely to occur during the delivery process. If a medical professional commits negligence, it could cause severe and permanent injuries to both the mother and infant. Erb's palsy, shoulder dystocia, and brain damage are some of the most frequent birth injuries. Erb's Palsy is a form of nerve damage that results in arm paralysis. It is usually caused by trauma during delivery to the brachial plexus. This condition is often preventable with the correct treatment and intervention. New Mexico law has strict laws that limit the time you must make a claim for medical negligence. The lawyer will determine if your case qualifies for exemptions to these deadlines. If birth injury lawsuit settlements of limitation have been reached and your case is dismissed, even if have a strong case. To ensure that your lawsuit is filed on time, it is essential to get in touch with a New Mexico attorney for birth injury as soon as you can. Preparing for the Trial The preparation for a trial starts before the date of trial when the legal teams analyze the evidence and develop their theories. They then must identify all witnesses and formulate their questions. They will also need to gather all exhibits that will be used in the trial. They also need to prepare jury instructions. All of this preparation is essential to presenting a winning claim and winning compensation for the victims. A birth injury that is the result of an error by a medical professional can have life-altering consequences for a family. Children who suffer injuries like this require medical attention and care throughout their lives. Families may require assistance to pay for treatments, therapies, and specialized equipment. An experienced New Mexico birth injury attorney can assist families in obtaining financial compensation that can cover the costs of these requirements. To file a birth injury lawsuit the plaintiff's family must prove that their medical provider or doctor failed to provide the care that reasonable medical professionals would have provided under similar circumstances. This is known as medical malpractice. To prove medical malpractice, the injured party must establish four elements that include breach of duty, causation and damages. Many of the medical errors that cause birth injuries are based on simple mistakes, such as incorrect diagnosis or treatment of prenatal complications. Some are more complex such as shoulder dystocia that can cause partial or total arm paralysis. Some birth injuries only show up later in childhood, as the child begins to fail to meet developmental milestones. It is important to contact a birth injury lawyer as soon as possible after the injury or the initial statute of limitations (SOL) will expire. There are however some exceptions to the SOL that may extend the time for filing an action. A skilled birth injury attorney can provide specific SOLs that apply to your particular case and recommend an appropriate time frame to file a lawsuit. Expert testimony is often required to demonstrate that the doctor's care was not up to par with the standards of their field of expertise. A medical malpractice company that is certified such as Miller Weisbrod Olesky, works with highly-regarded experts around the country to establish the facts of an injury claim involving birth. How to File a Claim Birth injuries can have a lasting and life-altering impact on the child, parents and family. A successful claim may provide compensation for medical expenses, income loss and suffering and pain. It may also pay for specialized therapies and equipment. However the claim must be backed by medical expert testimony to prove that the doctor, nurse, or any other healthcare provider violated 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 responsible medical provider or healthcare facility. It is important to note that medical malpractice lawsuits have strict statutes. A lawyer can go over the specifics of the case and determine when the statute of limitations began to expire in order for legal action to be initiated prior to the expiration date. In some cases, a doctor can be held accountable for a birth injury even if the medical error occurred during the time of birth. This type of negligence could be the result of a delay in diagnosing or treating a maternal problem or a mishap with forceps during the delivery or a failed Caesarean section. Birth injuries can also be caused by a absence or prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to determine if there are any responsible parties, such as nurses, doctors or hospitals. The lawsuits are usually filed against the institution where the negligent healthcare professional was employed. It is not uncommon for an individual defendant or their lawyer to claim that there may be other causes for the injuries of a baby. These could be genetic problems or fetal developmental issues. A New Mexico birth injury attorney can assist the victim and their family to counter this argument by proving that there was evidence of malpractice and that the medical professional's actions or failure to act on their own directly caused the child's injuries. A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more medical experts to establish that a health care provider's decision or failure to act fell short of the standard of care in a similar circumstance and caused the child's injuries. A successful claim could result in compensation for past and future medical costs as well as lost income, pain and discomfort, and other damages.