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The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes in the delivery room cause serious birth injuries in newborns. These injuries can lead to the need for ongoing medical bills and care which drain families' funds.
Birth injuries require the same proof requirements as other malpractice claims. The medical professional must have breached his or her duty to provide a reasonable medical treatment. This is a complicated task.
Create a Claim
The legal procedure for a birth injury case starts with an evaluation of the medical records of your child. These documents contain a wealth of information that may prove the doctor acted negligently. An experienced attorney can pinpoint the most important evidence and also gather other documents that can be used to back your claim.
The lawyer will also collaborate with one or more medical experts to prove that the doctor did not meet the standard of care expected by an expert in the same field. An expert can help the jurors to understand how the doctor's failure to act or actions resulted in the injuries of your child.
If a medical professional can demonstrate that your child's injuries were caused by the doctor's negligence the next step is determining what damages your child is likely to suffer. This will include future and past medical expenses and lost earnings over a lifetime as well as pain and suffering.
You could be entitled punitive damages or exemplary damage depending on the severity of the injuries your child sustained. These additional damages are intended to punish the at-fault medical professional for their carelessness or negligence and discourage others from doing the same.
Medical errors that occur during the birth of a child are responsible for numerous birth injuries. These mistakes can happen at any time during pregnancy, but they are most likely to occur during the labor and delivery. Medical malpractice can result in severe and lasting injuries for both the mother and child.
The most frequent birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's Palsy is a kind of nerve damage that causes partial or complete arm paralysis, and is usually caused by injury to the brachial plexus during delivery. In most cases the problem can be avoided with appropriate treatment and intervention.
New Mexico law has strict statutes of limitation that stipulate the time frame within which you can bring a medical malpractice lawsuit. Your lawyer will determine if your case is eligible for an exemption to these deadlines. If the statutes of limitations have expired the case will be dismissed, even if you have an excellent case. It is critical to speak with an New Mexico birth injury attorney immediately to ensure the timely filing of your lawsuit.
Prepare for Trial
The preparation for a trial starts much ahead of the trial date, as the legal teams survey the evidence and formulate their theory of the trial. They must then determine the witnesses and prepare questions for them. They will also have to compile all the evidence that will be used in the trial. They also have to prepare jury instructions. All of this is essential for presenting a successful claim, and win compensation for the victims.
A birth injury that is caused by a medical error can be life-altering for a family. Children who suffer from such injuries will need medical services and care for Leading birth injury attorney the rest of their lives. Families may require financial aid to pay for therapy or treatments as well as specialized equipment. An experienced New Mexico birth injuries attorney can help families obtain compensation to cover these expenses.
To bring a lawsuit against a birth injuries, the family has to show that the medical provider did not provide the treatment that a reasonable medical professional under similar circumstances would have given. 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 medical mistakes that result in birth injuries are simple errors like misdiagnosis or improper treatment of prenatal problems. Other complications are more complicated like shoulder dystocia. This is a condition which can result in partial or total paralysis of the arm. In some cases birth injuries, they only become evident later in childhood when the child is unable to complete developmental milestones.
Contacting a lawyer for birth injuries as soon as you can following the injury is essential, otherwise the statute of limitations (SOL) could run out. There are exceptions to the SOL that can extend the time period to file a lawsuit. An experienced birth injury lawyer will explain the specific SOLs that apply to your particular case and recommend an appropriate timeline to file an action.
Medical malpractice claims involving birth injuries usually require experts to prove that the doctor's care fell below the standards of care for their specialty. A reputable medical malpractice firm such as Miller Weisbrod Olesky is able to work with highly-respected experts across the country to prove the facts of an injury claim involving birth.
How to File a Claim
A birth injury can cause a permanent and life-altering effect on the child, parents and the family. A successful claim can provide compensation for future and current medical expenses, loss of income as well as pain and suffering. It can also be used to pay for specific therapies and equipment. A successful claim requires medical expert testimony that proves that the doctor, the nurse, or any other healthcare provider breached their duty of caring and aggravated the child's injuries.
A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve with an action against the accountable medical professional or healthcare facility. It is important to keep in mind that medical malpractice claims have strict statutes. An attorney can look over the details of the case and determine the date when the statute of limitations was set to expire, to ensure that legal action can be initiated before it expires.
In some cases doctors can be held accountable for birth injuries, even if the medical error was not present during the time of birth. This kind of negligence could be caused by the delay in diagnosing an illness in the mother, or improperly using forceps to deliver the baby or even the failure of a Caesarean.
A birth injury can also be caused by a lack or prolonged labor. A New Mexico Leading birth Injury attorney-injury lawyer can analyze the case's details to identify 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 uncommon for defendant to argue that there are other possible reasons for the baby's injuries, such as genetic defects or fetal developmental issues. A New Mexico birth injury attorney can help the family of the victim counter this argument by establishing that there was evidence of negligence and that the medical professional's actions or inability to act in a direct manner caused the child's injuries.
A New Mexico birth injury attorney kansas city injury lawyer at Miller Weisbrod Olesky can investigate the case and appoint one or more medical experts to prove that a healthcare provider's decision or failure to act was not up to the standard of care in a similar situation and resulted in the child's injuries. A successful claim could result in compensatory damages, which include future and past medical expenses and income loss and pain and suffering and other damages.
