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The Work of a New Mexico Birth Injury Attorney Many medical errors during delivery can lead to severe birth injuries for newborns. These injuries can result in a lifetime of medical expenses and care, which can cause financial hardship for families. Birth injuries require the same proof requirements as other malpractice claims. The medical professional must have acted in breach of their duty to provide reasonable medical care. This is a complicated undertaking. Prepare a Claim The legal process for a birth injury case starts with an evaluation of the medical records of your child. These documents are full of information that may prove the doctor acted negligently. A qualified attorney will be able to determine the most crucial evidence, and also collect documents that you can use to support your claim. The attorney will also work closely with one or more medical experts to prove that the doctor's actions didn't meet the standards of care expected by a professional in the same field. A medical expert can help jurors understand how the doctor's failure to act or his actions resulted in the injuries of your child. If a medical professional can establish that negligence by the doctor caused the injuries to your child The next step will be to determine the damages your child is entitled to. This includes future and past medical expenses and loss of earnings over the course of a year and suffering and pain. Based on pittsburgh birth injury attorney of your child's injuries you could be entitled to damages for punitive or exemplary injuries. These additional damages are designed to penalize the at-fault medical professional for their extreme carelessness or disregard and deter others from committing the same actions. Many birth injuries result from medical mistakes during the delivery of an infant. These errors can happen anytime during pregnancy but tend to occur during the labor and delivery. When a medical professional commits malpractice, they can cause severe and permanent injuries to both the mother and baby. Erb's Palsy, shoulder dystocia and brain damage are a few of the most commonly occurring birth injuries. Erb's Palsy is a kind of nerve injury that can cause partial or total paralysis of the arm, and is typically caused by trauma to the brachial nerve plexus during the birth. This condition is often preventable by the proper treatment and intervention. New Mexico law has strict statutes of limitations that impose the time frame within which you can bring a medical malpractice lawsuit. Your lawyer will determine if your claim is eligible to be exempt from these deadlines. If the statutes of limitation have expired, your case will be dismissed even if you have an excellent case. It is critical to speak with a New Mexico birth injury attorney immediately to ensure the timely filing of your lawsuit. Prepare for Trial The preparation for a trial starts much earlier than the trial date itself and the legal teams review the evidence and formulate their theories. Then, they have to identify all witnesses and write questions for them. They should also prepare all exhibits that will be used during the trial. They must also prepare jury instructions. All of this is crucial to present a successful claim and secure compensation for victims. A birth injury that is the result of a medical professional's mistake can result in life-altering consequences for the entire family. Children who suffer from injuries like this require an entire lifetime of medical treatment and treatments. Families may need help paying for treatments, therapies, and specialized equipment. A skilled New Mexico birth injury attorney can assist families in obtaining the financial compensation needed to cover the costs of these expenses. To file a lawsuit for birth injuries, a family has to show that the doctor or medical provider did not provide the care a reasonable medical professional in similar circumstances would have provided. Medical malpractice is what this is. To prove medical malpractice, the injured party needs to establish four elements that include breach of duty, causation, and damages. A lot of medical mistakes that result in birth injuries are caused by simple errors, such as the wrong diagnosis or inadequate treatment for prenatal complications. Other complications are more complicated such as shoulder dystocia, a condition which can result in total or partial arm paralysis. Some birth injuries only become apparent after childhood, when a child starts to fail to meet developmental milestones. Contacting a birth injury attorney as soon as you can following the injury is important as otherwise, the initial statute of limitation (SOL) could expire. However, there are a few exceptions to the SOL that may extend the time for filing a lawsuit. A knowledgeable birth injury attorney will explain the specific SOLs that apply to your case and recommend the appropriate timeframe to file a lawsuit. Medical malpractice claims involving birth injuries typically require expert testimony to prove that the medical professional's treatment was below the standard of care in their field. Miller Weisbrod Olesky is a medical malpractice firm that is certified that collaborates with highly respected experts from across the country to establish this fact in a birth injury case. How to Claim? Birth injuries can cause a permanent and life-altering impact on a child, parents and the family. A successful claim could provide reimbursement for medical expenses and income loss and pain and suffering. It may also help pay for the cost of equipment and therapies that are specialized. 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 aggravated the child's injuries. A New Mexico birth injury lawyer can help families receive the justice they deserve through a lawsuit filed against the accountable healthcare provider or medical facility. It is important to keep in mind 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 certain instances, doctors can be held accountable for birth injuries even if medical negligence was not present at the time of delivery. This type of negligence could be the result of a delay in diagnosing or treating a maternal problem or a mishap with forceps during delivery or a failed Caesarean section. Other causes of birth injury include a lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to determine potential responsible parties, including doctors, nurses and hospitals. These lawsuits are typically filed against the institution where the negligent healthcare professional worked. It is not uncommon for an individual defendant or their attorney to assert that there could be other reasons for the injuries of a baby. These include genetic defects or fetal developmental issues. A New Mexico birth injury attorney can help the family of the victim argue against this claim by proving that there was evidence of malpractice and that the medical professional's actions or inability to act directly caused the child's injuries. A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and employ one or more medical experts to prove that a healthcare provider's action or failure to act was not up to the standard of care in a similar circumstance and caused the child's injuries. A successful case could result in compensation for past and future medical expenses and lost income, as well as discomfort and pain, as well as other damages.