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The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical errors during the delivery process result in serious birth injuries to newborns. These injuries can cause the need for ongoing medical bills and care which drain families' funds. Birth injury claims require the same proof requirements as other malpractice claims. The medical professional must have breached his or her duty to provide reasonable medical treatment. This is a difficult task. Preparing a Claim The legal process for a birth injury claim starts with a thorough review of the medical records of your child. These documents are full of evidence that can prove the doctor acted negligently. A qualified attorney will be able to find the most important evidence, and collect documents you can use to support your claim. The attorney will work closely with one or more medical experts to establish that the doctor did not meet the standard of care required by an expert in the same field. A medical expert can help jurors understand how the doctor's failure to act or his actions led to the injuries of your child. If a medical expert can prove that negligence on the part of the doctor caused your child's injuries the next step would be to determine what damages your child is entitled to. This includes future and past medical expenses, lost earnings throughout the course of their lives and pain and suffering. You may be entitled to punitive damages or exemplary damage in proportion to the severity of the injuries that your child sustained. These additional damages are designed to penalize the at-fault medical professional for their carelessness or negligence and discourage others from committing the same actions. Medical errors made during the birth of a child are the reason for many birth injuries. These mistakes can happen at any time during the pregnancy but are more likely to occur during labor and birth. When a medical professional commits error, it can lead to serious and lasting injuries to both the mother and child. Erb's shoulder dystocia, palsy and brain damage are a few of the most common birth injuries. Erb's Palsy is a form of nerve damage that causes arm paralysis. It is typically caused by trauma during delivery to the brachial plexus. In birth injury litigation can be avoided with appropriate treatment and intervention. New Mexico law has strict laws that limit the time you can make a claim for medical malpractice. Your attorney will determine if your case qualifies to be exempt from these deadlines. If the statutes of limitations have expired and your case is dismissed, even if have an excellent case. To ensure that your lawsuit is filed in time, it is important to contact an New Mexico attorney for birth injury as soon as you are able to. Prepare for the trial The preparation for a trial starts much earlier than the actual trial date, when legal teams review the evidence and formulate their theories of the case. They then must identify all witnesses and prepare their questions. They will also need to gather all exhibits which will be used during the trial. They must also prepare jury instructions. All of this is essential to present a successful claim and to secure compensation for the victims. A birth injury that is caused by a medical mistake can cause a profound impact on a family. Children who suffer such injuries will need medical services and care throughout their lives. Families may require assistance to pay for therapies, treatments, and specialized equipment. An experienced New Mexico birth injury attorney can help families recover the financial compensation needed to help pay for these expenses. In order to start a lawsuit for birth injuries the plaintiff's family must prove that their medical provider or doctor failed to provide the care that a reasonable medical professional would have offered under similar circumstances. Medical malpractice is what this is. To prove this, the party who was injured must establish four elements that include duty of care, breach of that duty, causation, as well as damages. A lot of medical mistakes that result in birth injuries are based on simple errors, such as incorrect diagnosis or treatment of prenatal complications. Others are complex such as shoulder dystocia, a condition which can result in total or partial arm paralysis. In some instances, birth injuries are only apparent later in childhood, as the child is unable to complete developmental milestones. It is essential to speak with a birth injury lawyer as soon as you can after the injury, or before the initial statute of limitations (SOL) expires. There are however some exceptions to the SOL which can prolong the time required to file a lawsuit. An experienced birth injury lawyer can provide specific SOLs applicable to your particular case and recommend the appropriate timeframe for filing a lawsuit. Medical malpractice claims involving birth injuries typically involve expert testimony to prove that the medical professional's treatment was below the standard of care for their specialty. Miller Weisbrod Olesky is a qualified medical malpractice firm which works with highly respected experts from across the country to establish this fact in a birth injury claim. How to Claim a Claim? A birth injury can have a permanent and life-altering impact on a child, parents and family. A successful claim could provide compensation for future and present medical expenses, loss of income 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 help families receive the justice they deserve through a lawsuit filed against the responsible medical provider or healthcare facility. It is crucial to understand that medical malpractice lawsuits are subject to strict statutes of limitation. Lawyers can look over the details of the case to determine when the statute started to run in order that legal action can be taken prior to the expiration date. In certain instances doctors may be held responsible for birth injuries, even if medical negligence wasn't committed at the time of delivery. This kind of negligence could be the result of an inability to diagnose or treating a maternal problem or a mishap with forceps during the delivery or a failing Caesarean section. A birth injury could also be caused by a insufficient or prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to identify potential responsible parties, including nurses, doctors and hospitals. In most cases the lawsuits are filed against the hospital where the negligent healthcare professional was employed. It is not unusual for the defendant or their lawyer to argue that there could be other reasons for the injuries suffered by a baby. This could be due to genetic issues or fetal developmental issues. A New Mexico birth injury attorney can assist the family and the victim argue against this claim by proving 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 lawyer at Miller Weisbrod Olesky can investigate the case and appoint one or more medical experts to establish that a health care provider's decision or failure to act fell below the standard of care in a similar circumstance and resulted in the child's injuries. A successful claim could result in compensation for damages, which could include past and future medical expenses as well as loss of income as well as pain and suffering and other damages.