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The Work of a New Mexico Birth Injury Attorney Unfortunately many mistakes made by doctors during delivery can lead to serious birth injuries in newborns These injuries can cause an entire life of medical costs and treatment that deplete families finances Like all malpractice claims birth injury cases must prove that the medical professional violated their duty to provide reasonable medical treatment This is a difficult task Prepare a Claim The legal process for a birth injury lawsuit begins by analyzing the medical records of your child These records could contain important information that proves the doctor was negligent An experienced attorney will be able to determine the most crucial evidence and collect documents can be used to prove your claim The attorney will also collaborate with one or more medical experts to prove that the doctor did not meet the standards of care expected by professionals in the same field A medical expert can help jurors to understand the reasons why the doctors inability to act or conduct resulted in the injuries of your child If a medical professional can demonstrate that your childs injuries resulted from a doctors negligence The next step is to determine what damages your child could be liable for This includes the future and past medical expenses lost earnings over a lifetime and suffering and pain You could be entitled to damages for punitive or exemplary in proportion to the severity of the injuries that your child sustained These additional damages are intended to punish the atfault medical professional for their extreme carelessness or negligence and discourage others from acting similarly Medical errors made during the delivery of a child are the reason for many birth injuries These mistakes can happen at any time during pregnancy but are more likely to occur during labor and delivery Medical malpractice can lead to severe and lasting injuries for both the mother and child Some of the most common birth injuries include shoulder dystocia brain damage spinal cord injuries and Erbs paralysis Erbs palsy is a form of nerve damage that results in partial or total paralysis of the arm and is usually caused by trauma to the brachial plexus in delivery The condition is usually preventable by the proper treatment and treatment New Mexico law has strict statutes of limitations that dictate the time frame within which you are able to file a medical malpractice lawsuit The lawyer will determine if your case qualifies for an exception to these deadlines If the statutes of limitation have been reached the case will be dismissed even if you have an excellent 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 trial The process of preparing for trial begins much ahead of the trial date as legal teams examine the evidence and establish their theories about the case They must then identify all witnesses and prepare their questions birth injury attorney in nyc must also gather all exhibits which will be used in the trial They will also need to prepare jury instructions All of this preparation is essential to presenting a winning claim and obtaining a fair amount of compensation for the victims A birth injury that is the result of an error by a medical professional can cause lifealtering effects for a family Children who suffer from such injuries require a lifetime of medical care and services Families may require financial assistance to cover the cost of therapies or treatments as well as specialized equipment An experienced New Mexico birth injury attorney can assist families in obtaining financial compensation that will help pay for these expenses To bring a lawsuit against a birth injuries a family has to show that the doctor or medical professional did not provide the care that a reasonable medical professional in similar circumstances would have provided Medical malpractice is what this is To prove medical negligence the person who suffered needs to establish four elements that include breach of duty causation and damages Many of the medical errors that result in birth injuries are merely mistakes like misdiagnosis and inadequate treatment of prenatal problems Certain are more complicated such as shoulder dystocia which can cause partial or total arm paralysis In some cases birth injuries are only evident later in childhood when the child begins missing developmental milestones Contacting a lawyer for birth injuries as soon as you can after the injury is important in order to avoid the time frame when the initial statute of limitations SOL could run out However there are some exceptions to the SOL that may prolong the time to file lawsuits A skilled birth injury attorney can provide specific SOLs that apply to your case and recommend the appropriate timeframe for filing an action Medical malpractice claims involving birth injuries typically require expert testimony to prove that the doctors care fell below the standard of care they provide in their specialization A medical malpractice company that is certified like Miller Weisbrod Olesky works with highlyregarded experts around the country to prove the facts of the case of a birth injury How to Claim If a birth injury occurs it can cause lasting and lifealtering injuries to the child parents and family members A successful claim may pay for future and current medical expenses loss of income and suffering and pain It can also help to cover the costs of equipment and therapies that are specialized However a successful claim requires medical expert testimony to prove that the nurse doctor or other healthcare provider breached their duty of care and caused the childs injuries A New Mexico birth injury lawyer can help families receive the justice they deserve through an action against the responsible healthcare provider or medical facility It is important to note that medical malpractice lawsuits have strict statutes A lawyer can review details of the case to determine when the statute started to run so that legal action may be taken before the statute expires In certain instances doctors can be held accountable for birth injuries even if medical negligence wasnt committed at the time of delivery This type of negligence could result from an inability to diagnose a maternal condition or improperly using forceps to deliver the baby or even a failed Caesarean Birth injuries can also be caused by a lack or prolonged labor A New Mexico birthinjury lawyer can examine the facts of a case to determine the possible responsible parties such as doctors nurses or hospitals These lawsuits are typically filed against the institution in which the negligent healthcare professional was employed It is not unusual for defendant to claim that there are other possible causes for the babys injuries such as the genetic defect or fetal development issues A New Mexico birth injury attorney can help the family of the victim to counter this argument by proving that there was evidence of negligence and that the medical professionals actions or inability to act in a direct manner caused the childs injuries Miller Weisbrod Olesky a New Mexico birth injury attorney can examine the case They may also hire one or more medical experts to establish that the healthcare providers actions or inactions fall short of the standard of care for a similar situation This is the reason for the childs injuries A successful case can result in compensatory damages which include future and past medical expenses loss of income as well as pain and suffering and other damages